Days off from duty

[Krimson]

Looking for interpretation of CARs regarding time free from duty.

700.19 is pretty straight forward for subpart 2; 3 days off in 30 and 13 days off in 90.

This is where I am lost.
To replace the 3 in 30 rule, you require 5 consecutive days off and can work for 42 days straight. But after 27 days on, you require 5 days off. (720.19, below) So how can you ever reach 42 days straight of duty? This is my interpretation, but if someone could enlighten me where I am going wrong, I would appreciate it.

Also, to who's benefit is this regulation? Is it a joint decision by pilot/company, can the pilot or company refuse to extend to 42 consecutive days of duty?

Requirements for Time Free from Duty

700.19 (1) Subject to subsection (2), an air operator shall provide each flight crew member with the following time free from duty:

(a) where the operation is conducted under Subpart 4 or 5 using an aircraft other than a helicopter, one period of at least 36 consecutive hours within each 7 consecutive days or one period of at least 3 consecutive calendar days within each 17 consecutive days;

(b) where the operation is conducted under Subpart 2 or 3 or is conducted using a helicopter, one period of at least 24 consecutive hours 13 times within each 90 consecutive days and 3 times within each 30 consecutive days; and

(c) where the flight crew member is a flight crew member on call, one period of at least 36 consecutive hours within each 7 consecutive days or one period of at least 3 consecutive calendar days within each 17 consecutive days.

(2) An air operator may provide a flight crew member with time free from duty other than as required by paragraphs (1)(a) and (b) if

(a) the time free from duty is authorized in the air operator certificate; and

(b) the air operator and the flight crew member comply with the Commercial Air Service Standards.

(3) An air operator shall notify a flight crew member on call of the commencement and duration of the flight crew member's time free from duty.

720.19 Requirements for Time Free from Duty

The standard for providing a number of rest periods other than as required by subsection 700.19(1) of the Canadian Aviation Regulations is:

(1) Where the flight is conducted under Subpart 2 or 3 of Part VII of the Canadian Aviation Regulations, or with a deHavilland DHC-6 aircraft not conducting a scheduled passenger service or with a helicopter not conducting a scheduled passenger service, or heli-logging, the 24 consecutive hours 3 times within each 30 consecutive days may be replaced by:
(amended 1998/03/23; previous version)

(a) following at least 5 consecutive periods of 24 consecutive hours free from duty, a flight crew member may be assigned duty for up to 42 consecutive days; and
(amended 1998/03/23; previous version)

(b) the flight crew member shall receive at least 5 consecutive periods of 24 consecutive hours free from duty following any assignment that exceeds 27 consecutive days.
(amended 1999/09/01; previous version)

[sky's the limit]

The key word is "following" any assignment over 27 days. Five off prior to 27+, and five off after.

Draconian, But still legal.

[C172Heavy]

The way I read this is as follows:

If you are on duty for 27 consecutive days, it is required that you get 3 off. If you work 28 consecutive days or more, then you are required to have 5 days off. Having said that, I believe to go to 42 days you need Operations Specifications for that. I can't remember the number..

I would say if your company has this ops spec and it's covered in the ground school, then the only way out of working 42 would be to state that you are "fatigued". Of course this may lead to difficulties with management, or the customers, etc.

I am pretty sure this rule would be to the benefit of operators that offer rotations, and to pilots who think days off in the middle of nowhere aren't worth it..

The other option for you would be to contact your TC Ops. Inspector and ask him / her.

[Krimson]

Ah, I see.

So it is possible under 720.19 to have 5 days off, work 42 days, then have 5 days off.
Under 700.19, you could have 3 days off, work 27 days, then 3 days off. But with this you also have the option of spreading out your 3 days.

Thanks guys. I'll be reaching the limit in a few days and just wanted to make sure I had it clarified before exceeding any regs.

[just curious]

You need to be aware of the CARs category you are operating under first.

For example, I work for a 704 operator. I can be scheduled 14 consecutive days, provided I am off for three days before AND after. Or I can be scheduled for 6 days on, AND followed by 36 hours off.

