In February 2009 Colgan Air flight 3407 crashed into a suburban Buffalo, N.Y. neighborhood, killing 50 people. Pilot fatigue was partly to blame for the crash, the government ruled.
As a result, the Federal Aviation Administration (FAA) began drafting new rules that would require commercial pilots to have more rest between flights. Those rules were finalized today, according to U.S. Transportation Secretary Ray LaHood.
“This is a major safety achievement,” LaHood said. “We made a promise to the traveling public that we would do everything possible to make sure pilots are rested when they get in the cockpit. This new rule raises the safety bar to prevent fatigue.”
Relied on fatigue science
According to LaHood, the new rule incorporates the latest fatigue science to set different requirements for pilot flight time, duty period and rest based on the time of day pilots begin their first flight, the number of scheduled flight segments and the number of time zones they cross.
The previous rules included different rest requirements for domestic, international and unscheduled flights. Those differences were not necessarily consistent across different types of passenger flights, and did not take into account factors such as start time and time zone crossings.
Under the new rules, the allowable length of a flight duty period depends on when the pilot’s day begins and the number of flight segments he or she is expected to fly, and ranges from 9-14 hours for single crew operations. 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. It includes the period of time before a flight or between flights that a pilot is working without an intervening rest period.
'Deadheading' now considered working
In a significant change, flight duty includes deadhead transportation, training in an aircraft or flight simulator, and airport standby or reserve duty if these tasks occur before a flight or between flights without an intervening required rest period.
The FAA will limit flight time – when the plane is moving under its own power before, during or after flight – to eight or nine hours depending on the start time of the pilot’s entire flight duty period. he rule sets a 10-hour minimum rest period prior to the flight duty period, a two-hour increase over the old rules. The new rule also mandates that a pilot must have an opportunity for eight hours of uninterrupted sleep within the 10-hour rest period.
The new rule addresses potential cumulative fatigue by placing weekly and 28-day limits on the amount of time a pilot may be assigned any type of flight duty. The rule also places 28-day and annual limits on actual flight time. It also requires that pilots have at least 30 consecutive hours free from duty on a weekly basis, a 25 percent increase over the old rules.
Fit for duty
The FAA said it expects pilots and airlines to take joint responsibility when considering if a pilot is fit for duty, including fatigue resulting from pre-duty activities such as commuting.
“Every pilot has a personal responsibility to arrive at work fit for duty. This new rule gives pilots enough time to get the rest they really need to safely get passengers to their destinations,” said FAA Acting Administrator Huerta.
While consumers may feel safer in the skies, the airlines, which just returned to profitability on the back of numerous fees, will be faced with higher labor costs. The FAA estimated cost of this rule to the aviation industry is $297 million but the benefits are estimated between $247- $470 million.
Curiously, the FAA stopped short of extending the new rules to cargo flights, saying it would be too costly. UPS and other cargo carriers objected to being covered by the rule when asked for their comments.
