
US FAA on Friday issued its long-awaited Notice of Proposed Rulemaking on pilot flight time, duty and rest requirements, setting the stage for the likely adoption of new regulations that call for flight deck crew at US airlines to get more rest time and spend fewer hours on duty.
The NPRM explicitly states that Part 121 airlines and pilots will have "joint responsibility…for making sure flight crew members are working a reasonable number of hours, getting sufficient sleep and not reporting for flight duty in an unsafe condition…Today's proposal is drafted in a manner that directly imposes the regulatory obligations on both the certificate holders and the flight crew members." FAA Administrator Randy Babbitt said the rule "puts that responsibility with equal weight on the carrier."
Under the proposed rule, pilots would be required to have "9 hours for the opportunity to rest" before reporting for flight duty, and the clock would not start ticking until he or she is "behind closed doors" in a hotel or other designated rest place, Babbitt said at a Washington press conference. Regulations currently require flight crew members to have a minimum of 8 hr. of rest time between flight duty periods. However, the rules do not define rest time, meaning that transit time from an airport to a hotel may count as rest time.
"If it takes 2 hours to get to the hotel, you still get 9 hours," he emphasized last week. The NPRM states, "Accordingly, time spent commuting, either locally or long distance, is not considered rest, and a certificate holder will need to consider the commuting times required by individual flight crew members to ensure they can reach their home base while still receiving the required opportunity for rest."
Between rest periods, pilots' maximum duty time would be lowered from 16 hr. currently to 13 hr., "which could slide to 9 hours at night," according to FAA.
Rest requirement distinctions made for international and domestic flying would be eliminated by the proposed rule. The NPRM increases the minimum number of consecutive hours a pilot must be "free from all duty" from 24 per week currently to 30. It also proposes a limit of 100 hr. of flight time in any 28-day period compared to the current limit of 100 hr. per every 30 days. Additionally, the limit of 1,000 hr. of total flight time per year would be extended from domestic flights to all flights.
The proposed rule further mandates that pilots would be able to decline to report for duty owing to fatigue at any time without fear of punitive action. Babbitt noted that while many US airlines' pilot labor contracts include provisions along these lines, he said it was important to protect pilots via federal regulation. "If you're fatigued, you shouldn't fly," Babbitt said.
US Transportation Secretary Ray LaHood said the impetus behind the NPRM was the February 2009 Colgan Air Q400 crash outside Buffalo that killed 50, which he described as his "worst day on the job." He said the "lion's share of the credit for moving" forward with the proposed rule belongs to the crash victims' families. "They have been very strong advocates for what we're proposing here," he explained.
LaHood and Babbitt encouraged feedback during the NPRM's 60-day public comment period. But Babbitt said airlines "weighed in" as the rule was being developed and "most of this was agreed to consensually." FAA pegged the total estimated cost of the proposed rule at $1.25 billion for 2013-2022. The administrator conceded that the 145-page NPRM is "incredibly complicated" and will require airlines to step up their recordkeeping regarding pilot duty time. He said the rule's costs are "what you pay…for a safer environment."
The US Air Transport Assn. said in a statement that it "has long been on record in support of pilot-rest and fatigue-management rules that are science-based, effective and crafted to truly improve safety. We will be evaluating the FAA pilot-fatigue rule against that standard and will be guided accordingly."
Babbitt said the NPRM carefully takes into consideration a raft of data on sleeping and fatigue. "This is a long time coming," he commented. "What this rule is based on is hard science and I think that's what was missing in the past."
FAA must also now develop a new rule to govern Part 121 pilot certification standards (ATW Daily News, Aug. 2).
Discuss this news 49
And what about personnel
By AnonymousAnd what about personnel responsibility? Existing rules and regulations require crew members to show up fit and able for work. From what I've read so far, this looks like "someone" is trying to require the airlines to pay for commuters accommodations. And the reason for the NPRM, because pilots did not follow the rules. This NPRM should be oriented towards pilots, not the airlines.
Maybe if the airlines paid
By AnonymousMaybe if the airlines paid their pilots enough to live in the locations they are based, like new York where the colgan pilots were based, then maybe pilots wouldn't have to commute and the airlines wouldnt have to "pay" for pilots commuting Also, typically, airlines don't pay their employees for relocation and the airlines, mostly regionals, open and close bases all the time. This causes pilots to not be able to afford to move to a new area.
