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Do crew rest seats count towards the maximum allowed number of seats per flight attendant?


Under what conditions is a flight attendant required on an aircraft?Can I count simulator hours towards a commercial flight certificate training?Do Landings in a Simulator Count Towards Landing Currency? (FAA in the USA)What is the best way to reapply for a denied Class 3 medical certificate?How are pilots alerted to the publication of a NOTAM affecting their flight while in-flight?Can a US airline add an employee passenger as crew?Can an ASEL class-rated private pilot without a T/W endorsement count T/W hours towards FAA flight time requirements?What is the requirement to become a flight attendant?What is the maximum body weight allowed for a pilot?Can hours accumulated in a glider count towards the 1500 hours for an ATP certificate?Any FAA or other regulations prohibiting taxiing between parked aircraft?













4












$begingroup$


We work as flight attendants on a 737-400. We were taught that we must have one FA per 50 seats. Normally our planes have 150 seats and with three FAs we have no issues.



Recently the seat configuration was 152 seats. We called our company and told them that we were not legal to work like that since there were only 3 of us. They stated that 2 seats were for "crew rest" and that we were legal as long as we didn't seat passengers in those 2 particular seats. Is this correct? No one ever said anything said to us about these crew rest seats.










share|improve this question









New contributor



Celeste Thorne is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.






$endgroup$











  • $begingroup$
    Welcome to aviation.SE! This question is related but doesn't address the crew rest seats point.
    $endgroup$
    – Pondlife
    2 hours ago















4












$begingroup$


We work as flight attendants on a 737-400. We were taught that we must have one FA per 50 seats. Normally our planes have 150 seats and with three FAs we have no issues.



Recently the seat configuration was 152 seats. We called our company and told them that we were not legal to work like that since there were only 3 of us. They stated that 2 seats were for "crew rest" and that we were legal as long as we didn't seat passengers in those 2 particular seats. Is this correct? No one ever said anything said to us about these crew rest seats.










share|improve this question









New contributor



Celeste Thorne is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.






$endgroup$











  • $begingroup$
    Welcome to aviation.SE! This question is related but doesn't address the crew rest seats point.
    $endgroup$
    – Pondlife
    2 hours ago













4












4








4





$begingroup$


We work as flight attendants on a 737-400. We were taught that we must have one FA per 50 seats. Normally our planes have 150 seats and with three FAs we have no issues.



Recently the seat configuration was 152 seats. We called our company and told them that we were not legal to work like that since there were only 3 of us. They stated that 2 seats were for "crew rest" and that we were legal as long as we didn't seat passengers in those 2 particular seats. Is this correct? No one ever said anything said to us about these crew rest seats.










share|improve this question









New contributor



Celeste Thorne is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.






$endgroup$




We work as flight attendants on a 737-400. We were taught that we must have one FA per 50 seats. Normally our planes have 150 seats and with three FAs we have no issues.



Recently the seat configuration was 152 seats. We called our company and told them that we were not legal to work like that since there were only 3 of us. They stated that 2 seats were for "crew rest" and that we were legal as long as we didn't seat passengers in those 2 particular seats. Is this correct? No one ever said anything said to us about these crew rest seats.







faa-regulations






share|improve this question









New contributor



Celeste Thorne is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.










share|improve this question









New contributor



Celeste Thorne is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.








share|improve this question




share|improve this question








edited 2 hours ago









Pondlife

52.8k10144296




52.8k10144296






New contributor



Celeste Thorne is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.








asked 4 hours ago









Celeste ThorneCeleste Thorne

211




211




New contributor



Celeste Thorne is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.




New contributor




Celeste Thorne is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.













