Narrative:

I am employed as a relief pilot for 2 hospital based EMS companies. At one hospital I fly cessna airplanes, and at the other I fly an astar turbine helicopter. Since july/xx/95, there has been less than 10 times when my end of duty time at the fixed wing hospital was closer than 10 hours to the start of my duty time at the helicopter hospital. The FAA FSDO principal operations inspector at the fixed wing hospital has told us that 14 crash fire rescue equipment 135.267 does not apply to multiple employers, only to each respective employer. Ie, a pilot has to have a minimum of 10 hours of rest between shifts at each specific employer, but this does not apply to the rest time between one employer and another employer. However, the FAA FSDO principal operations inspector for the helicopter employer, who incidentally works at the same FSDO, states that the 10 hour rest period does apply between employers, and if I violate it, he will charge me with a violation. Apparently ex post facto does not apply to the FAA. I was employed by a single employer, the fixed wing hospital first, and then additionally became employed by the helicopter hospital in jul/xx/95. Between jul/xx/96, and now, sep/xx/96, it is possible that I have had less than 10 hours of rest time between these 2 hospital employers on up to 10 different occasions. I realize that more than a yr has passed since the first incident may have occurred. However, the principal operations inspector for the helicopter hospital did not bring his interpretation to my attention until sep/xx/96. Ie, I did not become aware of this alleged violation until he gave his incorrect interpretation of 14 crash fire rescue equipment 135.267. I feel this regulation is very clear. The FAA has a proposed rule-making which specifically addresses this 'loophole' and will possibly in the future prohibit this situation. By the way, in my case this has not been a safety issue on these very few occasions, as I sleep while I am on duty between flts. Ie, I get more than 8 hours sleep per day. Throughout my more than 30 yrs as a pilot, I have encountered time and time again sits where you ask one FAA inspector to interpret an far and this interpretation differs from the interpretation of another FAA inspector.

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Original NASA ASRS Text

Title: EMS AMBULANCE PLT RPT OF FAA INTERP OF 14 CFR 135 PT 267 REGARDING REST PERIODS BTWN DUTY TIMES WITH MULTIPLE EMPLOYERS.

Narrative: I AM EMPLOYED AS A RELIEF PLT FOR 2 HOSPITAL BASED EMS COMPANIES. AT ONE HOSPITAL I FLY CESSNA AIRPLANES, AND AT THE OTHER I FLY AN ASTAR TURBINE HELI. SINCE JULY/XX/95, THERE HAS BEEN LESS THAN 10 TIMES WHEN MY END OF DUTY TIME AT THE FIXED WING HOSPITAL WAS CLOSER THAN 10 HRS TO THE START OF MY DUTY TIME AT THE HELI HOSPITAL. THE FAA FSDO PRINCIPAL OPS INSPECTOR AT THE FIXED WING HOSPITAL HAS TOLD US THAT 14 CFR 135.267 DOES NOT APPLY TO MULTIPLE EMPLOYERS, ONLY TO EACH RESPECTIVE EMPLOYER. IE, A PLT HAS TO HAVE A MINIMUM OF 10 HRS OF REST BTWN SHIFTS AT EACH SPECIFIC EMPLOYER, BUT THIS DOES NOT APPLY TO THE REST TIME BTWN ONE EMPLOYER AND ANOTHER EMPLOYER. HOWEVER, THE FAA FSDO PRINCIPAL OPS INSPECTOR FOR THE HELI EMPLOYER, WHO INCIDENTALLY WORKS AT THE SAME FSDO, STATES THAT THE 10 HR REST PERIOD DOES APPLY BTWN EMPLOYERS, AND IF I VIOLATE IT, HE WILL CHARGE ME WITH A VIOLATION. APPARENTLY EX POST FACTO DOES NOT APPLY TO THE FAA. I WAS EMPLOYED BY A SINGLE EMPLOYER, THE FIXED WING HOSPITAL FIRST, AND THEN ADDITIONALLY BECAME EMPLOYED BY THE HELI HOSPITAL IN JUL/XX/95. BTWN JUL/XX/96, AND NOW, SEP/XX/96, IT IS POSSIBLE THAT I HAVE HAD LESS THAN 10 HRS OF REST TIME BTWN THESE 2 HOSPITAL EMPLOYERS ON UP TO 10 DIFFERENT OCCASIONS. I REALIZE THAT MORE THAN A YR HAS PASSED SINCE THE FIRST INCIDENT MAY HAVE OCCURRED. HOWEVER, THE PRINCIPAL OPS INSPECTOR FOR THE HELI HOSPITAL DID NOT BRING HIS INTERP TO MY ATTN UNTIL SEP/XX/96. IE, I DID NOT BECOME AWARE OF THIS ALLEGED VIOLATION UNTIL HE GAVE HIS INCORRECT INTERP OF 14 CFR 135.267. I FEEL THIS REG IS VERY CLR. THE FAA HAS A PROPOSED RULE-MAKING WHICH SPECIFICALLY ADDRESSES THIS 'LOOPHOLE' AND WILL POSSIBLY IN THE FUTURE PROHIBIT THIS SIT. BY THE WAY, IN MY CASE THIS HAS NOT BEEN A SAFETY ISSUE ON THESE VERY FEW OCCASIONS, AS I SLEEP WHILE I AM ON DUTY BTWN FLTS. IE, I GET MORE THAN 8 HRS SLEEP PER DAY. THROUGHOUT MY MORE THAN 30 YRS AS A PLT, I HAVE ENCOUNTERED TIME AND TIME AGAIN SITS WHERE YOU ASK ONE FAA INSPECTOR TO INTERPRET AN FAR AND THIS INTERP DIFFERS FROM THE INTERP OF ANOTHER FAA INSPECTOR.

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.