https://www.faa.gov/about/office_org/headquarters_offices/agc/practice_areas/regulations/interpretations/Data/interps/2017/Moody-SevenBar_Aviation_2017_Legal_Interpretation.pdf

Moody-Seven Bar Aviation (2017)

Question 2: Whether a certificate holder is able to operate under§ 135. 267 (c) if its flight crews commence their duty periods at a set time each day, but culminate their flight shifts at different times each day.

Subsection 135.267(c) applies exclusively to regularly assigned duty periods. When operating under§ 135.267(c), the commencement and conclusion of the 14-hour duty day should not vary on a daily basis. See Legal Interpretation to Daniel Berry, from Rebecca B. MacPherson, Assistant Chief Counsel for Regulations (May 22, 2009) and Legal Interpretation to John Barney, from Donald P. Byrne, Assistant Chief Counsel, Regulations and Enforcement Division (Dec 19, 1991) (Confirming that a regularly assigned duty period means a timefrarne where a pilot "comes to work and .. . goes home at the same time every day").

The FAA allows infrequent deviations from a regularly assigned work schedule conducted under§ 135.267(c).  However, "if the pilot's schedule has intermittent periods where the duty time fluctuates from day to day or week to week, the operator is not maintaining a regular work pattern." In such case, the operation should be conducted under§ 135.267(b). Therefore we must stress that if the flight crew's duty time fluctuates on a regular basis, it would not be able to operate under 135.267(c). See Legal Interpretation to Doug Holee, from Donald Byrne, Acting Assistant Chief Counsel, Regulations and Enforcement Division (July 22, 1989).

Applicable to what??? Just quoting FAR??

That's what it's applicable to. That's how OP signed his post. It's as plain as the nose on your face.

Repeat:   CANNOT

https://www.faa.gov/about/office_org/headquarters_offices/agc/practice_areas/regulations/interpretations/Data/interps/2013/New_2013_Legal_Interpretation.pdf

Subsection l35.267(c) contains a set of flight, duty, and rest regulations that are applicable only if, among other things, a flight crewmember's assigned flight time "occurs during a regularly assigned duty period of no more than 14 hours." "A key component of the regularly assigned duty period provision ... is that the start and end time of a 14-hour duty day does not vary from day-to-day."

In previous interpretations, the FAA emphasized that "regularly assigned duty periods are not intended to be implemented for short periods of time". "The FAA stated that it considers "a schedule of at least four weeks a reasonable amount of time to establish a regularly assigned duty period. "

The Legal Interpretation you've cited states that if 135.267(c) doesn't apply, then the operation must operate under 135.267(b). THOSE ARE THE TWO CHOICES. There's no option to operate under 135.267(d).

AMC is trying to circumvent the system by claiming to operate under 135.267(d) in their GOM.

Flight time during a 14 hour duty period.

(c) just specifies rest relief if the hours specified in (b) are exceeded.

(b) and (d) work together to establish rest requirements (not duty limits).   You are limited to 8 hours of FLIGHT TIME per day and it must be planned to be earn where you can show 10 hours of rest in the preceding 24 hours.   You can't plan to fly any flights (under Part 135) after that 14th hour of DUTY, but you can certainly remain on duty beyond 14 hours since (b) and (d) are not duty limitations.

(c) was created to provide an exception to get a higher flight time taking advantage of regular circadian cycles, which is why it restricts the duty under (c) to 14 hours.   You cannot exceed 14 hours of duty under (c) because it will interfere with the body's circidian cycles of rest, which will interfere with flying more than 8 hours.   

Under (c), since you have regurlar duty periods established of no more then 14 hours chronically, the FAA provided an exception to increase your flight time limit from 8 to 10 per day.   Even regional airline jockeys don't fly 8 hours per day normally in airplanes.   Maybe some GOM operations would benefit from (c), but certainly not any HAA operations.

FAR 135.267(c) is an exception to (b) so that certificate holders can use HIGHER flight time limitations if they maintain regurlarly assigned flight schedules.   It increases the daily flight time limitation from 8 hrs to 10 hours.   There is virtually zero chance any HAA operator will get 8 hours of flight time in a 14 hour day.