  • $begingroup$
    Welcome to aviation.SE! This question is related but doesn't address the crew rest seats point.
    $endgroup$
    – Pondlife
    2 hours ago
















  • $begingroup$
    Welcome to aviation.SE! This question is related but doesn't address the crew rest seats point.
    $endgroup$
    – Pondlife
    2 hours ago















$begingroup$
Welcome to aviation.SE! This question is related but doesn't address the crew rest seats point.
$endgroup$
– Pondlife
2 hours ago




$begingroup$
Welcome to aviation.SE! This question is related but doesn't address the crew rest seats point.
$endgroup$
– Pondlife
2 hours ago










3 Answers
3






active

oldest

votes


















2












$begingroup$

The applicable regulation, CFR121.391, says this:




(4) For airplanes having a seating capacity of more than 100 passengers—two flight attendants plus one additional flight attendant for each unit (or part of a unit) of 50 passenger seats above a seating capacity of 100 passengers.




Note that the regulation only refers to seating capacity, not whether or not the occupants are "passengers" under the legal definition (fare paying person), or airline employees. With 152 seats, that airplane has 2 seats, a part unit, of the next "50 seat unit" above 150 seats. So I would say your concern is correct and you need an extra FA to be compliant with 121.391, or at least I would assume so until the airline is able to show that the seats are not counted as "passenger capacity" due to some language in its operating certificate or some other document. Probably something for your union's legal rep to confirm.






share|improve this answer









$endgroup$












  • $begingroup$
    indeed, deadheading crew count as passengers for the FA's primary mission: safety.
    $endgroup$
    – jwenting
    47 mins ago


















1












$begingroup$

Celeste, welcome to POA!



Are you a member of a Union? Your best bet to get a quick answer is to call your Union Representative. -Skip






share|improve this answer









$endgroup$








  • 5




    $begingroup$
    This should be a comment, not an answer.
    $endgroup$
    – Ron Beyer
    3 hours ago










  • $begingroup$
    No I don't believe that anyone in this company is a member of a union.
    $endgroup$
    – Celeste Thorne
    3 hours ago






  • 1




    $begingroup$
    This isn't POA :-)
    $endgroup$
    – Pondlife
    2 hours ago






  • 1




    $begingroup$
    an aviation lawyer would be a better candidate to answer this question than a union stooge.
    $endgroup$
    – jwenting
    46 mins ago


















0












$begingroup$

I have heard this happening in other airlines, so I presume its legal. If the seats are placarded "crew use only", the passenger capacity of the aircraft is considered to be reduced.





share









$endgroup$













    Your Answer








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    3 Answers
    3






    active

    oldest

    votes








    3 Answers
    3






    active

    oldest

    votes









    active

    oldest

    votes






    active

    oldest

    votes









    2












    $begingroup$

    The applicable regulation, CFR121.391, says this:




    (4) For airplanes having a seating capacity of more than 100 passengers—two flight attendants plus one additional flight attendant for each unit (or part of a unit) of 50 passenger seats above a seating capacity of 100 passengers.




    Note that the regulation only refers to seating capacity, not whether or not the occupants are "passengers" under the legal definition (fare paying person), or airline employees. With 152 seats, that airplane has 2 seats, a part unit, of the next "50 seat unit" above 150 seats. So I would say your concern is correct and you need an extra FA to be compliant with 121.391, or at least I would assume so until the airline is able to show that the seats are not counted as "passenger capacity" due to some language in its operating certificate or some other document. Probably something for your union's legal rep to confirm.






    share|improve this answer









    $endgroup$












    • $begingroup$
      indeed, deadheading crew count as passengers for the FA's primary mission: safety.
      $endgroup$
      – jwenting
      47 mins ago















    2












    $begingroup$

    The applicable regulation, CFR121.391, says this:




    (4) For airplanes having a seating capacity of more than 100 passengers—two flight attendants plus one additional flight attendant for each unit (or part of a unit) of 50 passenger seats above a seating capacity of 100 passengers.




