Narrative:

This event started when my flight ZZZ1 to pvr was delayed. I was 1 hour 8 mins late for departure. My off duty time was XA53. My schedule had me deadheading to atl at XM02 on air carrier Y in order to do a flight from atl to ZZZ, first officer. We operate under supplemental rules, flag and domestic. The flight to pvr was under supplemental rules that require me to have 16 hours of rest before returning to duty if I went over 8 hours of flight. The earliest time for me to be legal would have been the following day at XP53 ZZZ1 time. My flight from atlanta was scheduled to depart at XQ02 of the next day. The company had me returning to duty at XQ02. Under current conditions I was legal to depart, but this is not realistic since I have to report 45 mins to 1 hour before departure time in order to get my ticket, go through security and proceed to the gate. The following were events and communication that I had with dispatch, scheduling and our director of operations. After I went through customs I called dispatch and asked if he could leave a message for the crew scheduler. Message: I would be illegal for next assignment for deadheading to atl and for him to book me on a later flight. I was not asking to be taken off the flight only for them to book me 1 hour later. I was just trying to make sure everything ran smooth the next day and they had ample warning to rebook me. When I woke up the next day I decided to call scheduling. Agent answered and informed me that I was legal. I told him that I had to have 16 hours of rest before I could take another assignment. He assured me that the regulation intent was for me, not to operate a 121 flight as a crew member and that I was legal because I was just deadheading and that when I got to atl I would have 16 hours of rest before I was scheduled to fly. I told him he was wrong and he assured me that it was done the week before and he would not ask me to do it, if it was not legal. I don't like to argue with schedulers, so I asked him for my chief pilot's cell number to advise him of the situation. He gave me the number of the director of operations as well. I placed 2 calls to chief pilot and he did not return the call. I called the director of operations, but the scheduler had beaten me to him. He said that I was legal. I told him that I was always told if there was a conflict between the gom (operations manual) and an FAA regulation we should always go with the most restrictive. He then stated that the FAA would not care what was in the gom and only cared about the FARS. He told me that I was legal, since I was just deadheading. I also stated that decision ht was not part of a rest period far 121.471 he said it did not apply since I would have 16 hours before my flight from atl to ZZZ, first officer. I proceeded to report for the following reasons: protect my job, it was not a safety related issue, and I also knew that scheduling had me back on duty at XQ02 at departure time which would have technically made me legal since I could return to duty at XP52. This was brought to my attention from one of my colleagues, since duty starts at departure time and not when we report according to my schedule. In my opinion this is not right and legal. I will be sending a letter to the director of operations with copies to my chief pilot, our safety officer and union executive council, so they can look at the above problem. The letter will contain research of the FARS and interps that I got from the FAA web site.

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Original NASA ASRS Text

Title: PLT OF A320 STATES COMPANY VIOLATED REQUIRED SUPPLEMENTAL REST REQUIREMENTS OF FARS BY SCHEDULING A DEADHEAD SEGMENT THAT DEPARTED 9 MINS AFTER THE END OF HIS REQUIRED 16 HR BREAK.