These rules came about
By VeteranFlyerThese rules came about because big business (the airlines, in this case) didn't follow common sense procedures. I worked for a number of years at a "regional" airline that scheduled "reduced rest" into normal lines of flying. Because transit to/from the airport was considered rest (laughable), the most sleep anyone could hope to get would be about 6 hours. That was after a normal 14 hour duty day, which could be extended to 16, and IF a person could go right to sleep after getting in. Pilots regularly fell asleep in the cockpit but the company didn't care. Their response was always "it's legal, and it's by the contract." (I heard that often at my regional airline, the parent company of the airline that is responsible for this change of policy after their Buffalo, NY crash.) The FAA has always been in bed with the airlines. Hopefully things are about to change (not to penalize the airlines but to ensure safety is a priority over profit). Most passengers are completely unaware when they purchase their $700 tickets on a "legacy" airline that their "regional jets" are being flown by less experienced pilots who are likely not getting proper rest (stand up overnights with less than 5 hours on the ground are common).
It is important to remember
By AnonymousIt is important to remember airlines have opened and closed pilot bases with increased frequency. Blaming these changes on fluctuating economics has created the "commuter" pilot group that has always existed. Pilots sacrifice their time in commuting for family sţabiliity and cost of living.
If the airline is forced to
By Knows betterIf the airline is forced to consider a pilot's time to commute to work they may finally start to give serious consideration to opening, closing, and restaffing domiciles on a whim.
There is no industry in existence that gets away with forcing people to relocate all over the globe without a moments notice or a penny compensation. Its about time airline management begins to compensate for decades of poor decision making that constantly uproots families and relationships.
The proposed rules are a good
By DallasflyguyThe proposed rules are a good first step towards safer flying. There is one area that has not been fully addressed which is commuters. The new rules must hold crew accountable as well so that we don't have pilots commuting on Red-Eye flights and then reporting to work for a full day without proper rest. Although I agree that newer pilots tend to commute out of economic need there are still many that commute long distances strictly by choice. Therefore, the new rule should reflect for commute time PLUS first day of flying not to exceed the prescribed flight duty period otherwise a minimum rest period between commute and start of duty should be required.
I hope that the FAA also look
By AnonymousI hope that the FAA also look at Airline Engineers rest period also .
Millions of people live and
By AnonymousMillions of people live and work in the greater New York area. I would dare say quite a few of them make less than the crewmembers at Colgan. How do you determine the salary level to "allow" someone to live in New York. Should they be paid enough to live in a penthouse at the Dakota? Do you force them to live in New York? Good luck with that.
So commuters are the bad
By AnonymousSo commuters are the bad guys? Who/how do we ensure in domicile guys get proper rest?
The answer: professional and personal responsibility, not knee jerk rule changes.
Commuting used to be a
By AnonymousCommuting used to be a privilege, now it's a necessity for the majority of pilots. Most pilots are grossly underpaid and have no choice but to commute. Pilot's paychecks do not account for the outrageous cost of living in certain bases. For example a Continental Express First officer that earns less than 20K a year, gets the same paycheck whether he is based in Houston or Newark.
The FAA won't address the commuting issue, because major airlines don't want this to change. They don't want to have to raise pilot's pay.
I have a feeling that
By AnonymousI have a feeling that management will quickly play "cry baby" and say that they can't afford the added cost, then attempt to renegotiate lower wages. Many pilots will likely be forced to fly at minimum credit and at regional FO turboprop salaries this will make it even harder to survive in places like NYC. With this rule making, there should be a professional standard with pay as well. No airline pilot should make less than $40,000 and there needs to be COLA factored in places like NYC and DC.
It is far too restrictive and
By AnonymousIt is far too restrictive and biassed to one side. The airlines are now forced to pay for the pilots rest period too. The problem today is that even if the pilots are given rest time, they do not use it rationally. When they in fact report for work ( I hate to say this) some of the pilots look tired and totally unprepared.
What an interesting topic!
