Interpretation of FAR 121.467 (14)

[F/A Doug]

Hi All,
I need an interpretation of the following FAR ; 121.467 (14):

(14) A flight attendant is not considered to be scheduled for duty in excess of duty period limitations if the flights to which the flight attendant is assigned are scheduled and normally terminate within the limitations but due to circumstances beyond the control of the domestic, flag, or supplemental air carrier or commercial operator (such as adverse weather conditions) are not at the time of departure expected to reach their destination within the scheduled time.

I read this as the F/A will not be illegally SCHEDULED, if the flight,for whatever reason, goes beyond legallity, if, at departure time, it is known they will go illegal.
Is the emphasis on Scheduled duty?
what is the Definition of Departure time? (door closed, brakes released/ take off ?)

Thanks!

Doug

[Denny of Oakland]

What is the Definition of Departure time? (door closed, brakes released/ take off ?)

First lets look at what the legal meaning of certain words are in FAR 1.1.

Flight time means:
(1) Pilot time that commences when an aircraft moves under its own power for the purpose of flight and ends when the aircraft comes to rest after landing; or
(2) For a glider without self-launch capability, pilot time that commences when the glider is towed for the purpose of flight and ends when the glider comes to rest after landing.

FAR 1.1 does not have a meaning of duty time which is why it is explained in the airlines manuals in accordance with part 119 and 121 requirements.

Note: Special Statutory Requirement to Operate to or From a Part 139 Airport. Each air carrier that provides—in an aircraft (e.g., airplane, rotorcraft, etc.) designed for more than 9 passenger seats—regularly scheduled charter air transportation for which the public is provided in advance a schedule containing the departure location, departure time, and arrival location of the flight must operate to and from an airport certificated under part 139 of this chapter in accordance with 49 U.S.C. 41104(b). That statutory provision contains stand-alone requirements for such air carriers and special exceptions for operations in Alaska and outside the United States. Nothing in §121.590 exempts the air carriers described in this note from the requirements of 49 U.S.C. 41104(b). Certain operations by air carriers that conduct public charter operations under 14 CFR part 380 are covered by the statutory requirements to operate to and from part 139 airports. See 49 U.S.C. 41104(b).

Now with all the above information it depends on what’s is in the airlines General Operating Manual (GOM) for the airline. I cannot give legal opinion as I am not a lawyer, but say if you work for a scheduled airline XZY all the passengers are loaded and you shut the door. T GOM may say departure time starts when the door shuts. Another airline may say departure time starts at push back, and another airline may say departure time starts when the aircraft moves under its own power. You will have to check the GOM for the airline in question.

Denny of Oakland

[ftrdispatcher]

At our airline, the definition of departure time is when the brakes are release. I think this is applied at most airlines. Therefore, when an aircraft pushes back from the gate(brakes released), and returns to the gate(brakes engaged), it is considered as a "blocked time".