Narrative: THIS EVENT STARTED WHEN MY FLT ZZZ1 TO PVR WAS DELAYED. I WAS 1 HR 8 MINS LATE FOR DEP. MY OFF DUTY TIME WAS XA53. MY SCHEDULE HAD ME DEADHEADING TO ATL AT XM02 ON ACR Y IN ORDER TO DO A FLT FROM ATL TO ZZZ, FO. WE OPERATE UNDER SUPPLEMENTAL RULES, FLAG AND DOMESTIC. THE FLT TO PVR WAS UNDER SUPPLEMENTAL RULES THAT REQUIRE ME TO HAVE 16 HRS OF REST BEFORE RETURNING TO DUTY IF I WENT OVER 8 HRS OF FLT. THE EARLIEST TIME FOR ME TO BE LEGAL WOULD HAVE BEEN THE FOLLOWING DAY AT XP53 ZZZ1 TIME. MY FLT FROM ATLANTA WAS SCHEDULED TO DEPART AT XQ02 OF THE NEXT DAY. THE COMPANY HAD ME RETURNING TO DUTY AT XQ02. UNDER CURRENT CONDITIONS I WAS LEGAL TO DEPART, BUT THIS IS NOT REALISTIC SINCE I HAVE TO RPT 45 MINS TO 1 HR BEFORE DEP TIME IN ORDER TO GET MY TICKET, GO THROUGH SECURITY AND PROCEED TO THE GATE. THE FOLLOWING WERE EVENTS AND COM THAT I HAD WITH DISPATCH, SCHEDULING AND OUR DIRECTOR OF OPS. AFTER I WENT THROUGH CUSTOMS I CALLED DISPATCH AND ASKED IF HE COULD LEAVE A MESSAGE FOR THE CREW SCHEDULER. MESSAGE: I WOULD BE ILLEGAL FOR NEXT ASSIGNMENT FOR DEADHEADING TO ATL AND FOR HIM TO BOOK ME ON A LATER FLT. I WAS NOT ASKING TO BE TAKEN OFF THE FLT ONLY FOR THEM TO BOOK ME 1 HR LATER. I WAS JUST TRYING TO MAKE SURE EVERYTHING RAN SMOOTH THE NEXT DAY AND THEY HAD AMPLE WARNING TO REBOOK ME. WHEN I WOKE UP THE NEXT DAY I DECIDED TO CALL SCHEDULING. AGENT ANSWERED AND INFORMED ME THAT I WAS LEGAL. I TOLD HIM THAT I HAD TO HAVE 16 HRS OF REST BEFORE I COULD TAKE ANOTHER ASSIGNMENT. HE ASSURED ME THAT THE REG INTENT WAS FOR ME, NOT TO OPERATE A 121 FLT AS A CREW MEMBER AND THAT I WAS LEGAL BECAUSE I WAS JUST DEADHEADING AND THAT WHEN I GOT TO ATL I WOULD HAVE 16 HRS OF REST BEFORE I WAS SCHEDULED TO FLY. I TOLD HIM HE WAS WRONG AND HE ASSURED ME THAT IT WAS DONE THE WEEK BEFORE AND HE WOULD NOT ASK ME TO DO IT, IF IT WAS NOT LEGAL. I DON'T LIKE TO ARGUE WITH SCHEDULERS, SO I ASKED HIM FOR MY CHIEF PLT'S CELL NUMBER TO ADVISE HIM OF THE SIT. HE GAVE ME THE NUMBER OF THE DIRECTOR OF OPS AS WELL. I PLACED 2 CALLS TO CHIEF PLT AND HE DID NOT RETURN THE CALL. I CALLED THE DIRECTOR OF OPS, BUT THE SCHEDULER HAD BEATEN ME TO HIM. HE SAID THAT I WAS LEGAL. I TOLD HIM THAT I WAS ALWAYS TOLD IF THERE WAS A CONFLICT BTWN THE GOM (OPS MANUAL) AND AN FAA REG WE SHOULD ALWAYS GO WITH THE MOST RESTRICTIVE. HE THEN STATED THAT THE FAA WOULD NOT CARE WHAT WAS IN THE GOM AND ONLY CARED ABOUT THE FARS. HE TOLD ME THAT I WAS LEGAL, SINCE I WAS JUST DEADHEADING. I ALSO STATED THAT DECISION HT WAS NOT PART OF A REST PERIOD FAR 121.471 HE SAID IT DID NOT APPLY SINCE I WOULD HAVE 16 HRS BEFORE MY FLT FROM ATL TO ZZZ, FO. I PROCEEDED TO RPT FOR THE FOLLOWING REASONS: PROTECT MY JOB, IT WAS NOT A SAFETY RELATED ISSUE, AND I ALSO KNEW THAT SCHEDULING HAD ME BACK ON DUTY AT XQ02 AT DEP TIME WHICH WOULD HAVE TECHNICALLY MADE ME LEGAL SINCE I COULD RETURN TO DUTY AT XP52. THIS WAS BROUGHT TO MY ATTN FROM ONE OF MY COLLEAGUES, SINCE DUTY STARTS AT DEP TIME AND NOT WHEN WE RPT ACCORDING TO MY SCHEDULE. IN MY OPINION THIS IS NOT RIGHT AND LEGAL. I WILL BE SENDING A LETTER TO THE DIRECTOR OF OPS WITH COPIES TO MY CHIEF PLT, OUR SAFETY OFFICER AND UNION EXECUTIVE COUNCIL, SO THEY CAN LOOK AT THE ABOVE PROB. THE LETTER WILL CONTAIN RESEARCH OF THE FARS AND INTERPS THAT I GOT FROM THE FAA WEB SITE.

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.