By pgwroxWhat an interesting topic! There are two types of commuters: those who are forced to commute, i.e. low pay, base closure, etc... and those who decide to live in foreign countires for tax purposes (don't tell me these don't exist as I flew for 39 years as an In-Glight Service Director) or those who do so for personal reasons. If the commute is one's choice, then these individuals should be responsible for their expenses (accomodations) and legally responsible to have the required crest time before their flight. In addition, would there be exceptions for pilots who deadhead home after their flights?
And while this is all very nice, how about providing similar regulations for flight attendants? They are also responsible for your safety.
As for anonymous who writes that "some pilots look tired and totally unprepared", try sleeping during the day in a stuffy room -windows closed because of the noise- at a hotel close to an airport between night flights! And this after 8 hours between duty periods!
I hope this does away with
By AnonymousI hope this does away with many a "commuter" airlines. I just can't see why there are so many "feeders" congesting the airspace. If SWA can go to these secondary markets why can't the 'trunks" do intermediate stops too? Grow the majors and hire the regional pilots! Simple!
This is a stupid comment. I
By KENThis is a stupid comment. I suppose ramp agents, mechanics and customer service agents should be able to commute into JFK from some other city because it cost too much? Pilots are the highest paid employees of any classification of employees. If the cleaners can figure out how to do it so should pilots.
This is entirely correct.
By kate hThis is entirely correct. Many regional airlines essentially force pilots to move frequently, either to upgrade (read get paid more) or because bases get closed. They pay far too little in many cases for flight crew to even hope to live in a major city. And there is a limit to the frequency which a working spouse is willing to be uprooted. Needless to say, most regional pilot spouses work!
how is a scheduling system
By Anonymoushow is a scheduling system supposed to take all that into account?!?
These rule changes were
By AnonymousThese rule changes were proposed to address safety concerns, not "underpay" of the pilots profession. The fact that many comments on this board concern themselves w/ the pay issue is a good indicator that - as with all federal regulations - the intent of the proposed rulemaking has shifted. Accordingly, while these proposed regulations will increase costs for airlines (and the flying public), pilots will get quantifiable monetary benefits, regulators create an excuse for their existence and a justification for further growth in the bureaucratic apparatus (someone has to track compliance w/ another 145 pages of rule)), it is by no means certain that these rules will do squat to increase the safety of U.S. airlines. None of these proposed rules would have prevented the Colgan crash.
I know MANY ground workers of
By RampRatI know MANY ground workers of all flavors who make more than than most of the first officers at my airline... And they didn't spend tens of thousands to get to their positions. Be careful with generalizations based on what you THINK you know.
I find most of this
By AnonymousI find most of this discussion is missing one thing. Having worked a regional airline for many years I have pointed out many times, the following: Every airline pilot, knows before he/she slips on that cap for the first time, exactly what they are getting into, by choice. Nobody ever lied to them about duty times, overnights, "commuting", hotel rooms etc. If they still wanted to be a pilot, they were not forced into it with a gun to their head. Career choice is exactly that. Choice. So suck it up, and if you don't like it. Quit.
Perhaps most of you are
By Major Airline PilotPerhaps most of you are ill-informed about the cost increase to the airlines.
The additional cost imposed on the airlines is not to provide commuter crash pads or hotel rooms.
The additional cost is for 1) A five hour initial training course on fatigue. (causes, recognition, symptoms etc.) ie the cost of developing and implementing the course as well as training instructors to teach the course; 2) A 2 hour yearly recurrent course on the same; 3) Trained personnel to recognize and deal with pilots who are reported by other crew members as showing symptoms of fatigue and removing them if necessary; and 4) and by far the most expensive cost; hiring more pilots that will be needed to cover the schedule. With pilots requiring more rest, and airlines will be unable to utilize them in the manner they do today, therefore more will be needed to cover the schedule. Initial fiqures from an FAA source indicate an increase in pilots of anywhere from 13 to 26%.
How much do you want to pay
By AnonymousHow much do you want to pay the pilots who through skill technical knowlege and ability save your families lives in the next near disaster waiting to happen because airline bean counters consider pilots glorified bus drivers?
Having read only two
By Larry GHaving read only two summaries of the NPRM it seems fairly clear that there will be a lot of unintended consequences flowing from these changes. It is refreshing to see that the FAA finally acknowledges the role commuting plays in the fatigue issue. But it is not clear to me how, or who, is going to be responsible for monitoring and enforcing this. Beyond that, the idea of the rest period commencing from the hotel arrival looks to be frougt with problems. What happens if the crew stands waiting for an hour for the courtesy shuttle (been there, done that!)? What if there is an accident on the way to the hotel? Does the rest period start with the time you check in at the front desk? Or after you have something to eat and get to your room??
