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Msg ID: 2704423 How about a helicopter question for a change. +2/-1     
Author:Late flights.
9/20/2021 6:51:50 PM

My company wants you to take a flight even if it takes you over your 12 hour shift. This I understand but they pressure you pretty hard to take it. You cannot simply turn it down. Am I required to take this flight? Would this considered forced overtime? 



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Msg ID: 2704425 How about a helicopter question for a change. +0/-0     
Author:And
9/20/2021 6:56:49 PM

Reply to: 2704423

I should have said even if you cannot make it back to base within 14 hours.



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Msg ID: 2704427 How about a helicopter question for a change. +0/-0     
Author:If You Are Familiar With The
9/20/2021 7:14:33 PM

Reply to: 2704423

Receiving facilities in your local area, you can estimate the round trip time. If it exceeds your 14 hour max duty day, you should turn it down. There are exceptions. Even a callout within the local area will take 2 hours all said and done. If you are a hard charger, you can get there by 12 and swap out crew there.



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Msg ID: 2704429 It depends +0/-0     
Author:On location
9/20/2021 7:36:45 PM

Reply to: 2704423
My company wants us to take a flight if you can deliver the patient to the receiving hospital within 14 hours duty time. However, we also have an email from our Chief Pilot that days we shouldn't plan to fly until the last minute of of our 14 hours, as if we get stuck somewhere its going to take us at least 30 minutes to secure the ac, figure out accommodations, etc. So now my 14 hours to get the patient to the hospital is cut down to 13.5. If I can drop patient and crew within 13.5 hours that leaves me 30 minutes to get back towards base to swap with the other pilot, or at least get closer and have the oncoming pilot drive to meet me somewhere. If the receiving hospital is further than 30 minutes away the initial request probably didn't come from my area and I was the 2nd or 3rd option, in which case management isn't going to crawl down my throat for turning it down. I know that I'll get stuck someday, and I accept that, but it hasn't happened yet. I'm at a city base and those long, late flights don't come around too often. If you're at a rural base where your patient legs are routinely 1 hour plus you're probably hosed.


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Msg ID: 2704432 How about a helicopter question for a change. +2/-3     
Author:easy answer...
9/20/2021 7:40:52 PM

Reply to: 2704423

How many hours you work is an issue between you and your employer, the FAA doesn't care and the FAR's don't address it.  The regulations limit the amount of time you can spend on duty when such duty involves Part 135 flight.  They also specify how much time must be afforded for rest prior to Part 135 flight duty.

Some certificate holders consider the flight completed when the patient is delivered to the receiving facility.  In that case your planning would involve sufficient time complete the flight to the receiving facility by end of your 14th hour.  What happens next is a matter of company policy reference hotels/crew swap/transportation.  There are no regulatory requirements other than the need for 10 hr rest period prior to your next duty day if it is going to involve Part 135 flight.

To answer your question, if you don't want to work more than 12 hours a day...you might want to work somewhere else.

 



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Msg ID: 2704450 HEMS Part 135.267 Duty Time +2/-1     
Author:Avi8or
9/20/2021 9:54:27 PM

Reply to: 2704432

A helicopter EMS pilot can't exceed 14 hour duty time. See FAA Legal Interpretation Triponey (2018). 



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Msg ID: 2704470 HEMS Part 135.267 Duty Time +2/-2     
Author:thanks for sharing...
9/20/2021 11:15:58 PM

Reply to: 2704450

that's duty time if you're going to engage in Part 135 flight.  Your employer can have to come in have you mow the lawn and wash cars for 16 hrs straight.  Once that flight is complete you can get paid for the next 10 hours as long as it doesn't involve Part 135 flying.

 

Nice try.



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Msg ID: 2704473 HEMS Part 135.267 Duty Time +0/-0     
Author:Your Theory Only Works in Theory
9/20/2021 11:55:20 PM

Reply to: 2704470

In practice, if a company worked you for 16 hours, the next 10 would be rest, and your relief would not leave until 2 hours past his normal relief time, and needing his 10 hour rest. 



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Msg ID: 2704475 HEMS Part 135.267 Duty Time +4/-0     
Author:you are correct...
9/21/2021 12:47:06 AM

Reply to: 2704473

when the company plays this game they lose time on the back end.  If you crew change at the receiving, the time to travel home does not count as duty, however, it does not count as rest.  There is no question that depending on the return travel they will have considerable OOS the next day unless it's your last day. 

That's the cost of business, some companies figure that it's a bird in the hand...you capture a flight and give up a potential flight during your OOS the next day/night.  Probably not a bad bet.



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Msg ID: 2704477 HEMS Part 135.267 Duty Time +0/-0     
Author:Avi8tor
9/21/2021 2:23:32 AM

Reply to: 2704473

True, if your pilot does not work non-scheduled shifts, operating under 135.267(d). However, FAA Legal Interpretations are clear that when a pilot works "regularly assigned duty periods", they operate under 135.267(c) and the terms listed under Triponey apply, which includes a strict limitation on a 14 hour duty period.



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Msg ID: 2704510 HEMS Part 135.267 Duty Time +0/-0     
Author:your GOM will specify
9/21/2021 1:33:35 PM

Reply to: 2704477

which paragraph you operate under.  Follow the GOM guidance.

Discussion over.



