Prior to the advent of FAR 117, the FAA held airlines primarily responsible for violations of its scheduling rules. In theory, the pilots also were accountable for what happened, but the FAA was well aware that airlines—especially smaller commuters and regionals—would lie, cheat, and steal to get their flights completed.
Further, the airlines had computers that were supposedly infallible, and when problems were occasionally found, it was because the airlines had created the problems. Because most airlines record conversations between pilots and schedulers, it usually didn’t take much to catch the airlines in the act—especially when the incriminating tapes would suddenly go missing, which they too often did.
FAR 117, however, has changed things. Now pilots are held to a much higher standard—but so are the airlines. The problem is that FAR 117 was supposed to make things simpler, and that wasn’t always the case. A series of tables was produced for both augmented and unaugmented flights, and the maximum hours on duty and hours flown was supposed to be as simple as using a table to get the magic number. The rules varied some for reserves, but even those rules were supposed to be easier to understand.
Unfortunately, there have been a lot of valid questions and concerns brought up over the years that required some interpretations from the FAA. Questions have been posed by the unions, the airlines, and individual pilots. The result was a lot of confusion. Most of that confusion has been eliminated, but some is still there.
I had a recent example of an easy mistake that could have led to a violation. My initial report time was changed because of a flight cancellation. My new flight left later, but it also ran late because of late-arriving passengers and a traffic jam at the runway. My next leg was a transcontinental flight, which created a problem. Even though the initial early report time was changed, the start of my duty time remained the same, because a phone call to me prior would have triggered a mandatory new rest period, so I was notified with an email that I got when I woke up.
I didn’t put all of the pieces together until we got ready to do the transcon and the gate agents were trying to get us airborne. Because of the confusion, we called the company to get a clarification. Fortunately, I could agree to an extension of my duty time, which I did in the interest of not stranding a jetload of passengers.
But, had we just assumed that we knew better and taken off, I would have been in violation of 117, and unlike the old days, the FAA would have come after me, possibly for certificate action. But under 117, both sides are equally responsible, and both are vested in getting it right. All of our Ts were crossed and our Is were dotted.
If you move into the 117 world, there are a number of resources you can use to ensure compliance with the rules, including some FAQs that have been compiled based on FAA interpretation and real-world experience. There are also apps for your phone. Know what your resources are, but more important, don’t be afraid to make some phone calls if you’re in doubt. Once you know you’re legal to operate, then—and only then—can you go. There is often more to the table than meets the eye.—Chip Wright