This is pure fiction, I am making it up

[Gilles Hudicourt]

There are some pilots who come from a country where it seems one is only allowed to fly a certain limited number of hours per year.
In the summer, the pilots from that country work really hard and fly many many hours, reaching close to the maximum allowed in their country.
But then, instead of spending the quiet winter months at home flying at a slower pace, they are sent to another country where they again work hard and fly 85, 90, 95 and 100+ hours per month for six months, allegedly busting, not only the annual number of hours they are allowed to fly in their home country, but sometimes also busting the number of annual hours they are allowed to fly in their host country. But 700 hours in one country and 700 hours in another, who is checking ?

You see, they are underpaid in their home country, where their own airline pockets the good salary the host country's airline pays to employ them and pays them less that is stipulated in their contract.
However when there are extra hours to fly, the host airline pays good overtime which they collect directly, which supplements their low pay. So they readily accept the overtime that is offered, even if their logbooks tell them they should not be accepting these flights........

But no one cares and no one is checking anyway........

In any case the chief checker is too busy with other bigger problems to waste time checking pilots who fly more than they are allowed in a year.

That is, as long as nothing happens........

Although this story is inspired by emails I received from several sources, any resemblance to any real pilots or real companies or real countries is pure coincidence.

[av8tor_assrope]

Dude some of your posts are starting to sound pretty desperate. Btw. You got smoked in that CBC interview.

[photofly]

I thought he came over pretty well in the interview, in fact.

[Gilles Hudicourt]

That is only the second person I know of who did not like my intervention on Power and Politics. The first, I will not name, but it's a Union official.....

[RVR6000]

assrope,

go find sometime better to do, no one takes to seriously here.



Kudos to Gilles you did a great job on Power and Politics, you're doing a great service to the aviation profession in this Canada.

[Gravol]

Still waiting for assrope to leave his name here ...

[Scuba_Steve]

Dude some of your posts are starting to sound pretty desperate. Btw. You got smoked in that CBC interview.

If by "smoked" you mean easily handled tough questions from a reporter who did not challenge sunwing's CEO at all then...yes I would agree...

Cheers

[monkey]

I was surprised as well that the Williams had such an easy go from the reporter, he was much more difficult on you Gilles. Either way congrats you did well.

[Mr Willa]

could you please post the interview link, sorry i missed it!

AND Thank you Gilles, couple of my buddies picked up fo's and one Capt position because of your hard work. One had time on type + ATPL+ 2 yrs of wait. Thank you once again for helping out Canadians.

[Gilles Hudicourt]

It's here:

http://www.cbc.ca/player/News/TV+Shows/ ... 375150201/

[AFIRS]

This is far from fiction-

I've personally flown with a contract pilot telling me this same issue- some contracting pilots flying 1500 plus a year.

This is illegal, it's that simple. JAA yearly limit is 900 hours. So why is it legal for them to fly over the 900 or 1200? Do regulations end at the border? Reminds me of the MK Airlines 747 crash in YHZ. The official report blamed the company for serious non-conformances to flight and duty time, with no regulations or company rules governing maximum duty periods, resulting in increased potential for fatigue-induced errors. But their duty time was still legal while in Canadian airspace.. Soooo off the end of the runway they went...
Who is responsible in monitoring these issues? Do the contracting pilots arrive with a re-set for their yearly hours? It appears so....
I highly doubt they arrive with their total hours flown in Europe (Travel Service) for the Canadian crew schedulers to enter in their system. If this was ANY Canadian pilot, we'd be GROUNDED. If I go and fly in Europe as a TFW would I stop at the 900 or 1200? Maybe I just ignore it all and do what I want... It goes to show, the issues surrounding TFW's and aviation goes much, much deeper.

I'm not sure what kind of license they get when they arrive in Canada? We all studied and wrote the Canadian Air Law & Procedures, and work by these LAWS. I wouldn't expect them to have knowledge of them BUT if they're actually carrying a Canadian ATPL and working in Canada FULL TIME (some as captains) they should with out a doubt have this knowledge.


