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Legislation calls again for air cargo pilots to follow same rest protocol as passenger pilots

By Jeff Berman, Group News Editor
January 17, 2013

Legislation introduced earlier this month by a bipartisan pair of New York State Congressmen, Reps. Michael Grimm (R-N.Y.) and Tim Bishop (D-N.Y.) is calling for stricter rest requirements for air cargo pilots.

Entitled the Safe Skies Act of 2013, the bill requires the Secretary of Transportation to modify the final rule relating to flight crew member duty and rest requirements for passenger operations of air carriers to apply to all-cargo operations of air carriers.

This bill is similar to previous legislation regarding cargo pilots rest rules, including the Safe Skies Act of 2012 introduced by Bishop and former Representative Chip Cravaack (R-MN) and a Senate version introduced by Senator Barbara Boxer (D-Calif.) and former Senator Olympia Snowe (R-Maine) in 2012.

The impetus for this bill stems from the Federal Aviation Administration’s (FAA) December 2011 final rule focused on commercial airline pilot scheduling so that “pilots have a longer opportunity for rest before they enter the cockpit.” When this rule was issued, cargo airline pilots were exempted from it.

Alternatively, the FAA said it encouraged air cargo carriers to voluntarily comply with the new rule voluntarily.

As previously reported by LM, the primary components of the FAA’s rule are:
-varying flight and duty requirements based on what time the pilot’s day begins;
-adjusting the allowable length of a duty period to be based on when the pilot’s day begins, and the number flight segments a pilot is expected to fly, which ranges from 9-14 hours for single crew operations;
-limiting 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 rest period; and
-a 10-hour minimum rest period prior to the flight duty period, which is two hours more than the previous rule, and mandates that a pilot must have an opportunity for eight hours of uninterrupted sleep within the 10-hour rest period.

FAA officials said that the estimated cost of this rule to the aviation industry is $297 million, with the benefits estimated to be between $247 million to $470 million.

Air cargo operators are not required to comply within this rule, as it would be too costly compared to the benefits generated in this portion of the industry, according to the FAA. They added that some cargo airlines have improved rest facilities for pilots to use when cargo is loaded and unloaded at night.

But FAA officials said they are encouraging air cargo carriers to voluntarily comply with the new rule voluntarily.

The fact that air cargo carriers are not required to abide by these rules was not well received by the Allied Pilots Association (APA), the certified collective bargaining agent for the 10,000 pilots of American Airlines.

“We strongly object to exempting cargo carriers from the new rules,” said APA President Captain Dave Bates in a December 2011 statement. “A fatigued pilot is a fatigued pilot, whether their aircraft contains passengers or cargo. Passenger and cargo carriers both operate high-performance jet aircraft in the same congested airspace. Safety is paramount in commercial aviation. When somebody makes a mistake in our industry, it can have serious consequences. And when crewmembers are fatigued, they’re more likely to make mistakes. We therefore urge the FAA to reconsider the wisdom of a cargo carrier exemption.”

Washington, D.C.-based Airforwarders Association (AfA) Executive Director Brandon Fried said in a previous interview that most of the AfA’s forwarder members are traditionally non-asset based and might charter air cargo planes, with the clear victors in this case being express carriers.

Comparing cargo pilots to passenger pilots, said Fried, can almost be viewed as an apples-to-oranges comparison.

“One size does not fit all,” he said. “Cargo pilots for the most part fly about half of the amount of time as passenger pilots do. FedEx, UPS, or TNT might lift off at 11 p.m. and fly into a regional hub and get some break time and then return by 3 or 4 a.m., which is not the same as a passenger pilot flying across the country…and not being cognizant of what is going on due to a lack of sleep. I don’t see the comparison there.”

Air cargo carriers told LM that from their perspective, the FAA appropriately recognized that cargo and passenger operations require different fatigue mitigation measures, explaining that one size does not fit all when it comes to crew rest regulations.

About the Author

Jeff Berman headshot
Jeff Berman
Group News Editor

Jeff Berman is Group News Editor for Logistics Management, Modern Materials Handling, and Supply Chain Management Review. Jeff works and lives in Cape Elizabeth, Maine, where he covers all aspects of the supply chain, logistics, freight transportation, and materials handling sectors on a daily basis. .(JavaScript must be enabled to view this email address).


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