IN SEPTEMBER, THE NTSB PUBLISHED A FINAL REPORT ON AN accident with a very simple determination of probable cause: "The pilot's loss of helicopter control as a result of fatigue during cruise flight at night." The flight was a "tail-end ferry flight." Unlike FAR Part 121 operations, Part 135 charter operators have no rest requirements for a Part 91 repositioning flight at the end of the day. Part 91 flights at the beginning of the day or between Part 135 flights are counted, but the tail-end ferry flight home can extend a pilot's flight and duty time. It can't be counted as "rest," so the pilot would need the required rest before starting the next Part 135 day. Tail-end ferry flights have been a part of the charter world since the original charter rest and duty rules were written. It has been confirmed by numerous FAA Legal Interpretations. In 2003,1 served on an Aviation Rulemaking Committee (ARC) that sought to eliminate tail-end ferry flights as part of a comprehensive overhaul of outdated rest and duty regulations. The ARC's recommendations never made it to the Notice of Proposed Rule-making (NPRM) stage. Now I serve on another ARC with the same goal of drafting enforceable, science-based rest and duty regs that fit the on-demand nature of the charter world.
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