A321
Flight Crew Air Transport Pilot (ATP)
Training / Qualification; Time Pressure; Situational Awareness; Distraction; Workload; Communication Breakdown
Deviation / Discrepancy - Procedural FAR; Deviation / Discrepancy - Procedural Published Material / Policy
Flight Crew Became Reoriented
Company Policy; Aircraft; Human Factors; Procedure
Upon arriving at the A321 to fly; the aircraft was on maintenance and a mechanic advised that the flight would be delayed by at least 30 minutes. Looking at FAR 117 FDP information; the CA and myself determined that we had a 13 hour FDP that started at XA:55 am. We had to be at the gate in our destination by XN:55 pm. We discussed this with the gate agent who called the operation tower in our departure airport and suggested that a new pilot crew be looked for to replace us as we might be timing out. The CA also contacted scheduling to discuss this issue. Maintenance cleared the item; we were boarding and all appeared okay. Once we started to pushback from the gate; the same maintenance issue occurred; again. This meant this aircraft was going to be unavailable to fly at this point. The CA contacted the dispatcher and let them know and also stated that we were running into a legality issue. The dispatcher had another plane available at another gate. Simultaneously; the gate agent came up and told us that we had yet another aircraft to take (that was different than the one the dispatcher mentioned.) The CA and I still stated that our concerns were high about the legality of us flying the flight and he contacted scheduling; once again. Once at the new gate; the aircraft had just parked and began to deplane. Deplaning; the crew getting off; the cleaners; the caterers and our crew getting on plus boarding all looked close to impossible to make happen in the timeframe required for us to be legal. The CA had made several calls to multiple people in scheduling and was having a tough time getting anyone to come up with the same times for our legality. He also talked with a management pilot to obtain some assistance in computing. In the meantime; I did my duties of the walk around; and flight deck duties to assist the CA while he worked on the duty time issue. Everything was happening quickly. Everyone involved was working diligently - the gate agent and supervisor; the ground crews - all involved knew there was a time crunch. Once ready to push off the gate; we were legal using the paperwork taxi out; flight time; and taxi in times. Taxiing out to the runway we waited for the Load Closeout. From the time of the push to receiving this was 21 minutes. We had contacted operations more than once and the CA had called the dispatcher to let them know we needed the Load Closeout ASAP. The closeout came at XK:52 while the CA was on the phone with dispatch. The dispatcher told him to takeoff. Once airborne; I looked at the MCDU arrival time and it showed us landing past the 13 hour FDP. I asked the CA if he wanted me to ACARS message the company to see if they wanted us to return to [the departure airport]. We were not past the ETP in the flight and could easily return to remain legal. The company said to continue to [the destination]. Summarizing - the CA talked with multiple schedulers; a management pilot and dispatch on numerous occasions during the short time to let them know we were having a 13 hour FDP issue. One of the gate agents had advised station personnel; too. At every turn; the direction was that he and I would be flying this flight even though he was STRONGLY advising that they re-crew the flight due to the issue at hand. Even after takeoff; we advised that we would land illegally and should we return to the departure airport. No was the answer. Continue was always the answer from the company. The event occurred because the company insisted on the CA and I fly the flight. Four days prior to this flight I had been in recurrent training. On this date I sat in the Human Factors class where one of the items mentioned with problems was a 'rush to comply.' As I look back on this event and that class; I feel like they are just mere words coming out of nowhere with absolutely no meaning. At all times from arrival to the aircraft and learning of the maintenance issue the CA and I were put in a 'rush to comply' situation. The company is not practicing what it is preaching. A second item - its 'green; yellow and red' target and the boxes with barriers appears to have failed miserably with this issue. The company is supposed to be one of the biggest barriers we have as pilots. One of the tools (barriers) is to rely on the company when we need guidance. It did not happen here on numerous occasions causing a loss of trust. When an issue such as this occurs; the stress level goes up on everyone involved. The smart and proactive thing to do is to handle it appropriately - either re-crew the flight with pilots who will not be illegal or have even a close chance of being illegal or cancel the flight. Those are the clear; correct choices.
An A321 crew was forced by the company's inaction to complete a flight in violation of the FAR 117 thirteen hour flight duty period limitation.