Unrest Persists over Flight Time and Rest Rules

 - November 21, 2006, 10:11 AM

The FAA has been working for years to revise Part 121 and 135 flight time, duty and rest rules, but it’s still not close to issuing new proposals or final rules. Meanwhile, confusion persists over interpretation of certain aspects of the rules that pertain to Part 135 on-demand operations. Recently, the agency received several requests for an interpretation of FAR 135.263(d) and 135.267(b), (d) and (e). Before issuing its interpretation, the FAA wants to receive public comments on the requestors’ questions, namely whether late-arriving passengers can be considered an “unforeseen circumstance or circumstance beyond the certificate holder’s or crewmember’s control” and whether the rest period under FAR 135.267(d) must be received in a timely manner. Based on comments received, the FAA will decide whether to restate prior interpretations or issue new ones. The agency also plans to reconsider interpretations related to the 14-hour duty day (the docket incorrectly states “14-hour test period”). Comments are due July 10.