If operating 704 Twin Otter non-scheduled service, I can be scheduled for 42 days continuously. This must be preceeded and followed by 5 straight days free from duty. I require the written authorization of the Chief Pilot to do so. I may be scheduled for this SIX periods per year.

Doing this once in our northern summer is okay. Doing this perhaps twice in the Antarctic summer is okay. Having done this before, I can tell you... You do not want to make a habit of this. I would only do this again if I had matching scheduled time off at an agreed apon date.

In the Pre-CARs days guys on the Beech 18 in Ft Frances used to fly 900 hours in the April-September season. Great cash, multi PIC, and housing, but ask them how alert they felt October 1st.

[Krimson]

Another 2 questions about this topic:

1. During my day off, am I legally allowed to fly? I am at the limit flying 27 of every 30 days, but would like to rent an aircraft to take up a family member on my day off. Am I required to have time off from duty as in not flying, or just time away from my job?

2. Working for a 702 op, I can fly 150 hours per every 30 days opposed to the standard 120. I am sitting somewhere between 140 and 150, but if I rented an aircraft, it would not fall under 702 work. Am I then bound to 120 hours/30 days and can not fly on the side; or do these numbers not affect private operations?

[Krimson]

Anyone know?
I am planning to use this upcoming Tuesday which is a CARs forced day off, but to fly for fun privately.

[just curious]

The minute you report for work, you are required to be fit for work and to meet the CARs requirements. If you are given a day off in order to reduce your fatigue, and you fly anyway, you are not meeting the rest requirements.
Those pesky rules are there for your protection. You may not get caught breaking them, but ignoring rules regarding rest have a higher cost than mere fines.

[Stallspin]

.

[aileron]

I believe this is a bit gray, and there is no specific guidance or circulars advising "flight time" restrictions, but I do not think you would violate your total flight if you flew privately on the side.

The reason for my belief is that the cars only specifically state "flight crew members" in the act of remuneration (ie 702/3/4/5) and that the total time limitations while acting as a flight crew member, not as a pilot in general.

[just curious]

Since I don't know you, let's just say that I hope you don't work for certain Alberta -based 704 operator. Time in the sky, helo, Cessna or Concorde... TC doesn't specify, they just mention flight time.

[Pratt X 3]

Flight Time Limitations

700.15 (1) Subject to subsection (2), no air operator shall assign a flight crew member for flight time, and no flight crew member shall accept such an assignment, if the flight crew member's total flight time in all flights conducted by the flight crew member will, as a result, exceed

(a) 1,200 hours in any 365 consecutive days;

(b) 300 hours in any 90 consecutive days;

(c) 120 hours in any 30 consecutive days or, in the case of a flight crew member on call, 100 hours in any 30 consecutive days;

(d) where the flight is conducted under Subpart 4 or 5 using an aircraft other than a helicopter, 40 hours in any 7 consecutive days;

(e) where the flight is conducted under Subpart 2 or 3, or is conducted using a helicopter, 60 hours in any 7 consecutive days; or

(f) where the flight crew member conducts single-pilot IFR flights, 8 hours in any 24 consecutive hours.

(2) An air operator may assign a flight crew member for flight time, and a flight crew member may accept such an assignment, where the flight crew member's flight time will, as a result, exceed the flight time referred to in subsection (1) if

(a) the increase in flight time is authorized in the air operator's air operator certificate; and

(b) the air operator and the flight crew member comply with the Commercial Air Service Standards.

(3) Subject to Section 700.17, a flight crew member who reaches a flight time limitation established by this Section is deemed to be fatigued and shall not continue on flight duty or be reassigned to flight duty until such time as the flight crew member has had the rest period required by Section 700.16 or 700.19.

http://www.tc.gc.ca/eng/civilaviation/r ... htm#700_15

[aileron]

Since I don't know you, let's just say that I hope you don't work for certain Alberta -based 704 operator. Time in the sky, helo, Cessna or Concorde... TC doesn't specify, they just mention flight time.