And the 9 our max duty time for night flying is going to make for a lot of interesting scenarios for U.S.-Europe or Far East U.S. flights.... Ultra long-haul seems pretty challenging under these rules, as well.
Let's step back a level to
By Dave SLet's step back a level to the fundamentals of operating a company. A company is in business to make money. The more profits achieved the better for shareholders and management who participate in bonus programs tied to profits.
We have all seen that airlines can't turn a profit reliably. You turn a profit when you take in more revenue (paid tickets, cargo, mileage sales, etc) than you have costs (fuel, labor, aircraft). If we were to believe that management are greedy scoundrels, then wouldn't ticket prices be ever increasing? Wouldn't the lowest fare be $1000 to fly from NYC to LAX booked a year in advance.
Airlines don't have the ability to control the prices they charge, they can only charge what the market can bare. The problem the industry has had since deregulation is that we've grown to a point where we're so large, Airline X can't charge more because there is someone else who also needs to fill a plane and thus can charge less than Airline X.
Now, if these new fatigue rules come about costs will go up due to less efficient crewing. Airlines will attempt fare increases, some will stick, some won't. If Virgin America, Allegiant, or JetBlue decide to grow rapidly, none will stick. Then you're left in a situation where you have higher costs and no ability to raise revenues = loss. And a loss = more concessions, more job losses and decline in overall capacity until airlines reach a state where they can charge fares that make money. Then shareholders are happy again, management can get their nice bonuses, and the cycle begins again until the next "shock wave" hits the fan.
Its an easy solution. Copy
By AnonymousIts an easy solution. Copy the centralized basing structure of the mainline carriers where you have a large variety of scheduled pairings. This will offer a greater variety of show times and more efficient schedules that will accommodate both the crew member that lives in domicile and the commuter. The other solution is to give the pilot a positive space ticket to commute to work. This will cut down on the stress of commuting immensely especially now that the load factors are so high. I know, what about the lost $$$ from the paying passenger. The rules can be written to minimize the effect of this in through various manners. Just a thought but this rule change is needed.
An interesting point on
By AnonymousAn interesting point on Colagan and other airlines in regard to pay, where was their union when it came to pay negotiations? The unions negotiated the pay structure and could have bargained for additional pay at high cost locations. Maybe a base pay and an additional domicile pay rate.
Long overdue! The United
By AnonymousLong overdue! The United States has been one of the only modern industralized countries to postpone these much needed changes for political reasons. Shameful that not only aircrew but the travelling public have been held hostage to satisfy the political agenda set by those who have disregarded the science for so long. When these rules were made decades ago there were no flights that went non-stop to Asia from the US. I'll believe it when I see it. Remember what happened the last time! Right before the change was to come out -- the political forces once again continued the "status quo."
Dave S', you're right on.
By IguanaDC3Dave S', you're right on. For once, someone with common sense & wise pragmatism submits a comment on an aviation blog. Go figure. As for Anon' above who suggests a min' $40K pilot salary --- who are YOU or is anyone ELSE to dictate who should earn what? Komrade Obama has touted such a horrid concept before & it's met with typical rejection, & rightly so.
Why do airline employees
By KWSFWhy do airline employees think they have a right to commute to work from a different city that requires them to fly to get to work? Commuting has come about because pilots can - they are able to fly for free. What other industry provides the benefit of living in one city and working in another? Yes bases open and close based on management decisions that are intended to be the best for the company, but don't other industries open, close and move offices, branches, factories, or business units? The employees of such companies either decide to move where their new position is located if they are offered one, or they get another job doing something else. I know of a few people who fly to another city each week and work then fly home, but it comes out of their pocket, and they pay for an apartment so they can sleep. Pilots need to treat their career just like any other professional (I believe most of them do), and when it is time to work they need to be well rested and prepared. None of these rules are supported by evidence that shows the rules will reduce fatigue. I suppose the FAA does not want US carriers to compete in international markets...
