Legal Interpretations
Johnson 1991
Summary
The Question
Under 14 CFR 121.481(b), if actual flight time exceeds the scheduled time, must the rest period be twice the hours actually flown rather than twice the hours scheduled?
Background
The Air Line Pilots Association described an air carrier schedule with 5 hours of scheduled flight time to Mexico City, a rest period, and a flight to New York, and asked how rest is computed if the first flight runs long.
The FAA’s Interpretation
Yes. 14 CFR 121.481(b) is clear on its face: the rest period must be "at least twice the number of hours flown" since the preceding rest period, not twice the scheduled hours. If the flight exceeds its 5 scheduled hours by one hour, the rest must be twelve hours.
- Requester
- Johnson
- Issued
- June 19, 1991
- Subject
- Flight & Duty Time
Regulations Cited
Page 1
June 19 1991
James W. Johnson, Esq.
Air Line Pilots Association
535 Herndon Parkway
P.O. Box 1169
Herndon, Virginia 22070
Dear Mr. Johnson:
This is in response to your letter of May 17, 1991, requesting an interpretation of § 121.481(b) of the Federal Aviation Regulations.
Question
Your question concerns the following air carrier schedule regarding flights between Mexico City and New York:
1600 - 2100 Flight time to Mexico City
2100 - 1000 Rest
1000 - 1445 Flight time to New York
In paraphrased form, your question is as follows: If the flight time exceeds the 5 hours scheduled, must the rest be twice the number of hours actually flown? I.e., if the flight time exceeds the scheduled time by one hour, must the rest be twelve hours?
Answer
Yes. If the flight exceeds the 5 hours scheduled, the rest must be twice the number of hours actually flown. Twice the number of scheduled hours would not suffice.
§ 121.481(b) provides in relevant part as follows:
If a flag air carrier schedules a pilot to fly more than eight hours during any 24 consecutive hours, it shall give him an intervening rest period, at or before the end of eight scheduled hours of flight duty. This rest period must be at least twice the number of hours flown since the preceding rest period. but not less than eight hours. The air carrier shall relieve that pilot of all duty with it during the rest period. We agree that the regulation is clear on its face; it requires "at least twice the number of hours flown" rather than twice the number of scheduled hours.
Page 2
This interpretation was drafted by Sheila Skojec, an attorney in the Operations Law Branch; Richard C. Beitel, Manager. It was then coordinated with the Air Transportation Division of the Flight Standards Service at FAA Headquarters. We hope that it has satisfactorily answered your inquiry.
Sincerely,
Donald P. Byrne Assistant
Chief Counsel
Regulations and Enforcement Division
Regulations Referenced
Snapshot retrieved August 6, 2026.