Recently I wrote in this column about the importance of record keeping in pilot logbooks. A recent experience representing a Part 135 jet charter pilot confirms the importance of careful record keeping not only in a logbook, but in all records which may come under the scrutiny of a watchful FAA inspector. In his case, the FAA determined through a routine inspection that on two flights he violated the provisions of FAR 135.265, and acted carelessly and recklessly in so doing. A 60-day suspension was to be the penalty. While on its face, the record did appear to show violations, in actuality there was none. The problem resulted from incorrect and ambiguous record keeping, that could be explained. Had time and effort been put into precise and correct logging at the inception, the certificate action would never have occurred.
   During my negotiations with the FAA concerning the alleged rest period and duty violations, it became clear that FAA representatives and attorneys often have a difficult time in understanding the complexities and nuances of duty and rest requirements associated with Part 121 and 135 operations. When my client explained the situation, I had a difficult time myself understanding what was being complained of, and what actually occurred. To simplify matters, I asked that he draw out a time line to carefully explain when his duty time started, when it ended, the rest periods before and after, and the flights in-between. We then went to an informal conference with the FAA attorney and complaining FSDO inspector, and tried to convince them what actually occurred was incorrect record keeping, and not a violation of duty time requirements warranting their sought after 60-day suspension. However, once an inspector sets his or her mind on the fact that a violation occurred, it is very difficult to change it!
   In this case, the pilot had flown his company's aircraft on Part 91 missions, not associated with work, but notations were made in the official records which made it appear that the Part 91 flights were Part 135 flights. Because of incorrect notations in the company logs, there appeared to be two instances of small rest period infractions. When the inspector did a routine check of the records, the investigation into the alleged violations by this pilot and his co-pilot commenced. While the "overtime" was small, a matter of only 15 minutes, FAA inspectors are precise, and can care little if the discrepancy is only a minute. Regulations are regulations, and they are not to be thwarted.
   The lesson learned in this case was that keeping accurate and proper records is essential to maintaining a violation free career. This pilot was fortunate in that he maintained separate contemporaneous records which prove his case, i.e., that he did not violate duty time regulations. But had he made certain the company logs were accurate to begin with, and that there was no ambiguity as to rest and duty periods, the encounter with the FAA would never have occurred. Nonetheless, there were lessons to be learned from the experience, not to mention fertile grounds for this article.
   In looking into the duty/rest issue, it is clear there is considerable confusion into when a violation can occur. To assist readers, I have included hereafter some of the important regulations concerning Part 121 and 135 duty and rest period requirements. Readers are cautioned to refer to the most recent updates to the laws in order to be abreast of changes. I shall also address a few of the multitude of FAA Interpretations concerning these rules. Many pilots and operators have posed questions to the FAA concerning duty and rest requirements, and the FAA provides written and published interpretations of the laws which are published and available for review.
   The underlying rationale of the FAA in its interpretations of rest is as follows:

"While particular rest provisions may vary between parts of the FAR, the basic definition of rest used by the agency remains the same. The basic characteristics of rest are:
It is relief from actual work for the air carrier, or present responsibility for such should the occasion arise,
It is determined prospectively,
It is a continuous period of time."
(Interpretation 1992-47)

"In your letter you state that some carriers now assign crewmembers codomiciles which may be located in two different cities and can be a considerable distance apart. As an example, you state that some carriers dispatch crewmembers from Washington Dulles International Airport and terminate them at Baltimore-Washington International Airport. You point out that the crewmembers must then travel back to Washington Dulles International Airport, their originating domicile, to retrieve their automobile. Travel time between these codomiciles may at times exceed one hour. You ask whether the time spent from the terminating codomicile may be considered rest?"

"It is reasonable to assume that crewmembers dispatched from one codomiciled airport might terminate at the other. The very nature of codomicile airports lends itself to such operations. As such, we believe it is reasonable for transportation between codomicile airports such as Baltimore-Washington International Airport and Washington Dulles International Airport to be considered 'local in character.' Thus, under your facts, ground transportation between codomicile airports could not be considered deadheading and therefore could be considered rest."

"The FAA has consistently interpreted delays due to weather, ATC, and mechanical delays as examples of circumstances beyond the control of the certificate holder under FAR 135.263(d). A correct interpretation of the flight time limitations under FAR 135.265, together with the flexibility of FAR 135.263(d), results in a requirement to add a flight crewmember's actual flight time accumulated in the previous days to the flight time scheduled to be flown for the particular day that is under review. If the total flight time, actual plus scheduled, is not in excess of the limitations under FAR 135.265, then the flight crewmember may complete all flight segments for that day."

