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Flight crew required by air carrier to fly international round trip that exceeded 8 hours block to block flight time without an additional crew member as required by far's. Company argues scheduled time less than 8 hours, but had substituted slower equipment that was not legal for direct overwater routes thus producing predictable and illegal excessive flight times.
| Attributes | |
| ACN | 580628 |
| Time | |
| Date | 200304 |
| Day | Wed |
| Local Time Of Day | 0601 To 1200 |
| Place | |
| Locale Reference | airport : phl.airport |
| State Reference | PA |
| Aircraft 1 | |
| Operator | common carrier : air carrier |
| Make Model Name | Medium Transport, Low Wing, 2 Turbojet Eng |
| Operating Under FAR Part | Part 121 |
| Navigation In Use | other |
| Flight Phase | ground : parked |
| Route In Use | enroute other |
| Flight Plan | IFR |
| Person 1 | |
| Affiliation | company : air carrier |
| Function | flight crew : captain oversight : pic |
| Qualification | pilot : flight engineer pilot : atp |
| Experience | flight time last 90 days : 200 flight time total : 17300 flight time type : 2500 |
| ASRS Report | 560628 |
| Person 2 | |
| Affiliation | company : air carrier |
| Function | other personnel |
| Events | |
| Anomaly | non adherence : far non adherence : company policies |
| Independent Detector | other flight crewa |
| Resolutory Action | other |
| Supplementary | |
| Problem Areas | Company |
| Primary Problem | Company |
Narrative:
Flight sequence is a scheduled round-trip XXX-sju-XXX. It is normally flown by one type of aircraft at mach .82 and with extended overwater and class 2 navigation capability. Scheduled block time is 7 hours 49 mins. On this day, a different aircraft was substituted. The aircraft is not extended overwater or class 2 navigation capable and cruises at mach .79 to mach .80. Due to non-extended overwater capability, it is restr to flying within 162 NM off shore, so route of flight is much longer. Captain believes scheduled flight time is aircraft type and equipment specific. Dispatcher concurs due to routing required. Crew scheduling manager disagrees, stating it is flight number specific and schedule flight time should not be adjusted. Assistant chief pilot called and he agrees with scheduling. Union representative called and he agrees with captain. FAA administrators hot line called and written response requested. Block times for the 2 legs were 4 hours 10 mins and 4 hours 16 mins for a total of 8 hours 26 min block. Flight times were 3 hours 45 mins and 3 hours 50 mins actual. Callback conversation with reporter revealed the following information: reporter advised that subsequent to his call to the FAA hotline, the air carrier's principal operations inspector was alerted to investigate and the company has been instructed to cease and desist in this type of assignment. Further stated, that this city pair was not the only combination in which the carrier had taken such liberties. A significant contributor to the reporter's success was his collection of records to substantiate the significant proportion of given city pair operations in which such violations were routinely utilized. Reporter made clear to the analyst that his initial reaction to the assignment was to request an additional crew member be assigned to the pairing, per federal international flight time/duty time regulations. This relief was refused by the company.
Original NASA ASRS Text
Title: FLT CREW REQUIRED BY ACR TO FLY INTL ROUND TRIP THAT EXCEEDED 8 HRS BLOCK TO BLOCK FLT TIME WITHOUT AN ADDITIONAL CREW MEMBER AS REQUIRED BY FAR'S. COMPANY ARGUES SCHEDULED TIME LESS THAN 8 HRS, BUT HAD SUBSTITUTED SLOWER EQUIP THAT WAS NOT LEGAL FOR DIRECT OVERWATER ROUTES THUS PRODUCING PREDICTABLE AND ILLEGAL EXCESSIVE FLT TIMES.
Narrative: FLT SEQUENCE IS A SCHEDULED ROUND-TRIP XXX-SJU-XXX. IT IS NORMALLY FLOWN BY ONE TYPE OF ACFT AT MACH .82 AND WITH EXTENDED OVERWATER AND CLASS 2 NAV CAPABILITY. SCHEDULED BLOCK TIME IS 7 HRS 49 MINS. ON THIS DAY, A DIFFERENT ACFT WAS SUBSTITUTED. THE ACFT IS NOT EXTENDED OVERWATER OR CLASS 2 NAV CAPABLE AND CRUISES AT MACH .79 TO MACH .80. DUE TO NON-EXTENDED OVERWATER CAPABILITY, IT IS RESTR TO FLYING WITHIN 162 NM OFF SHORE, SO RTE OF FLT IS MUCH LONGER. CAPT BELIEVES SCHEDULED FLT TIME IS ACFT TYPE AND EQUIP SPECIFIC. DISPATCHER CONCURS DUE TO ROUTING REQUIRED. CREW SCHEDULING MGR DISAGREES, STATING IT IS FLT NUMBER SPECIFIC AND SCHEDULE FLT TIME SHOULD NOT BE ADJUSTED. ASSISTANT CHIEF PLT CALLED AND HE AGREES WITH SCHEDULING. UNION REPRESENTATIVE CALLED AND HE AGREES WITH CAPT. FAA ADMINISTRATORS HOT LINE CALLED AND WRITTEN RESPONSE REQUESTED. BLOCK TIMES FOR THE 2 LEGS WERE 4 HRS 10 MINS AND 4 HRS 16 MINS FOR A TOTAL OF 8 HRS 26 MIN BLOCK. FLT TIMES WERE 3 HRS 45 MINS AND 3 HRS 50 MINS ACTUAL. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR ADVISED THAT SUBSEQUENT TO HIS CALL TO THE FAA HOTLINE, THE ACR'S PRINCIPAL OPS INSPECTOR WAS ALERTED TO INVESTIGATE AND THE COMPANY HAS BEEN INSTRUCTED TO CEASE AND DESIST IN THIS TYPE OF ASSIGNMENT. FURTHER STATED, THAT THIS CITY PAIR WAS NOT THE ONLY COMBINATION IN WHICH THE CARRIER HAD TAKEN SUCH LIBERTIES. A SIGNIFICANT CONTRIBUTOR TO THE RPTR'S SUCCESS WAS HIS COLLECTION OF RECORDS TO SUBSTANTIATE THE SIGNIFICANT PROPORTION OF GIVEN CITY PAIR OPS IN WHICH SUCH VIOLATIONS WERE ROUTINELY UTILIZED. RPTR MADE CLR TO THE ANALYST THAT HIS INITIAL REACTION TO THE ASSIGNMENT WAS TO REQUEST AN ADDITIONAL CREW MEMBER BE ASSIGNED TO THE PAIRING, PER FEDERAL INTL FLT TIME/DUTY TIME REGS. THIS RELIEF WAS REFUSED BY THE COMPANY.
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.