Saturday, October 8, 2016

Cargo Industry Exemption



                The crash of Colgan Air Flight 3407 caused major changes in the regulations regarding flight duty time. The new regulations states that, duty time and rest time is to be based on when the pilot begins his/her first flight, the number of scheduled flights, and the number of time zones crossed. The flight duty period begins when a flightcrew member is required to report for duty with the intention of conducting a flight and ends when the aircraft is parked after the last flight. Flight time is limited to 8 to 9 hours. There is also a 10-hour minimum rest period that requires the pilot to obtain 8 hours of uninterrupted sleep (FAA, 2011). Regulations also restricts cumulative flight duty and flight time limits. There are now weekly and 28-day limits on the amount of time a pilot may be assigned any type of flight duty. In addition, it also requires that pilots have at least 30 consecutive hours free from duty on a weekly basis, a 25 percent increase over the previous rules (FAA, 2011). Airlines and pilots have a joint responsibility to ensure that pilots are fit for duty. If a pilots is not fit for duty, the airline must remove that pilot from duty. Finally, airlines must develop a Fatigue Risk Management System (FAA, 2011).

                The old regulations included different rest time for pilots flying domestically, internationally, and unscheduled. The new regulations are uniform regardless of why type of flight the pilot may be flying (Houston, 2016). In the old regulations, it was unclear what “unfit” meant, currently pilots must sign a document stating that they are “fit for duty” and if they are fatigue they must be removed from duty. The old regulations did not account for circadian rhythms or the number of flight segments, while the new regulations specify limits based on the number of flight segments and start of duty (Houston, 2016). The new regulations also specify rest time and flight time was limited based on per week, per month, and per year. The old regulations only stated that flight time was limited based on per week and per month. In regards to rest time, pilots were only given 9 hours but could be reduced to 8 (Houston, 2016).

                The current flight and duty limits for cargo pilots are that cargo pilots are allowed to fly up to 8 hours, then they must have rest period. If there is a situation that requires three crew members, they may fly up to 12 hours. Under no circumstance may a cargo pilot fly more than 16 hours without rest (CAA,2016). I believe that cargo was exempted from the final rule was because of money. While the NTSB can recommend new regulations, they are not a regulatory body. Only the FAA can create new regulations. On occasion, if the NTSB’s recommendations are not practical, the FAA will not implement their recommendation. When creating the new regulations, the FAA removed all-cargo operations from the new applicability of FAR Part 117 because their compliance cost exceeded the benefits (FAA, 2011).

                I believe that the cargo pilots should be excluded from the new duty time limits that affect passenger flights. Cargo and passenger flights are two different things and should have two different sets of rules. If the FAA wants to change the regulations to make it safer, they should not use a one size fits all approach as they are currently attempting to do. If the cargo industry was included in the new regulations, then from a management perspective, it would make operations very expensive, as cargo fly less than their passenger counterparts. Aviation is already an expensive industry to work in, if the regulations included cargo, the cargo airlines may reduce their operations, cut salaries of personnel, reduce hiring, and etc.


References

CAA. (2016, April 13). Setting the record straight on cargo pilot duty and rest time. In Cargo Airline Association. Retrieved October 8, 2016, from http://www.cargoair.org/2016/04/setting-the-record-straight-on-all-cargo-duty-and-rest-amendment/

FAA. (2011, December 21). Fact sheet - pilot fatigue rule comparison. In Federal Aviation Administration. Retrieved October 8, 2016, from http://www.faa.gov/news/fact_sheets/news_story.cfm?newsKey=12445

FAA. (2011, December 21). Flight member duty and rest requirements. In Federal Aviation Administration. Retrieved October 8, 2016, from https://www.faa.gov/regulations_policies/rulemaking/recently_published/media/2120-AJ58-FinalRule.pdf

Houston, S. (2016, March 1). FAA final rule: pilot duty and rest requirements. In The Balance. Retrieved October 8, 2016, from https://www.thebalance.com/faa-final-rule-pilot-duty-and-rest-requirements-282927

6 comments:

  1. I agree with your assessment on this issue, there are a lot of people out there who confuse a 16 hour duty day with 16 hours of flying and that just isn't the case. Especially the "heavy crews" that require 3 pilots and allow for 12 hours of flying. These crews will get plenty of rest even while in the air. Not to mention the down time waiting for cargo to arrive at their destination. It seems to me that the regulations are just fine the way they are.

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  2. I also don't believe the cargo industry shouldn't be held to the same standards as passenger flight. It's two different types of flying so there needs to be two different sets of regulations for them. You wouldn't put a city bus driver under the same set of regulations as you would a long haul truck driver.

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  3. Steven, I agree with your view that the cargo companies should not have to follow the same regulations as the airlines. You said it perfectly by stating how the FAA should change regulations to make it safe but a one size fits all for regulations does not work in this case. My only argument would be the cargo industries should definitely create a new set of regulations even if the cost is pretty high.

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  4. I agree that the one size fits all approach doesn't work, but something needs to be done to protect the pilots and the public. The FAA has even up date rest rules for controllers under the premise of safety.

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  5. This comment has been removed by the author.

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  6. When you have a long way to go, it's wiser to go all equipped. Travel for leisure gives you pleasure and travel for work takes a toll on your body and mind. Road cargo freight europe

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