Gilles- Your performance on Power and Politics was professional and creditable, thank you. As we understand this issue is complex and illegal on many different levels. You kept the discussion at a level the average non aviation Canadian could relate with. Well done!

[Jean-Luc Monette]

Every stone that gets turned in this debacle reveals a surprise... So here we have foreign pilots flying illegally on non-valid FLVCs plus they're busting the regs wrt flight time limits???

Unbelievable!

[ea306]

Pure Fiction.... Is the title.

Not sure where the inspiration is coming from for this story however I can share as fact that a number of our guys have been restricted from flying in the EU due to the 900 hour rule there. Those hours are being tracked on an ongoing basis.

[Gilles Hudicourt]

EASA rules:

100 in 28 consecutive days.

900 in a calendar year.

1000 in any 12 consecutive months.

[crazy_aviator]

Gilles, Quick question . Canjets beef is that they have to put a new hire on course, emply them for 5-6 months, lay them off , then re-hire and possibly put on course ANOTHER pilot the next season. I would like to see a survey of Qualified pilots AND pilots ready to be qualified on course who are WILLING to work 6 months of the year THEN go on EI OR find other suitable work/to keep them busy in the off season and be "re-hired" next flying season. Im afraid that once a pilot gets to Boeing status, they would not stoop soo low as to only work part time and for 1/2 the wages and find gainful employment in the off season !!!

[North Shore]

^ Depends on the person. I'm quite happy to work seasonally away from my family and friends, and get my winters off.
All that Canjet has to do is pay guys enough that they don't want/need to find work in the off season, and 'guarantee' them a continuing contract, and I'm sure that there's people around who'd jump at the chance to bust their butt all winter, and take summers off.

[Gilles Hudicourt]

Some water bombers guys told me they would be tickled pink to fly Canjet in the winter and back to their water bombers every summer........

[crazy_aviator]

Thanks Gilles and North. Perhaps the next question would be HOW much is enough to retain a pilot on the payrol and yet have him work 6 mo. a year? #2, How many pilots can be found who ALREADY have alternative employment in Sunwings off season who would be willing to work for Sunwing? Sunwing has a point regarding retraining rehires every year, they do not have a point regarding lower/scab wages and/or pilots busting duty times under the radar. IF there is enough exposure and IF there are options for Sunwing ( like i present here ) then LIKE the RBC debacle, Sunwing can be moved to accept options as presented. IF enough pilots came forward willing to promise ( sign a contract,,,) that they will be back the next year AND agree to a favourable wage AND INCREASED media/ political pressure is ramped up, then i perceive a breakthrough here

[Gilles Hudicourt]

If Sunwing had tried to find pilots who had a profile that lent itself to seasonal work and tried to recruit such pilots and failed.... but did they ?

Did Sunwing or Canjet ever try to recruit some seasonal pilots who left in droves when laid off ? No.

Or did their pilots leave anyway, even those that were employed on an annual basis ?

From the Sunwing Oct 2012 LMO application:

Ongoing hiring by major international carriers such as Emirates, Qatar Airways, Ethiad, Air Canada has also led to high attrition rates at Sunwing

These high attrition rates, were not from "seasonal" Sunwing pilots but from full time pilots.
I hope that the new agreement fixed the reasons these pilots were leaving.

[monkey]

High attrition rates are all relative, compared to what? Georgian or Jazz? More of an excuse than anything, how many Sunwing pilots go over to WJ? IF there was a high attrition rate that would be the logical place to go.

[Stu Pidasso]

Gilles:

You did a great job in the interview, thanks, you did us proud. Soloman is the one who should be embarrassed, he wasn't listening to one word you said.

Keep up the great work!

[crazy_aviator]

Supply and demand , There is a demand for pilots for sunwing HOWEVER, there are 2 sources of supply 1 = in Canada 2 =overseas. The overseas supply is cheaper and with a type rating. 2 solutions, 1= Properly enforce the regs or change them ( increase governmental pressure and media) or 2= Level the playing field ( as ive mentioned before PT Canadian pilots , working WITH sunwing to solve the problem) or 3 = Do both at the same time !