LOL!

No worries there JC, I'm not at Borek!

Having said the above, I am not in the practice of over-exerting flight time totals, where I am leaves me at the end of pairings enjoying my time off and that doesn't include the constant drone of a reciprocating engine covering only 100 miles an hour! Not that I wouldn't enjoy going on some nice x-countries with the family, there just isn't enough cash left over in the wallet to do so... The concord, now that is a great idea!

As Pratt X3 highlighted, the reference is specifically to flight crew members... Now whether that applies to your own private flying time I would defer that to the ivory tower in Ottawa... Anyone from TC care to elaborate?

[Krimson]

...
http://www.tc.gc.ca/eng/civilaviation/r ... htm#700_15

Taken from a circular: http://www.tc.gc.ca/eng/civilaviation/s ... 4-1631.htm

For Air Taxi or Aerial Work operations, or with a deHavilland DHC-6 aircraft not conducting a scheduled passenger service, or with a helicopter not conducting a scheduled passenger service or logging operations, for up to 180 consecutive days within a 12 consecutive month period, the 30 and 90 consecutive day flight times outlined above may be replaced by:

(a) 150 hours in any 30 consecutive days and 450 hours in any 90 consecutive days in all flying;

(b) after 120 hours within any 30 consecutive days or 300 hours within any 90 consecutive days has been achieved, the maximum flight time shall not exceed 8 hours in any 24 hours; and

(c) the accumulated 30 and 90 consecutive day flight times may be reset to zero when the flight crew member is provided with at least 7 consecutive days free from all duty but in no case shall exceed more than 900 hours in all flying.

For logging operations conducted using a helicopter, the flight time limits outlined above may be replaced by:

(a) 1200 hours in any 365 consecutive days;

(b) 150 hours in any 30 consecutive days for helicopters operated by two pilots; and

(c) 120 hours in any 30 consecutive days for single-pilot helicopters.

Since I am conducting aerial work, 120 hours gets pushed up to 150 under this circular. Being at 140, I have another 10 hours I can legally fly in the time period.
Since 120hours is the limit for non-702 work, would I still be able to apply those 10hours credit to flying privately? If I started the 30 days with the 10hours flying around for fun and then worked 140 hours afterwards, I don't see the issue since the 10 of 120 is fine and 150 of 150 is fine, but does it work the other way around?

On another note, TC definition of a Flight crew member:

Flight Crew Member (ref. CARs) — A crew member assigned to act as a pilot or flight engineer of an aircraft during flight time.

It doesn't really help, as flying privately you are not "assigned" to act as a pilot. You are choosing, which would make me believe you could pretty much do anything you want if you are flying privately (except break flight limitations: )

The maximum flight time limits in all flying are:

1200 hours in any 365 consecutive days;
300 hours in any 90 consecutive days;
120 hours in any 30 consecutive days;
60 hours in any 7 consecutive days; and
8 hours in any 24 consecutive hours for single-pilot IFR operations.

[ahramin]

Just to reinforce what others have already said:

1. Your time flying privately does not affect duty day or day off limits. A day off flying your airplane is the same as a day off water skiing.

2. Your time flying privately counts towards your total hours. If you limit is 120 hours in 30 days, and you start the 30 days with 10 hours of private flying, you are now down to 110 hours left for work.

However, if you fly 120 hours in 27 days, and then have three days off you can fly as much as you want in those three days without affecting what happened before. You are not limited to how many hours you can fly when you are flying privately. It's when you come back to work that the hours flown before have an impact.

[Pratt X 3]

Krimson, be sure that your company has the Ops Spec (not sure which number it is) to increase the flight time limits. Anytime you see

...is authorized in the air operator's air operator certificate; and
(b) the air operator and the flight crew member comply with the Commercial Air Service Standards.

you need to refer to the standard (720.15 in this case) and the corresponding Ops Spec. The Advisory Circular is just a guide written in plain language, not the actual exception.

[Krimson]

Thanks everyone.
Pratt X 3, the 702 extended time limits are in my company's ops manual.