    Note that the regulation only refers to seating capacity, not whether or not the occupants are "passengers" under the legal definition (fare paying person), or airline employees. With 152 seats, that airplane has 2 seats, a part unit, of the next "50 seat unit" above 150 seats. So I would say your concern is correct and you need an extra FA to be compliant with 121.391, or at least I would assume so until the airline is able to show that the seats are not counted as "passenger capacity" due to some language in its operating certificate or some other document. Probably something for your union's legal rep to confirm.






    share|improve this answer









    $endgroup$












    • $begingroup$
      indeed, deadheading crew count as passengers for the FA's primary mission: safety.
      $endgroup$
      – jwenting
      47 mins ago













    2












    2








    2





    $begingroup$

    The applicable regulation, CFR121.391, says this:




    (4) For airplanes having a seating capacity of more than 100 passengers—two flight attendants plus one additional flight attendant for each unit (or part of a unit) of 50 passenger seats above a seating capacity of 100 passengers.




    Note that the regulation only refers to seating capacity, not whether or not the occupants are "passengers" under the legal definition (fare paying person), or airline employees. With 152 seats, that airplane has 2 seats, a part unit, of the next "50 seat unit" above 150 seats. So I would say your concern is correct and you need an extra FA to be compliant with 121.391, or at least I would assume so until the airline is able to show that the seats are not counted as "passenger capacity" due to some language in its operating certificate or some other document. Probably something for your union's legal rep to confirm.






    share|improve this answer









    $endgroup$



    The applicable regulation, CFR121.391, says this:




    (4) For airplanes having a seating capacity of more than 100 passengers—two flight attendants plus one additional flight attendant for each unit (or part of a unit) of 50 passenger seats above a seating capacity of 100 passengers.




    Note that the regulation only refers to seating capacity, not whether or not the occupants are "passengers" under the legal definition (fare paying person), or airline employees. With 152 seats, that airplane has 2 seats, a part unit, of the next "50 seat unit" above 150 seats. So I would say your concern is correct and you need an extra FA to be compliant with 121.391, or at least I would assume so until the airline is able to show that the seats are not counted as "passenger capacity" due to some language in its operating certificate or some other document. Probably something for your union's legal rep to confirm.







    share|improve this answer












    share|improve this answer



    share|improve this answer










    answered 1 hour ago









    John KJohn K

    28.2k14487




    28.2k14487











    • $begingroup$
      indeed, deadheading crew count as passengers for the FA's primary mission: safety.
      $endgroup$
      – jwenting
      47 mins ago
















    • $begingroup$
      indeed, deadheading crew count as passengers for the FA's primary mission: safety.
      $endgroup$
      – jwenting
      47 mins ago















    $begingroup$
    indeed, deadheading crew count as passengers for the FA's primary mission: safety.
    $endgroup$
    – jwenting
    47 mins ago




    $begingroup$
    indeed, deadheading crew count as passengers for the FA's primary mission: safety.
    $endgroup$
    – jwenting
    47 mins ago











    1












    $begingroup$

    Celeste, welcome to POA!



    Are you a member of a Union? Your best bet to get a quick answer is to call your Union Representative. -Skip






    share|improve this answer









    $endgroup$








    • 5




      $begingroup$
      This should be a comment, not an answer.
      $endgroup$
      – Ron Beyer
      3 hours ago










    • $begingroup$
      No I don't believe that anyone in this company is a member of a union.
      $endgroup$
      – Celeste Thorne
      3 hours ago






    • 1




      $begingroup$
      This isn't POA :-)
      $endgroup$
      – Pondlife
      2 hours ago






    • 1




      $begingroup$
      an aviation lawyer would be a better candidate to answer this question than a union stooge.
      $endgroup$
      – jwenting
      46 mins ago















    1












    $begingroup$

    Celeste, welcome to POA!