Ah to be young again... 45
By AnonymousAh to be young again... 45 years ago when I started in this business you were required to live within 2 hours - from phone call to reporting for duty. There were no "Commuters" - either employees or airlines. Somewhere along the way the unions gave up paid base moves for "jump seat priveleges" - and here we are......
KWSF "I suppose the FAA does
By FrustratedAgainKWSF "I suppose the FAA does not want US carriers to compete in international markets..." International Markets adopted these rules quite a long time ago and are doing just fine with them.
About the profits of US Air Carriers: Why is it that the International Airlines pay substantially more to their employees (50%-100% more), have more restrictive work rules, and still post substantial profits. The answer? International Carriers have FAR less Management structures and teams.
US Carriers have more Mid-Upper Management than you can dream up; all of which require higher pay, bonus, and incentives to be there. Why is it that a US Carrier charges more for the flight of the same duration, pays far less to labour, and then shows up in the red? Golden Parachutes and Big Bonuses.
Just a thought on one aspect
By AnonymousJust a thought on one aspect of cost; do the pilots really need a class to learn when their fatigued?
Just a thought on one aspect
By AnonymousJust a thought on one aspect of cost; do the pilots really need a class to learn when their fatigued?
Guess I'm too fatigued to
By AnonymousGuess I'm too fatigued to realize o pushed the button twice.
Pilots should go to 8 hour
By brentPilots should go to 8 hour work days just like the rest of the world. It would allow jobless pilots to get a job and the pilots would be rested and happy.
I have been building crew
By AnonymousI have been building crew pairings for 19 years. I welcome a new set of FARs. The new FARs need to be clear and easy to interpret and administer. "9 hours behind close doors" is impossible to regulate or track. If the FAA wants to increase the rest periods just set new longer minimum rests without an arbitrary parameter as stated by Mr. Babbitt.
These rules will cost the airlines and the flying public money. I hope all you pilots realize that you will lose several days off each bid period once the rules go into effect. I hope my airline can maintain profitabilty and I do believe that changes to the FARs are necessary. The skies are safe but can be safer.
The worst abuses I have seen are not in schedule construction but rather the irresponsible commutes into work by pilots. As far as pay goes. Sending senior Captains to the negotiating tables will ensure that senior Captains take more than their fare share of the pay. There needs to be a redistribution of pay. FOs deserve a higher % and CAs need to be willing to take less. I realize that won't happen, but it should.
You need to pick up and move
By AnonymousYou need to pick up and move to the base if you want to work there.
Airline employees, I'm sorry,
By TimAirline employees, I'm sorry, but the gravy train is over. This is a VASTLY changed industry. I find it amazing that someone can spend the amount of money they must in college, or invest the time in military service, in order to fly for the airlines. It's absolutely no secret that your first years are going to be spent doing rigorous time in the right seat of a CRJ making at best $20K per year before you get that first airline job, starting around $40K. That's not cheap airline management, that's simple supply and demand job market economics. If you really want to embark on that kind of insane career journey, go for it, just don't come griping to the media 6 months later about "commuting" to work and not getting a living wage in the city of your choice and making less than the waitress at Denny's. You knew it going it. Shut up and fly, or better yet, go back to school and get your business degree.
since I was recalled in apr
By mike at us airwayssince I was recalled in apr of 08 I have been based in 5 different domicles (clt twice and none of them by choice) . Am I supposed to move every time I get forced into another base?
These changes are long
By 34 years of FlyingThese changes are long overdue. However these rules need to be proposed and adopted for flight attendants as well. We are responsible for safety and saving lives in an emergency. We need our appropriate rest as well. With those of us without a union contract we need federal regulation to ensure our proper rest.
Well how would you deal with
By Capt Steve AshWell how would you deal with Airlines moving a pilot from base to base without regard to the pilots travel requirements? I have commuted for years only because I lost my domicile because of efficiencies. I have remained responsible to show up rested at the expense of my family, something you don't seem to grasp! The airlines have held me responsible for everything and got away with duties you would not want a pilot at the controls after or during. Close the loop holes
"Every airline pilot, knows
By Anonymous"Every airline pilot, knows before he/she slips on that cap for the first time, exactly what they are getting into, by choice. Nobody ever lied to them about duty times, overnights, "commuting", hotel rooms etc. If they still wanted to be a pilot, they were not forced into it with a gun to their head. Career choice is exactly that. Choice. So suck it up, and if you don't like it. Quit."
