US court favors controversial pilot rest rules

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Excellent news for flightcrew members!!!!

Walter
DCA

By John Crawley

WASHINGTON, May 31 (Reuters) - In a victory for federal regulators and
commercial pilots concerned with fatigue, a U.S. appeals court on Friday
denied an airline industry challenge to a government rule that limits pilot
work hours.

The court found that the Federal Aviation Administration did not violate
federal rulemaking procedures when it clarified a 1985 rule in November 2000
that flight crews cannot work more than 16 hours a day.

The appeals decision found that this standard was reasonable and that the
FAA could proceed with enforcement action against airlines that violated it.
But any additional legal appeals by the industry would likely delay that
action.

Under the FAA rule a pilot or an entire crew could refuse to board a plane
or even leave the cockpit before a scheduled flight if the maximum number of
hours had already been worked or would be exceeded on that trip.


Airline crew schedules are supposed to account for the duty time rule, but
pilots claim the airlines violate it under some common circumstances.

The airlines dispute the FAA's view they cannot keep pilots in the cockpit
indefinitely if their original flight schedule was disrupted by unforeseen
delays, like bad weather or air traffic congestion.

The FAA warned airlines a year ago that it would begin looking closely at
scheduling practices and step up enforcement of duty time violations. That
action was stayed by the appeals court while it reviewed the industry
challenge mounted by the Air Transport Association, and will remain blocked
for another 45 days at least.

During that time, the industry has to decide whether it will petition the
appeals panel for a re-hearing or take the complaint to the U.S. Supreme
Court.

"We will review the opinion and consider what our options are and what
potential impact this will have on the industry," said Diana Cronin, an ATA
spokeswoman.

The FAA welcomed the ruling as it works on new duty time regulations.

"We are certainly pleased that the court has upheld our longstanding
interpretation of the rule but we definitely need to review those rules and
that's what we're working on," said Alison Duquette, an FAA spokeswoman.

She did not give a timetable for the long overdue rules, which had been
promised last December.

The issue received new prominence last October after U.S. safety
investigators found that pilot fatigue was partly to blame for a deadly 1999
American Airlines (AMR) crash in Little Rock, Arkansas.


©2002 Reuters Limited.

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