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Msg ID: 2704476 HEMS Part 135.267 Duty Time +1/-0     
Author:Avi8tor
9/21/2021 2:19:31 AM

Reply to: 2704470

135.267(c) applies to "regularly scheduled crews" which means the pilot comes to work and leaves at the same time each day during their shift. Triponey specifically addresses HEMS pilots who are scheduled to work regularly assigned duty periods and also specifically states that the 14-hour duty period cannot be exceeded under any circumstances. There are other Legal Interpretations from the FAA that address the limitations of the 14-hour duty limitation for pilots who work regularly assigned duty periods, such as AMC. 



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Msg ID: 2705857 HEMS Part 135.267 Duty Time +0/-0     
Author:Yeah,
10/3/2021 11:30:29 AM

Reply to: 2704470

especially if you have no union or no bahlls.  You own you, you decide, not your employer.  You're hired to fly not be a lackie gopher.  If your employer gets in to chrapppp like that go ask the labor board and so on.  Don't take it.  All that does is continuously set the stage for more aggravation.



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Msg ID: 2704789 HEMS Part 135.267 Duty Time +0/-0     
Author:FAA geek
9/23/2021 6:52:27 PM

Reply to: 2704450

See also SevenBar dated Aug 22 2017.

"as long as responsible palnning is used and expect to finish segments within 14 hours the FAA will not consider it a violation of 135.267(c)"

So do the damn flight.

 



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Msg ID: 2704479 How about a helicopter question for a change. +1/-0     
Author:reg monitor
9/21/2021 3:18:34 AM

Reply to: 2704432

Section 135.267(c) pertains to certificate holders that schedule flight crews on 'regularly
assigned duty periods' of no more than 14 hours.  There are daily flight time limitations (8 hours in 24-hour shift in single pilot HEMS) and there is duty time limitation (14 hours in 24-hour shift) which is the time on the clock, whether flying or not.

Q: Section 135.267(e) states that "when a flight crewmember has exceeded the daily flight
time limitations in this section ... that flight crewmember must have a rest period before
being assigned or accepting an assignment for flight time ... ". Thus, if the flight time
limitation is exceeded for reasons beyond the control of the certificate holder or the flight
crew, then the increased rest provisions of§ 135.267(e) come into effect..."

FAA: For clarification purposes, we stress that§ 135.267(e) is applicable only if the flight time limitations are exceeded. We remind you that, although § 135.267(c) allows for an extension of flight times within a 14-hour maximum duty period, it does not permit the extension of the (14-hour) duty period. An exceedance of the 14-hour duty period constitutes a violation of § 135.267(c). See Legal Interpretation to Mr. Moody, from Lorelei Peter, Assistant Chief Counsel for Regulations(August 22, 2017).

Q: Would a delay during any segment of the sequence of flights that are operated as helicopter air ambulance allow for an exceedance of the regularly scheduled 14-hour duty day (whether or not a flight time limit may be exceeded)?

FAA: If the operation involves a regularly assigned duty period under § 135.267(c), then
the duty period cannot be extended, and the operation cannot be carried out if the delay will
cause the flight crew to operate beyond the maximum 14-hour duty period threshold.

In other words, each flight segment is reassessed throughout the flight operation. If a pilot knows they will exceed their 14 hour duty period before taking off on say, the final segment, it is a violation of the regs to take off and complete that flight segment. See Legal Interpretation to Mr. Triponey, July 10, 2018

 



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Msg ID: 2704508 How about a helicopter question for a change. +0/-0     
Author:no one is talking about
9/21/2021 1:27:25 PM

Reply to: 2704479

exceeding 14 hours duty period.  The question is when/where the duty period ends.  There is no regulatory requirement that says the duty period has to end where it started.  Additionally the duty period ends when the flight ends.  It has nothing to do with hours worked when no Part 135 flight is required... they are not considered rest, but they are not "duty time".



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Msg ID: 2704440 How about a helicopter question for a change. +1/-1     
Author:AMC UNION
9/20/2021 8:58:33 PM

Reply to: 2704423

Has arranged for pilots to NEVER overly your 12 hour shift. Make the change to AMC and get the benefits of the union, bro. 



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Msg ID: 2704441 How about a helicopter question for a change. +1/-0     
Author:I like that advice
9/20/2021 9:01:16 PM

Reply to: 2704440

Thanks bro.



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Msg ID: 2704471 don't forget to thank them when your (NT) +2/-0     
Author:base closes...circling the drain
9/20/2021 11:19:22 PM

Reply to: 2704440


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Msg ID: 2704442 As a troll of the week candidate… +0/-6     
Author:Anonymous
9/20/2021 9:09:49 PM

Reply to: 2704423

...you are weak. 

...But, I'll play: you are never "required" to take a flight. That is what "pilot in command" means. However, in America, your employer can and will terminate you if they think you aren't doing well, or really for any reason, or for no reason. Have a nice day



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Msg ID: 2704449 How about a helicopter question for a change. +2/-0     
Author:Big Richard
9/20/2021 9:48:54 PM

Reply to: 2704423

You must work for MTC?



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Msg ID: 2704464 How about a helicopter question for a change. +0/-0     
Author:No
9/20/2021 10:30:12 PM

Reply to: 2704449

But sometimes I feel like it.



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Msg ID: 2705855 How about a helicopter question for a change. +0/-0     
Author:No
10/3/2021 11:26:06 AM

Reply to: 2704423

such thing as forced overtime.  Are they really pushing or just talking?  Your perception is your reality but that's something to be very careful about.  Good luck.



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