"Lastly, we point out that in the course of a day's scheduled events, delays due to adverse weather conditions, ATC, or unscheduled maintenance, may cause a flight crewmember to become significantly fatigued. If the state of fatigue would endanger or potentially endanger the life or property of other persons, then the certificate holder should relieve the flight crewmember from further duty aloft. In this respect, note the provisions of FAR 91.13 entitled 'Careless or Reckless Operation.'"

1. No certificate holder conducting domestic operations may schedule any flight crewmember and no flight crewmember may accept an assignment for flight time in scheduled air transportation or in other commercial flying if that crewmember's total flight time in all commercial flying will exceed -
1. 1,000 hours in any calendar year;
2. 100 hours in any calendar month;
3. 30 hours in any 7 consecutive days;
4. 8 hours between required rest periods.
2. Except as provided in paragraph (c) of this section, no certificate holder conducting domestic operations may schedule a flight crewmember and no flight crewmember may accept an assignment for flight time during the 24 consecutive hours preceding the scheduled completion of any flight segment without a scheduled rest period during that 24 hours of at least the following:
1. 9 consecutive hours of rest for less than 8 hours of scheduled flight time.
2. 10 consecutive hours of rest for 8 or more but less than 9 hours of scheduled flight time.
3. 11 consecutive hours of rest for 9 or more hours of scheduled flight time.
3. An certificate holder may schedule a flight crewmember for less than the rest required in paragraph (b) of this section or may reduce a scheduled rest under the following conditions:
1. A rest required under paragraph (b)(1) of this section may be scheduled for or reduced to a minimum of 8 hours if the flight crewmember is given a rest period of at least 10 hours that must begin no later than 24 hours after the commencement of the reduced rest period.
2. A rest required under paragraph (b)(2) of this section may be scheduled for or reduced to a minimum of 8 hours if the flight crewmember is given a rest period of at least 11 hours that must begin no later than 24 hours after the commencement of the reduced rest period.
3. A rest required under paragraph (b)(3) of this section may be scheduled for or reduced to a minimum of 9 hours if the flight crewmember is given a rest period of at least 12 hours that must begin no later than 24 hours after the commencement of the reduced rest period.
4. No certificate holder may assign, nor may any flight crewmember perform any flight time with the certificate holder unless the flight crewmember has had at least the minimum rest required under this paragraph.
4. Each certificate holder conducting domestic operations shall relieve each flight crewmember engaged in scheduled air transportation from all further duty for at least 24 consecutive hours during any 7 consecutive days.
5. No certificate holder conducting domestic operations may assign any flight crewmember and no flight crewmember may accept assignment to any duty with the air carrier during any required rest period.
6. Time spent in transportation, not local in character, that an certificate holder requires of a flight crewmember and provides to transport the crewmember to an airport at which he is to serve on a flight as a crewmember, or from an airport at which he was relieved from duty to return to his home station, is not considered part of a rest period.
7. A flight crewmember is not considered to be scheduled for flight time in excess of flight time limitations if the flights to which he is assigned are scheduled and normally terminate within the limitations, but due to circumstances beyond the control of the certificate holder (such as adverse weather conditions), are not at the time of departure expected to reach their destination within the scheduled time.

1. A certificate holder conducting flag operations may schedule a pilot to fly in an airplane that has a crew of one or two pilots for eight hours or less during any 24 consecutive hours without a rest period during these eight hours.
2. If a certificate holder conducting flag operations schedules a pilot to fly more than eight hours during any 24 consecutive hours, it shall give him an intervening rest period, at or before the end of eight scheduled hours of flight duty. This rest period must be at least twice the number of hours flown since the preceding rest period, but not less than eight hours. The certificate holder shall relieve that pilot of all duty with it during that rest period.
3. Each pilot who has flown more than eight hours during 24 consecutive hours must be given at least 18 hours of rest before being assigned to any duty with the certificate holder.
4. No pilot may fly more than 32 hours during any seven consecutive days, and each pilot must be relieved from all duty for at least 24 consecutive hours at least once during any seven consecutive days.
5. No pilot may fly as a member of a crew more than 100 hours during any one calendar month.
6. No pilot may fly as a member of a crew more than 1,000 hours during any 12 calendar month period.

