Flight crew flight time legality.

Attributes
ACN	299725
Time
Date	199503
Day	Thu
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : mke
State Reference	WI
Altitude	agl bound lower : 0 agl bound upper : 0
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Navigation In Use	Other
Flight Phase	ground : preflight
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : second officer
Qualification	pilot : flight engineer pilot : atp
Experience	flight time last 90 days : 100 flight time total : 7600 flight time type : 900
ASRS Report	299725
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Events
Anomaly	other anomaly other other anomaly other
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Supplementary
Air Traffic Incident	other

Narrative:

On a flight from hnl to msp, we were not able to make it into msp due to fog forming at sunrise. We held as long as possible, but due to no improvement and with concurrence with our dispatch we were re-released to mke. Now in mke the question of legality came up with regards to the flight now from mke to msp. As our hard fly time was now at 8:40 total, are we legal to continue to msp now that we have landed at a domestic location. We warned the company about this question, while en route. In mke we called the chief pilot with our question, he was not sure so he said he would do some checking. After a while he sent a teletype stating, that since this was not a scheduled flight, it was because of a diversion, and the same flight number was to be used that this was legal as long as duty time was not exceeded. After a 3 hour wait from XA00-XB00 we finally got on our way. We still felt a little uneasy about the operation so the ASRS form. I just hope I'm not the 4TH person on the stand behind the chief pilot, captain, first officer.

Original NASA ASRS Text

Title: FLC FLT TIME LEGALITY.

Narrative: ON A FLT FROM HNL TO MSP, WE WERE NOT ABLE TO MAKE IT INTO MSP DUE TO FOG FORMING AT SUNRISE. WE HELD AS LONG AS POSSIBLE, BUT DUE TO NO IMPROVEMENT AND WITH CONCURRENCE WITH OUR DISPATCH WE WERE RE-RELEASED TO MKE. NOW IN MKE THE QUESTION OF LEGALITY CAME UP WITH REGARDS TO THE FLT NOW FROM MKE TO MSP. AS OUR HARD FLY TIME WAS NOW AT 8:40 TOTAL, ARE WE LEGAL TO CONTINUE TO MSP NOW THAT WE HAVE LANDED AT A DOMESTIC LOCATION. WE WARNED THE COMPANY ABOUT THIS QUESTION, WHILE ENRTE. IN MKE WE CALLED THE CHIEF PLT WITH OUR QUESTION, HE WAS NOT SURE SO HE SAID HE WOULD DO SOME CHKING. AFTER A WHILE HE SENT A TELETYPE STATING, THAT SINCE THIS WAS NOT A SCHEDULED FLT, IT WAS BECAUSE OF A DIVERSION, AND THE SAME FLT NUMBER WAS TO BE USED THAT THIS WAS LEGAL AS LONG AS DUTY TIME WAS NOT EXCEEDED. AFTER A 3 HR WAIT FROM XA00-XB00 WE FINALLY GOT ON OUR WAY. WE STILL FELT A LITTLE UNEASY ABOUT THE OP SO THE ASRS FORM. I JUST HOPE I'M NOT THE 4TH PERSON ON THE STAND BEHIND THE CHIEF PLT, CAPT, FO.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.