Legal Interpretations
Ritter 2007
Summary
The Question
Under 14 CFR 135.267, does a 9-hour release between a pilot's morning and evening three-hour flights satisfy the required rest?
Background
A requester described a pilot flying from 6:00am to 9:00am, released from obligations until 6:00pm, then preparing for a return flight from 7:00pm to 10:00pm, and asked whether the assignment is legal under part 135.
The FAA’s Interpretation
No. Whether the carrier operates under 14 CFR 135.267(b) or (c), the pilot must have at least 10 consecutive hours of rest before a regularly assigned duty period of no more than 14 hours, or during the 24 hours before the assignment's planned completion. A 9-hour break, even if free of company obligations, meets neither 14 CFR 135.267(c)(1) nor 14 CFR 135.267(d); a 10-hour break would start a new duty day.
- Requester
- Ritter
- Issued
- October 15, 2007
- Subject
- Flight & Duty Time
Regulations Cited
- 14 CFR Part 14
- 14 CFR 135.267
Page 1
U.S. Department
of Transportation
Federal Aviation
Administration
October 15, 2007
Dear Mr. Ritter,
This responds to your letter dated June 26, 2007, in which you question whether the following scenario is a legal assignment under the flight time and rest requirements of paii 135:
A pilot is scheduled for a three-hour flight, depaiiing at 6:00am, due to aITive at 9:00am. Upon aITival at the destination, the pilot is released from obligations until 6:00pm, when he or she must return and prepare for the three-hour return flight, which is scheduled to depaii at 7:00pm and aiTive at the destination at 10:00 pm.
You do not state whether the caITier conducts its operations under section 14 C.F.R. § 135.267(b) or 14 C.F.R. § 135.267(c). Nonetheless, in either case, the caITier and the pilot must ensure that the pilot has at least 10 hours of consecutive rest (1) before a regulai·ly assigned duty period of no more than 14 hours [14 C.F.R. § 135.267(c)(l)], or (2) during the 24-hour period that precedes the planned completion time of the assignment.
Although it is not cleai· what you mean when you write that the pilot is "released from obligations," even assuming that the pilot was free from 9:00am to 6:00pm to conduct his own affairs and was not under any obligation to the company (e.g., waiting on passengers or cargo), we agree that the 9-hour period does not meet the required 10 hours of rest as set fort h in 14 C.F.R. § 135.267(c)(l), nor does it meet the requirements of 14 C.F.R. § 135.267(d). If this rest period were extended to 10 hours, a new duty day would be triggered prior to the 7:00pm return flight and the operation would be pennitted under 14 C.F.R. § 135.267.
Page 2
We trust this interpretation has answered your questions. This response was prepared by Anne Bechdolt, Attorney, and reviewed by Joseph Conte, Manager, Operations Law Branch of the Office of the Chief Counsel. Should you have any additional questions, please contact us at (202) 267-3073.
Sincerely,
Re~ci:';/YAssistant Chief Counsel for Regulations
Office of the Chief Counsel, AGC-200
Regulations Referenced
Snapshot retrieved August 6, 2026.