[flyincanuck]

Gilles,

I'll confess I haven't read every one of your posts, but thank you for being the catalyst on this issue. I've emailed my MPs, and cc: the gmail account months ago.

Your CBC interview was well done, and very professional. I personally found Evan irritating and obnoxious...mostly because he just cited a document. On the other hand, it's his job to provoke discussion.

Java is on me if I ever run into you in a terminal. Even better yet, a layover (maybe ATH).

Keep up the good fight. (not a TS pilot)

[BE20 Driver]

email them again. It's a hot topic right now.

I contacted my MP and a bunch of others months ago too. Still haven't heard from them. I have heard from one opposition critic and a couple of press outlets. We need to work to keep this in the light right now while the topic as a whole is getting a lot of attention.

[Gilles Hudicourt]

From: Radka Růžičková [mailto:ruzickova@caa.cz]
Sent: 18 avril 2013 03:57
To: Gilles Hudicourt
Subject: RE: Potvrzeni zaevidovani Vaseho podani ze dne 14.04.2013 / Your submission was registered on APRIL 14 2013

According to Commission Regulation No 859/2008 amending Council Regulation No 3922/91 as regards common technical requirements and administrative procedures applicable to commercial transportation by aeroplane an operator shall ensure that the total block times of the flights on which an inidividual crew member is assigned as an operating crew member does not exceed 900 hours in a calendar year.
Within a supervision of Czech Civil Aviation Authority fall only these aircrafts which are under Czech registration (OK). There are only 2 such aircrafts operating in Canada during winter season 2012/13 including from 20 to 30 pilots. The rest with Canadian registration come under Transport Canada supervision.

Best regards,
Radka Růžičková
CAA Inspector
Czech Republic
Mobile: + 420 724 611 168
Phone: + 420 225 422 835

Note : he later sent a second email correcting himself stating there were in fact 4 Czech Wet Leases in Canada.

But his email is clear. It is up to Transport Canada to see that the Czech licensed pilots flying Canadian registered aircraft do not exceed the 900 hours allowed under the Regulations they are licensed under.

What does Transport Canada know about the hours these pilots flew in the 12 months before they arrived in Canada ?

Under SMS, Sunwing is supposed to self-enforce itself. What does Sunwing Airlines know about the number of hours these pilots flew in the 12 months before they arrived in Canada.

Did Transport Canada and Sunwing even know that these pilots are limited to 900 hours in a calender year ?

This is a prime example of why it was written in the Canada Gazette:

The proposed amendment to CAR 401.07 (Validation of Foreign Licences) will prevent an applicant for a foreign licence validation certificate from being a permanent resident of Canada. At present, the holder of a foreign flight crew licence issued by a contracting state (a signatory of the Convention establishing the International Civil Aviation Organization as signed in Chicago in 1944 and amended from time to time), other than Canada, must satisfy only the applicable requirements in the Canadian personnel licensing standards upon applying for a foreign licence validation certificate. This amendment will add the prohibition that the applicant may not permanently reside in Canada. The change will emphasize the transitory nature of the foreign licence validation certificate. Personnel Licensing and Training Standard 421.07 (Validation of Foreign Licences) limits the maximum duration for which such a certificate may be valid to one year from the date of issue. This standard also sets forth the list of purposes for which such a certificate may be issued. While the issuance of the foreign licence validation certificate accepts the standards of training and operations within the original licensing country, these restrictions upon the duration and purposes of such a certificate minimize the exposure of Canadian operators and the Canadian licensing system to potentially less stringent standards.

CAR 401.07 (Validation of Foreign Licences)

The proposed amendment to CAR 401.07 (Validation of Foreign Licences) will prohibit a permanent resident of Canada from applying for a foreign licence validation certificate. This restriction will support the limited duration and use to which such a certificate can be put. The protection of the safety of the Canadian aviation system from the effect of possibly less rigorous standards applied in pilot licensing elsewhere, which could dilute the worth of a Canadian document if foreign licences were validated in Canada without limit or restriction, will be maintained. No significant benefit-cost consequences are expected from this proposed amendment.