Narrative:

Possible violation of flight time limitations. On the third day of a 3-DAY sequence, our crew started the day in san antonio. We had 3 scheduled legs from sat to dfw, dfw to san, san to dfw. The day was originally scheduled with 7 hours 6 mins flight time and 12 hours 16 mins of duty time. Because of extensive WX in the dfw area, we were ground delayed for 42 mins. After finally leaving the gate, our total flight time for that segment was 1 hour 54 mins, originally scheduled for 1 hour 7 mins. The dfw-san leg (again because of WX) had a total flight time of 3 hours 20 mins. This segment was originally scheduled for 2 hours 57 mins. This gave us a total flying time to this point of 5 hours 14 mins. Upon reaching san, the flight attendants voiced concern over total flying time for the day. Looking at the scheduled time back to dfw of 3 hours 2 mins, we would go over 8 hours of flying for the day. The captain and I looked through fom and the contract in an attempt to find the answers to their questions. The far states '121.470 flight time limitations and rest requirements all flight crew members a) no domestic air carrier may accept an assignment for flight time in scheduled air transportation or in other commercial flying if that crew member's total flight time in all commercial flying will exceed 8 hours between required rest periods.' our interpretation of this at the time is that the day's flying was obviously legal at the beginning of the day but became illegal because of the earlier delays. We had already flown 5 hours 14 mins and were illegally scheduled to fly 8 hours 16 mins total (5 hours 14 mins actual and the scheduled 3 hours 2 mins). Noting this, the captain called crew tracking to voice his concern and was told that the sequence was still legal. We continued our preflight duties while continuing to discuss the matter. Still concerned, the captain again called crew tracking -- more strongly voicing his concern and quoting the FARS. Again, he was told that the crew was legal and that we were to fly the leg home. After being told twice that we were in fact legal, the captain made the decision that we would fly the leg but that he would be filling out a report on the incident. I agreed with his decision but I am writing this report because as I interpretation what I read, we were told to and accepted an illegal amount of flying time between rest periods. Supplemental information from acn 556532: I am told 121.47 does not prohibit overflying 121.47's 8 hours. While 121.47 is a strong argument for not flying over 8 hours, regrettably, I am not convinced the argument is air tight.

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Original NASA ASRS Text

Title: THE FLC OF AN MD80 PONDERS THE QUESTION THAT WAS RAISED WITH COMPANY REGARDING THE LEGALITY OF THEIR CONTINUING THEIR PAIRING AFTER EXCEEDING SCHEDULED TIMES DUE TO WX PRIOR TO DEP FOR RETURN TO DFW, TX.

Narrative: POSSIBLE VIOLATION OF FLT TIME LIMITATIONS. ON THE THIRD DAY OF A 3-DAY SEQUENCE, OUR CREW STARTED THE DAY IN SAN ANTONIO. WE HAD 3 SCHEDULED LEGS FROM SAT TO DFW, DFW TO SAN, SAN TO DFW. THE DAY WAS ORIGINALLY SCHEDULED WITH 7 HRS 6 MINS FLT TIME AND 12 HRS 16 MINS OF DUTY TIME. BECAUSE OF EXTENSIVE WX IN THE DFW AREA, WE WERE GND DELAYED FOR 42 MINS. AFTER FINALLY LEAVING THE GATE, OUR TOTAL FLT TIME FOR THAT SEGMENT WAS 1 HR 54 MINS, ORIGINALLY SCHEDULED FOR 1 HR 7 MINS. THE DFW-SAN LEG (AGAIN BECAUSE OF WX) HAD A TOTAL FLT TIME OF 3 HRS 20 MINS. THIS SEGMENT WAS ORIGINALLY SCHEDULED FOR 2 HRS 57 MINS. THIS GAVE US A TOTAL FLYING TIME TO THIS POINT OF 5 HRS 14 MINS. UPON REACHING SAN, THE FLT ATTENDANTS VOICED CONCERN OVER TOTAL FLYING TIME FOR THE DAY. LOOKING AT THE SCHEDULED TIME BACK TO DFW OF 3 HRS 2 MINS, WE WOULD GO OVER 8 HRS OF FLYING FOR THE DAY. THE CAPT AND I LOOKED THROUGH FOM AND THE CONTRACT IN AN ATTEMPT TO FIND THE ANSWERS TO THEIR QUESTIONS. THE FAR STATES '121.470 FLT TIME LIMITATIONS AND REST REQUIREMENTS ALL FLC MEMBERS A) NO DOMESTIC ACR MAY ACCEPT AN ASSIGNMENT FOR FLT TIME IN SCHEDULED AIR TRANSPORTATION OR IN OTHER COMMERCIAL FLYING IF THAT CREW MEMBER'S TOTAL FLT TIME IN ALL COMMERCIAL FLYING WILL EXCEED 8 HRS BTWN REQUIRED REST PERIODS.' OUR INTERP OF THIS AT THE TIME IS THAT THE DAY'S FLYING WAS OBVIOUSLY LEGAL AT THE BEGINNING OF THE DAY BUT BECAME ILLEGAL BECAUSE OF THE EARLIER DELAYS. WE HAD ALREADY FLOWN 5 HRS 14 MINS AND WERE ILLEGALLY SCHEDULED TO FLY 8 HRS 16 MINS TOTAL (5 HRS 14 MINS ACTUAL AND THE SCHEDULED 3 HRS 2 MINS). NOTING THIS, THE CAPT CALLED CREW TRACKING TO VOICE HIS CONCERN AND WAS TOLD THAT THE SEQUENCE WAS STILL LEGAL. WE CONTINUED OUR PREFLT DUTIES WHILE CONTINUING TO DISCUSS THE MATTER. STILL CONCERNED, THE CAPT AGAIN CALLED CREW TRACKING -- MORE STRONGLY VOICING HIS CONCERN AND QUOTING THE FARS. AGAIN, HE WAS TOLD THAT THE CREW WAS LEGAL AND THAT WE WERE TO FLY THE LEG HOME. AFTER BEING TOLD TWICE THAT WE WERE IN FACT LEGAL, THE CAPT MADE THE DECISION THAT WE WOULD FLY THE LEG BUT THAT HE WOULD BE FILLING OUT A RPT ON THE INCIDENT. I AGREED WITH HIS DECISION BUT I AM WRITING THIS RPT BECAUSE AS I INTERP WHAT I READ, WE WERE TOLD TO AND ACCEPTED AN ILLEGAL AMOUNT OF FLYING TIME BTWN REST PERIODS. SUPPLEMENTAL INFO FROM ACN 556532: I AM TOLD 121.47 DOES NOT PROHIBIT OVERFLYING 121.47'S 8 HRS. WHILE 121.47 IS A STRONG ARGUMENT FOR NOT FLYING OVER 8 HRS, REGRETTABLY, I AM NOT CONVINCED THE ARGUMENT IS AIR TIGHT.

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.