Even if it did, it is so rare that an HAA operator would be inefficient and ineffective to try and keep a regurlarly scheduled duty day, as defined as not changing your start and finish times for at least 4 weeks straight.   A typical base has 4 pilots, most work a 7/7 schedule CHANGING from days on one 7 day "hitch" to nights on the next "hitch" of 7.   Or, they operate with a 3day-4night/7off (or 4day-3night/7off), or something similar.   IOWs, they CHANGE their duty times REGURLARLY, which does not qualify for (c) authorizations.

Pilots wooudl be restricted from picking up workovers unless they conform to their regular schedule, which is a rare occurance, particulary if its at another base with different start/end times.

HAA Air Carriers simply do not operate under FAR 135.267(c) in practice!

(b) limits you to 8 hrs of flight time in 24 consecutive hours.

Assume you got 8 hrs of flight time ending right at your 14th hour of duty.   You look back 24 hours and see you are within limits.   You go on rest and go home for 10 hours.   When you come back in the morning, can you fly?   Well, if you looked back 24 consecutive hours, you already have 8 hours of flight time on you still.  You cannot fly.

So, they created an exception for those maintaining a regurlarly scheduled duty period.   GOM pilots, for instance, operating under (c), can come back on duty and ignore the 8 hour flight time limit in 24 consecutive hours and fly, provided they were scheduled for no more than  8 hours of flight time for this 14 hour duty period.

(c) is all about flight time, not duty time.   It gives an operator the chance to exceed the 8 hour flight time in 24 consecutive hours limit.

Every 24 hours. You might have to delay your start of flying in the second 24 hour period if the flying you did in the last 24 was at the end of the previous 24, but that doesn't limit you from getting a new 8 hours of flying in the new 24 hour period.

Penalty. The penalty is a longer rest period in between, and it might cut into the flying you can amass in the next 24 hour period.

Ya'll need to switch over to a 121 operator and join a good union.

words pilots can not be on-call with duty time starting when they are notified to report for work.  They must have a regular duty shift rig.  Simple.

but when an operator tries to get around it due to infrequent and unpredictable flying the feds tightened with language of constraint and standby duty and responsibility to report for duty at any time etc. all wrapped in to .267 language.  

The Reg are generally pretty clear and functional just not so when some wanker decides to do an end run via interpretation which is only the province of FAA Legal in DC, and even they get it wrong at times due to their detachment from the field and lack of practical experience and connection to it.

"The Reg are generally pretty clear and functional just not so when some wanker decides to do an end run via interpretation which is only the province of FAA Legal in DC, and even they get it wrong at times due to their detachment from the field and lack of practical experience and connection to it."

 

That's like saying laws are pretty clear except when some wanker decides to go to court and caselaw is created to clarify exactly how the law applies, and the judge gets is wrong due to their detachment from the field...

Legal Interpretations clarify the regs. Simple as that.

And sometimes they get it wrong, just as simple.  Reason regulations go through the NPRM and public comment period.  Over 20 years ago the NPRM concerning helicopter IFR alternate minimums was supported greatly with comments until someone read it and realized it wouldn't work!  Required a Supplemental NPRM which came out a year later.  Better to get it right the first go around rather than make it law and suffer the embarrassment when everyone reads it and realizes whatever is in the offing just won't function.

Duh duh!

the problem.  It is duty, but some employers say it is not - they interpret to their benefit, rather than apply as required.  They know they're wrong, just pushing the envelope, which on review can be very steeply expensive in FAA fines.

the problem.  It is duty, but some employers say it is not - they interpret to their benefit, rather than apply as required.  They know they're wrong, just pushing the envelope, which on review can be very steeply expensive in FAA fines.

FAA Council addressing rest specifies 3 requirements.

Prospective

Continuous

Free from all restraint. If you are obligated to answer a call to duty, or otherwise are on some form of standby, you are on duty.