14 C.F.R. § 121.471

Flight time limitations and rest requirements: All flight crewmembers

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(a) No certificate holder conducting domestic operations may schedule any flight crewmember and no flight crewmember may accept an assignment for flight time in scheduled air transportation or in other commercial flying if that crewmember's total flight time in all commercial flying will exceed—

(1) 1,000 hours in any calendar year;

(2) 100 hours in any calendar month;

(3) 30 hours in any 7 consecutive days;

(4) 8 hours between required rest periods.

(b) Except as provided in paragraph (c) of this section, no certificate holder conducting domestic operations may schedule a flight crewmember and no flight crewmember may accept an assignment for flight time during the 24 consecutive hours preceding the scheduled completion of any flight segment without a scheduled rest period during that 24 hours of at least the following:

(1) 9 consecutive hours of rest for less than 8 hours of scheduled flight time.

(2) 10 consecutive hours of rest for 8 or more but less than 9 hours of scheduled flight time.

(3) 11 consecutive hours of rest for 9 or more hours of scheduled flight time.

(c) A certificate holder may schedule a flight crewmember for less than the rest required in paragraph (b) of this section or may reduce a scheduled rest under the following conditions:

(1) A rest required under paragraph (b)(1) of this section may be scheduled for or reduced to a minimum of 8 hours if the flight crewmember is given a rest period of at least 10 hours that must begin no later than 24 hours after the commencement of the reduced rest period.

(2) A rest required under paragraph (b)(2) of this section may be scheduled for or reduced to a minimum of 8 hours if the flight crewmember is given a rest period of at least 11 hours that must begin no later than 24 hours after the commencement of the reduced rest period.

(3) A rest required under paragraph (b)(3) of this section may be scheduled for or reduced to a minimum of 9 hours if the flight crewmember is given a rest period of at least 12 hours that must begin no later than 24 hours after the commencement of the reduced rest period.

(4) No certificate holder may assign, nor may any flight crewmember perform any flight time with the certificate holder unless the flight crewmember has had at least the minimum rest required under this paragraph.

(d) Each certificate holder conducting domestic operations shall relieve each flight crewmember engaged in scheduled air transportation from all further duty for at least 24 consecutive hours during any 7 consecutive days.

(e) No certificate holder conducting domestic operations may assign any flight crewmember and no flight crewmember may accept assignment to any duty with the air carrier during any required rest period.

(f) Time spent in transportation, not local in character, that a certificate holder requires of a flight crewmember and provides to transport the crewmember to an airport at which he is to serve on a flight as a crewmember, or from an airport at which he was relieved from duty to return to his home station, is not considered part of a rest period.

(g) A flight crewmember is not considered to be scheduled for flight time in excess of flight time limitations if the flights to which he is assigned are scheduled and normally terminate within the limitations, but due to circumstances beyond the control of the certificate holder (such as adverse weather conditions), are not at the time of departure expected to reach their destination within the scheduled time.

[Docket 23634, 50 FR 29319, July 18, 1985, as amended by Amdt. 121-253, 61 FR 2612, Jan. 26, 1996]

Notes of Decisions

Cited in 11 cases, 1974–2009 · leading case: Air Transp. Ass'n of Am., Inc. v. Fed. Aviation Admin., 291 F.3d 49 (D.C. Cir. 2002).

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Air Transp. Ass'n of Am., Inc. v. Fed. Aviation Admin., 291 F.3d 49 (D.C. Cir. 2002). · cites it 6× “471, 14 C.F.R. § 121.471 (FAR 121.471), and attendant Notice of Enforcement Policy (Notice) entitled “Flight Crewmember Flight Time Limitations and Rest Requirements,” published in the Federal Register, 66 Fed.”

Aviators for Safe & Fairer Reg., Inc. v. Fed. Aviation Admin., 221 F.3d 222 (1st Cir. 2000). · cites it 3× “The relevant interpretive letters appear not merely in tension, but at odds, 6 and on this point, the 1992 Bulletin is arguably helpful to Aviators.”

Galati v. Am. West Airlines, Inc., 69 P.3d 1011 (Ariz. Ct. App. 2003). “The regulation in question is 14 C.F.R. § 121.471 . 2 . In Wagenseller , our supreme court held that an at-will employee of a hospital could bring a wrongful termination suit alleging that she was fired in violation of a public policy of this state.”

United States v. Ozark Air Lines, Inc., 374 F. Supp. 234 (E.D. Mo. 1974). · cites it 25× “471(d) has remained essentially unchanged since 1926, the Court now looks to the present regulation, 14 CFR 121.471 to determine if the word “duty” in 14 CFR 121.”

Pan Am. Airways Corp. v. Air Line Pilots Assoc., Int'l., 206 F. Supp. 2d 12 (D.D.C. 2002). “On September 20, 2000, the chairman of the Allied Phots Association sent an inquiry to the Federal Aviation Administration (“FAA”) with a number of hypothetical scenarios regarding the FAA’s interpretation and application of certain Federal Air Regulations (“FARs”), including 14…”

Ass'n of Flight Attendants v. Mesa Air Grp., Inc., 567 F.3d 1043 (9th Cir. 2009). “The regulations include FARs for flight crewmembers, 14 C.F.R. § 121.471 (“Pilot FARs”), and flight attendants, id.”

United States v. Ozark Air Lines, Inc., 506 F.2d 526 (8th Cir. 1974). “471 of the Federal Aviation Regulations, 14 C.F.R. § 121.471 , provides: § 121.471 Flight time limitations: All flight crewmembers.”

Ass'n of Flight Attendants-CWA v. Mesa Air Grp., Inc., 513 F. Supp. 2d 1120 (D. Ariz. 2007). “” 1 (CBA § 7(G)(2)) Since 1995, Defendants have used the Pilot Flight Time Limitations and Rest Requirement Regulations, 14 C.F.R. § 121.471 , as the FARs applicable to flight attendants.”

Ass'n of Flight Attendants, Cwa, Afl-Cio v. Mesa Air Grp., Inc. (9th Cir. 2009). “The regula- tions include FARs for flight crewmembers, 14 C.F.R. § 121.471 (“Pilot FARs”), and flight attendants, id.”

Simonds v. Pan Am., 2003 DNH 164 (D.N.H. 2003). “14 C.F.R. § 121.471 . As it turned out, however, Simonds' aircraft experienced mechanical problems after successfully completing the first three legs of the scheduled journey.”

Aviators for Safe v. FAA, 221 F.3d 222 (1st Cir. 2000). “That decision construed a weekly rest requirement regulation, 14 C.F.R. 121.471(d) (1970), and inferred from the use of "duty" in other subsections that rest "from all further duty" meant rest from "duty aloft.”

— 14 C.F.R. § 121.471(d) — 3 cases

Aviators for Safe & Fairer Reg., Inc. v. Fed. Aviation Admin., 221 F.3d 222 (1st Cir. 2000). “The relevant interpretive letters appear not merely in tension, but at odds, 6 and on this point, the 1992 Bulletin is arguably helpful to Aviators.”

United States v. Ozark Air Lines, Inc., 374 F. Supp. 234 (E.D. Mo. 1974). “471(d) has remained essentially unchanged since 1926, the Court now looks to the present regulation, 14 CFR 121.471 to determine if the word “duty” in 14 CFR 121.”

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