Narrative:

Upon arrival at mia from sju I obtained a copy of my sequence to date. Upon review I noted that we had just exceeded 8 hours in 24 hours of flying and was concerned that we had illegally departed sju. After talking to my copilot, he noted that the original sequence was scheduled to exceed 8 hours in 24 hours. At this point I got out part 1 and looked up the far in section 3. It was obvious that the original sequence had been legal because the 8 hours of flight was broken up by a rest period in sju that was more than twice the flying done that day. Now through overfly due to WX and arriving late at sju our layover was far short of double the flying time. It now appeared that we had to receive 18 hours of rest at mia due to this. I contacted the crew scheduler and explained the problem. He informed me that I was wrong and we were perfectly legal. I disagreed and asked him to contact the union or FAA to confirm his belief. He advised me that he would contact union and I should also call him in 5 mins to confirm my legality. After making the call to union I was told that the scheduler had not called. I tried to call the scheduler but could not get through. At this time my copilot came up and said that we were now reassigned to deadhead on the same flight we were previously going to fly. Had I not noted, by chance, our flying time we would have violated the far by flying to bos. Should not the scheduler system be triggered by an alert? Why was the scheduler not familiar with this far if he is assigned the job of making the call? How can we be legal under the far to deadhead to base without 18 hours of rest? The far is explicit about removal from all duty. How can assignment to be on an aircraft not be considered duty? I think we are putting our crews at risk of violation, as well as flying or driving fatigued.

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Original NASA ASRS Text

Title: ACR CREW FINDS THEMSELVES SCHEDULED TO EXCEED DUTY TIME AND HAS DIFFICULTY WITH COMPANY GETTING IT CORRECTED.

Narrative: UPON ARR AT MIA FROM SJU I OBTAINED A COPY OF MY SEQUENCE TO DATE. UPON REVIEW I NOTED THAT WE HAD JUST EXCEEDED 8 HRS IN 24 HRS OF FLYING AND WAS CONCERNED THAT WE HAD ILLEGALLY DEPARTED SJU. AFTER TALKING TO MY COPLT, HE NOTED THAT THE ORIGINAL SEQUENCE WAS SCHEDULED TO EXCEED 8 HRS IN 24 HRS. AT THIS POINT I GOT OUT PART 1 AND LOOKED UP THE FAR IN SECTION 3. IT WAS OBVIOUS THAT THE ORIGINAL SEQUENCE HAD BEEN LEGAL BECAUSE THE 8 HRS OF FLT WAS BROKEN UP BY A REST PERIOD IN SJU THAT WAS MORE THAN TWICE THE FLYING DONE THAT DAY. NOW THROUGH OVERFLY DUE TO WX AND ARRIVING LATE AT SJU OUR LAYOVER WAS FAR SHORT OF DOUBLE THE FLYING TIME. IT NOW APPEARED THAT WE HAD TO RECEIVE 18 HRS OF REST AT MIA DUE TO THIS. I CONTACTED THE CREW SCHEDULER AND EXPLAINED THE PROB. HE INFORMED ME THAT I WAS WRONG AND WE WERE PERFECTLY LEGAL. I DISAGREED AND ASKED HIM TO CONTACT THE UNION OR FAA TO CONFIRM HIS BELIEF. HE ADVISED ME THAT HE WOULD CONTACT UNION AND I SHOULD ALSO CALL HIM IN 5 MINS TO CONFIRM MY LEGALITY. AFTER MAKING THE CALL TO UNION I WAS TOLD THAT THE SCHEDULER HAD NOT CALLED. I TRIED TO CALL THE SCHEDULER BUT COULD NOT GET THROUGH. AT THIS TIME MY COPLT CAME UP AND SAID THAT WE WERE NOW REASSIGNED TO DEADHEAD ON THE SAME FLT WE WERE PREVIOUSLY GOING TO FLY. HAD I NOT NOTED, BY CHANCE, OUR FLYING TIME WE WOULD HAVE VIOLATED THE FAR BY FLYING TO BOS. SHOULD NOT THE SCHEDULER SYS BE TRIGGERED BY AN ALERT? WHY WAS THE SCHEDULER NOT FAMILIAR WITH THIS FAR IF HE IS ASSIGNED THE JOB OF MAKING THE CALL? HOW CAN WE BE LEGAL UNDER THE FAR TO DEADHEAD TO BASE WITHOUT 18 HRS OF REST? THE FAR IS EXPLICIT ABOUT REMOVAL FROM ALL DUTY. HOW CAN ASSIGNMENT TO BE ON AN ACFT NOT BE CONSIDERED DUTY? I THINK WE ARE PUTTING OUR CREWS AT RISK OF VIOLATION, AS WELL AS FLYING OR DRIVING FATIGUED.

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.