Monday, February 6, 2012

FAA Explains Crewmember Rest For Flights Conducted Under Part 91

In November 2011, the Flight Standards Regional Office in Alaska requested an interpretation as to whether or not Part 91 permits a required flight crewmember to take a "controlled rest period" i.e. a nap when an augmented crew is not present. 

The controlling provision of the FARs is 14 CFR section 91.105(a)(1) which provides that each required crewmember must be at his crewmember station during takeoff, landing, and while en route.  The implication present in the statute is that the crewmember must actually perform his duties while at his crewmember station.  By simple deductive reasoning along with a careful reading of the regulation, the FAA reasoned that a crewmember who is asleep at his crewmember station cannot and is not performing his duties.  Thus, the FAA concluded that Part 91.105(a)(1) does not permit a required flight crewmember to sleep at his crewmember station.

There are 2 recognized exceptions  to the requirement.  First, a crewmember may leave his station if the absence is necessary to perform duties in connection with the operation of the aircraft.  Second, a required crewmember is allowed to leave his station in connection with physiological needs.  In flight sleep is not a duty that is necessary to operate the aircraft thus a required crewmember does not qualify under the first exception on a Part 91 flight.  Next, the physiological needs exception is very narrow, it only permits breaks for activities such as using the restroom or stretching your legs briefly during a long flight. 

For a large portion of the flying community, a part 91 flight is conducted in an aircraft similar in size to a Cessna 172.  For these pilots, if they were successful in extricating themselves from their seat, there is simply no where to go for physiological needs and there is no aisle to walk down to stretch their limbs.  However, there are flights conducted under Part 91 on larger aircraft that allow a required crewmember to attend to physiological needs or stretch their legs and after reading the FAA's interpretation letter they can continue to do so. 

The above discussion results in a different outcome if the flight is augmented.  In an augmented flight, the required crewmember is replaced by another qualified crewmember.  When the replacement of a crewmember happens, the original crewmember is no longer "required" within the meaning of FAR 91.105(a)(1) because his presence is no longer needed to safely operate the aircraft.  It is important to remember that each and every crewmember is responsible for ensuring that they are sufficiently rested and able to perform their required duties prior to accepting the responsibility of becoming a required crewmember.

If you have questions about the crewmember rest provisions or understanding the FARS as they apply to your operations, then contact Ronnie Gipson by email at gipson@higagipsonllp.com or by telephone at 415.692.6523.         

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