Flight & Duty Regulations 

Febuary 2, 2018

By - Kalan Foster 

Part 117

The Colgan accident raised many questions and concerns regarding the current state of the airline industry and its approach to safety. The FAA oversaw enforcing and promoting safety, but they failed the aviation community and the public in this regard. If safety was their top priority this accident and the new unnecessary legislation could have been avoided. 

According to AC No: 117-3:

Regulatory Obligation - "Each flightcrew member must report for any FDP fit for duty, which includes being properly rested and prepared to perform his or her assigned duties. Fitness for duty is a joint responsibility between the air carrier and the flightcrew member. Part 117 imposes regulatory obligations on both air carriers and flightcrew members regarding fitness for duty. The joint responsibility is established in § 117.5(b), which requires that no certificate holder may assign and no flightcrew member may accept an assignment to a FDP if the flightcrew member has reported for a FDP too fatigued to safely perform his or her assigned duties". (AC 117)

Hours of Rest and Sleep -  "Managing rest and sleep opportunities are essential for reducing the risk of being unfit for duty due to fatigue. A joint responsibility is again placed on the air carrier and the flightcrew member in § 117.25(e)(f), which prescribes that no flightcrew member may accept an assignment for any reserve or FDP unless that flightcrew member is given a rest period of at least 10 consecutive hours immediately before beginning the reserve or FDP measured from the time the flightcrew member is released from duty. The 10-hour rest period must provide the flightcrew member with an opportunity of a minimum of 8 hours of uninterrupted sleep. If the flightcrew member determines that the rest period will not provide an opportunity of 8 uninterrupted hours of sleep, that flightcrew member must notify the certificate holder. The flightcrew member cannot report for the assigned FDP until he or she receives a minimum of 8 hours of uninterrupted sleep opportunity". (AC 117)

- The maximum flight per day shift is 9 hours and 8 hours per night shift. 

*Note - Previously the legislation required 9 hours of rest, which has the potential to be equal o or less than 8 hours depending on the needs of the business. 

Part 117 does not apply to 14 CFR Part 291. Cargo carriers are encouraged to comply with part 117 standards and procedures, but they are not required. The standard for cargo operations have not changed post the Colgan accident. 

Cargo carriers are exempt from part 117 due to the catastrophic financial toll these rules and regulations can take on the aviation industry in general. These rules and regulations could cripple the cargo industry and the consequences could potentially bleed over into other industries, collapsing the market and reducing the amount resources available in the United States. I understand the backlash from both cargo operators and pilots. The pilots feel as though they deserve more rest because of the increased stress and difficulty of flying at night. The cargo operators don't want to adapt the new rules because it would cost the industry about 300 million dollars. If the new regulations were adopted cargo pilots would fly less and make less money (cargo rest/duty periods).

For the reasons previously stated, I believe cargo operators should remain exempt from the new rules. As an airport manager the regulations would increase the stress and workload of everyone, and it could ruin startup companies and decrease growth industry wide. If pilots continue to pressure the FAA to force the industry to adopt these standards, this would cause the pilot shortage to increase, and it collapse new businesses. 

Refrences 

“117-3.” Advisory Circular Part 117, www.faa.gov/documentLibrary/media/Advisory_Circular/AC%20117-3.pdf.

“Cargo Rest/Duty Periods .” Flight Time/Duty Time for Air Cargo, www.alpa.org/alpa/DesktopModules/ViewAnnDocument.aspx?DocumentID=5524.