Keep in mind that the employment conditions that now exist at the airlines are the conditions that existed when we joined the airlines. Your main thought here is bunk. BTW, if we all took your advice, you'd be walking to Europe so "suck it up" and get those walking shoes on.
Pick a topic where you might have some knowledge or experience, this isn't it. You obviously have no idea what you're talking about.
To the annonymous mgmt types!
By former pilot/now managementTo the annonymous mgmt types! In the last dozen years I have seen the FTL's become the "target and not the limitations" by unscrupulous corporate management whose only raison'd'etre is to pad the bottom line using the axiom "accidents are collateral damage as a result of risk management and mitigation." Unless you are willing to see your family as collateral damage do not blame the pilots for what they have become as a result of this practice.
Trying to make a difference.
Most corporations pay moving
By AnonymousMost corporations pay moving expenses when asking an employee to move to a different city. Airlines generally don't. I'd ask how happy you'd be if your employer told you your city of employment was changing yet didn't offer a relocation package. It's a tougher situation than you make it out to be.
Also, because airline pilots are paid on a seniority pay scale, switching jobs is not a reasonable option. A senior captain at American will join the entry level ranks at a new airline if he were to leave. So pilots cannot easily "get another job doing something else". The structure is similar in a way, to that of college professors, in that it takes many years to become tenured. Once tenured, you are unlikely to just change jobs if you are unhappy with something the college is doing as you will take a huge cut in pay and quality of life. Just my two cents.
Follow your jobs! What's the
By DigosFollow your jobs! What's the big deal? Why commute? Excuses about family time are inexcusable. US Army soldiers in Afghanistan do not get to see their families until their tour of duty is over. They know what they signed up for. If your base moves, move!
Just what this country needs,
By 88 CaptJust what this country needs, more folks with business degrees filling cubicles and producing NOTHING!
Rest times need to change.
By 737 CaptRest times need to change. As pilots we need to take responsibility and use it to rest and be fit for work. Too many overweight, out of shape pilots and yes it affects your sleeping habits. The few pilots I know with great finances, we make money in other investmests and fly the minimal line. Let's be realistic, you will never be wealthy fly airplanes.
Define "enough to live where
By AnonymousDefine "enough to live where they are based". A 2 bedroom in the Dakota building perhaps? Maybe something in the Hamptons? How do the ground employees afford to live in NY? I seriously doubt they choose (yes, choose) to live in a city hundreds, if not thousands of miles from where they work.
There are so many off topic
By captainMThere are so many off topic and uneducated opinions on this site that it's challenging to begin. In my first year as an airline pilot I was displaced three times before being furloughed. To follow the guidance of some on this blog I would have moved from my home to Chicago, then two months later to NY, then 4 months later I would have been out of a job for a year. Explain to me how this is sound personal financial judgement.
Ground employees do not transfer base. They apply for jobs in their domicile and work from their current home. They make it work without uprooting.
Wages - starting pay is under $20,000 a year for that regional co-pilot. It took 4 years to get the credentials to get the job.
Take another job if you don't like it. While I personally agree with the philosophy it has a flawed application in this industry. Your experience is non transferrable. If I were in sales, management, or service my network and accomplishments allow me to negotiate for benefits and salary at a new employer. At an airline you could be working for Braniff one day as a dream job and the next day be applying for a co-pilot job at $20,000/year. Want to go to a major airline? Take a 66% paycut first year.
Commuters are the problem. I live in base and regularly get scheduled 8 hours of rest. This starts 15 minutes after the parking brake is set and stops 45 minutes before the parking brake is released the next day. In that "8 hours" I'm to get out of the airport, board an airport shuttle, eat, get unpacked, sleep, wake, repack, eat, commute to airport. Explain to me how that allows for a reasonable time to rest. I applaud the new rules.
Yes, they will result in increased costs for the airline. Yes, they result in ticket price increase. Yes, my income might go down. Yes, it will be abused and hard to track. All of these arguments are immaterial. It will result in safer operation of the aircrafts my family will use.
PS - commuting to work is not free. It is unfortunate that the misconception exists. It costs both time and yes, money. "I wish I made as much money as the world believes" is a constant pilot thought.
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