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Flight and duty time assignment is questioned by a crew who was asked to return to their original destination after a WX diversion. The total time for their day would be greater than 8 hours.
| Attributes | |
| ACN | 590720 |
| Time | |
| Date | 200308 |
| Day | Thu |
| Local Time Of Day | 1801 To 2400 |
| Place | |
| Locale Reference | airport : clt.airport |
| State Reference | NC |
| Altitude | agl single value : 0 |
| Environment | |
| Light | Night |
| Aircraft 1 | |
| Operator | common carrier : air carrier |
| Make Model Name | EMB ERJ 145 ER&LR |
| Operating Under FAR Part | Part 121 |
| Navigation In Use | other |
| Flight Phase | ground : parked |
| Flight Plan | IFR |
| Person 1 | |
| Affiliation | company : air carrier |
| Function | flight crew : first officer |
| Qualification | pilot : commercial pilot : cfi pilot : multi engine pilot : instrument |
| Experience | flight time last 90 days : 180 flight time total : 3200 flight time type : 1500 |
| ASRS Report | 590720 |
| Person 2 | |
| Affiliation | company : air carrier |
| Function | flight crew : captain oversight : pic |
| Events | |
| Anomaly | inflight encounter : weather non adherence : far other anomaly other |
| Independent Detector | other flight crewa |
| Resolutory Action | none taken : anomaly accepted |
| Supplementary | |
| Problem Areas | Company Flight Crew Human Performance Weather |
| Primary Problem | Company |
Narrative:
The captain and I were scheduled to fly 7.8 hours during a 12.4 hour duty day. On the last leg of the trip from ZZZ1 to clt, WX in clt forced us to divert to gsp after holding for .5 hours. Upon landing in gsp, we realized we had flown 8.8 hours for the day. We called company thinking we would not be legal to fly the leg from gsp to clt, because it was not an originally scheduled flight. Both dispatch and the chief pilot said it was legal for us to fly back to clt because it was our original destination. After that night, I have spoken with many other pilots, all of whom believe the FARS do not allow for the additional far 121 flight above the 8 hour flight time limitation. There is also a safety issue involved. When we finally dutied off in clt, we had flown a total of 10.2 hours during a duty day of 16 hours. We were both fatigued, not only because it was late, but because of the operational demands, ie, WX of the day.
Original NASA ASRS Text
Title: FLT AND DUTY TIME ASSIGNMENT IS QUESTIONED BY A CREW WHO WAS ASKED TO RETURN TO THEIR ORIGINAL DEST AFTER A WX DIVERSION. THE TOTAL TIME FOR THEIR DAY WOULD BE GREATER THAN 8 HRS.
Narrative: THE CAPT AND I WERE SCHEDULED TO FLY 7.8 HRS DURING A 12.4 HR DUTY DAY. ON THE LAST LEG OF THE TRIP FROM ZZZ1 TO CLT, WX IN CLT FORCED US TO DIVERT TO GSP AFTER HOLDING FOR .5 HRS. UPON LNDG IN GSP, WE REALIZED WE HAD FLOWN 8.8 HRS FOR THE DAY. WE CALLED COMPANY THINKING WE WOULD NOT BE LEGAL TO FLY THE LEG FROM GSP TO CLT, BECAUSE IT WAS NOT AN ORIGINALLY SCHEDULED FLT. BOTH DISPATCH AND THE CHIEF PLT SAID IT WAS LEGAL FOR US TO FLY BACK TO CLT BECAUSE IT WAS OUR ORIGINAL DEST. AFTER THAT NIGHT, I HAVE SPOKEN WITH MANY OTHER PLTS, ALL OF WHOM BELIEVE THE FARS DO NOT ALLOW FOR THE ADDITIONAL FAR 121 FLT ABOVE THE 8 HR FLT TIME LIMITATION. THERE IS ALSO A SAFETY ISSUE INVOLVED. WHEN WE FINALLY DUTIED OFF IN CLT, WE HAD FLOWN A TOTAL OF 10.2 HRS DURING A DUTY DAY OF 16 HRS. WE WERE BOTH FATIGUED, NOT ONLY BECAUSE IT WAS LATE, BUT BECAUSE OF THE OPERATIONAL DEMANDS, IE, WX OF THE DAY.
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.