1. A certificate holder may assign a flight crewmember and a flight crewmember may accept an assignment for flight time only when the applicable requirements of §§ 135.263 through 135.271 are met.
2. No certificate holder may assign any flight crewmember to any duty with the certificate holder during any required rest period.
3. Time spent in transportation, not local in character, that a certificate holder requires of a flight crewmember and provides to transport the crewmember to an airport at which he is to serve on a flight as a crewmember, or from an airport at which he was relieved from duty to return to his home station, is not considered part of a rest period.
4. A flight crewmember is not considered to be assigned flight time in excess of flight time limitations if the flights to which he is assigned normally terminate within the limitations, but due to circumstances beyond the control of the certificate holder or flight crewmember (such as adverse weather conditions), are not at the time of departure expected to reach their destination within the planned flight time.

1. No certificate holder may schedule any flight crewmember, and no flight crewmember may accept an assignment, for flight time in scheduled operations or in other commercial flying if that crewmember's total flight time in all commercial flying will exceed -
1. 1,200 hours in any calendar year.
2. 120 hours in any calendar month.
3. 34 hours in any 7 consecutive days.
4. 8 hours during any 24 consecutive hours for a flight crew consisting of one pilot.
5. 8 hours between required rest periods for a flight crew consisting of two pilots qualified under this part for the operation being conducted.
2. Except as provided in paragraph (c) of this section, no certificate holder may schedule a flight crewmember, and no flight crewmember may accept an assignment, for flight time during the 24 consecutive hours preceding the scheduled completion of any flight segment without a scheduled rest period during that 24 hours of at least the following:
1. 9 consecutive hours of rest for less than 8 hours of scheduled flight time.
2. 10 consecutive hours of rest for 8 or more but less than 9 hours of scheduled flight time.
3. 11 consecutive hours of rest for 9 or more hours of scheduled flight time.
3. A certificate holder may schedule a flight crewmember for less than the rest required in paragraph (b) of this section or may reduce a scheduled rest under the following conditions:
1. A rest required under paragraph (b)(1) of this section may be scheduled for or reduced to a minimum of 8 hours if the flight crewmember is given a rest period of at least 10 hours that must begin no later than 24 hours after the commencement of the reduced rest period.
2. A rest required under paragraph (b)(2) of this section may be scheduled for or reduced to a minimum of 8 hours if the flight crewmember is given a rest period of at least 11 hours that must begin no later than 24 hours after the commencement of the reduced rest period.
3. A rest required under paragraph (b)(3) of this section may be scheduled for or reduced to a minimum of 9 hours if the flight crewmember is given a rest period of at least 12 hours that must begin no later than 24 hours after the commencement of the reduced rest period.
4. Each certificate holder shall relieve each flight crewmember engaged in scheduled air transportation from all further duty for at least 24 consecutive hours during any 7 consecutive days.

1. No certificate holder may assign any flight crewmember, and no flight crewmember may accept an assignment, for flight time as a member of a one or two pilot crew if that crewmember's total flight time in all commercial flying will exceed -
1. 500 hours in any calendar quarter.
2. 800 hours in any two consecutive calendar quarters.
3. 1,400 hours in any calendar year.
2. Except as provided in paragraph (c) of this section, during any 24 consecutive hours the total flight time of the assigned flight when added to any other commercial flying by that flight crewmember may not exceed -
1. 8 hours for a flight crew consisting of one pilot; or
2. 10 hours for a flight crew consisting of two pilots qualified under this Part for the operation being conducted.
3. A flight crewmember's flight time may exceed the flight time limits of paragraph (b) of this section if the assigned flight time occurs during a regularly assigned duty period of no more than 14 hours and -
1. If this duty period is immediately preceded by and followed by a required rest period of at least 10 consecutive hours of rest;
2. If flight time is assigned during this period, that total flight time when added to any other commercial flying by the flight crewmember may not exceed -
1. 8 hours for a flight crew consisting of one pilot; or
2. 10 hours for a flight crew consisting of two pilots; and
3. If the combined duty and rest periods equal 24 hours.
4. Each assignment under paragraph (b) of this section must provide for at least 10 consecutive hours of rest during the 24 hour period that precedes the planned completion time of the assignment.
5. When a flight crewmember has exceeded the daily flight time limitations in this section, because of circumstances beyond the control of the certificate holder or flight crewmember (such as adverse weather conditions), that flight crewmember must have a rest period before being assigned or accepting an assignment for flight time of at least -
1. 11 consecutive hours of rest if the flight time limitation is exceeded by not more than 30 minutes;
2. 12 consecutive hours of rest if the flight time limitation is exceeded by more than 30 minutes, but not more than 60 minutes; and
3. 16 consecutive hours of rest if the flight time limitation is exceeded by more than 60 minutes.
6. The certificate holder must provide each flight crewmember at least 13 rest periods of at least 24 consecutive hours each in each calendar quarter.