    Are you a member of a Union? Your best bet to get a quick answer is to call your Union Representative. -Skip






    share|improve this answer









    $endgroup$








    • 5




      $begingroup$
      This should be a comment, not an answer.
      $endgroup$
      – Ron Beyer
      3 hours ago










    • $begingroup$
      No I don't believe that anyone in this company is a member of a union.
      $endgroup$
      – Celeste Thorne
      3 hours ago






    • 1




      $begingroup$
      This isn't POA :-)
      $endgroup$
      – Pondlife
      2 hours ago






    • 1




      $begingroup$
      an aviation lawyer would be a better candidate to answer this question than a union stooge.
      $endgroup$
      – jwenting
      46 mins ago













    1












    1








    1





    $begingroup$

    Celeste, welcome to POA!



    Are you a member of a Union? Your best bet to get a quick answer is to call your Union Representative. -Skip






    share|improve this answer









    $endgroup$



    Celeste, welcome to POA!



    Are you a member of a Union? Your best bet to get a quick answer is to call your Union Representative. -Skip







    share|improve this answer












    share|improve this answer



    share|improve this answer










    answered 4 hours ago









    Skip MillerSkip Miller

    9,3642147




    9,3642147







    • 5




      $begingroup$
      This should be a comment, not an answer.
      $endgroup$
      – Ron Beyer
      3 hours ago










    • $begingroup$
      No I don't believe that anyone in this company is a member of a union.
      $endgroup$
      – Celeste Thorne
      3 hours ago






    • 1




      $begingroup$
      This isn't POA :-)
      $endgroup$
      – Pondlife
      2 hours ago






    • 1




      $begingroup$
      an aviation lawyer would be a better candidate to answer this question than a union stooge.
      $endgroup$
      – jwenting
      46 mins ago












    • 5




      $begingroup$
      This should be a comment, not an answer.
      $endgroup$
      – Ron Beyer
      3 hours ago










    • $begingroup$
      No I don't believe that anyone in this company is a member of a union.
      $endgroup$
      – Celeste Thorne
      3 hours ago






    • 1




      $begingroup$
      This isn't POA :-)
      $endgroup$
      – Pondlife
      2 hours ago






    • 1




      $begingroup$
      an aviation lawyer would be a better candidate to answer this question than a union stooge.
      $endgroup$
      – jwenting
      46 mins ago







    5




    5




    $begingroup$
    This should be a comment, not an answer.
    $endgroup$
    – Ron Beyer
    3 hours ago




    $begingroup$
    This should be a comment, not an answer.
    $endgroup$
    – Ron Beyer
    3 hours ago












    $begingroup$
    No I don't believe that anyone in this company is a member of a union.
    $endgroup$
    – Celeste Thorne
    3 hours ago




    $begingroup$
    No I don't believe that anyone in this company is a member of a union.
    $endgroup$
    – Celeste Thorne
    3 hours ago




    1




    1




    $begingroup$
    This isn't POA :-)
    $endgroup$
    – Pondlife
    2 hours ago




    $begingroup$
    This isn't POA :-)
    $endgroup$
    – Pondlife
    2 hours ago




    1




    1




    $begingroup$
    an aviation lawyer would be a better candidate to answer this question than a union stooge.
    $endgroup$
    – jwenting
    46 mins ago




    $begingroup$
    an aviation lawyer would be a better candidate to answer this question than a union stooge.
    $endgroup$
    – jwenting
    46 mins ago











    0












    $begingroup$

    I have heard this happening in other airlines, so I presume its legal. If the seats are placarded "crew use only", the passenger capacity of the aircraft is considered to be reduced.





    share









    $endgroup$

















      0












      $begingroup$

      I have heard this happening in other airlines, so I presume its legal. If the seats are placarded "crew use only", the passenger capacity of the aircraft is considered to be reduced.





      share









      $endgroup$















        0












        0








        0





        $begingroup$

        I have heard this happening in other airlines, so I presume its legal. If the seats are placarded "crew use only", the passenger capacity of the aircraft is considered to be reduced.





        share









        $endgroup$



        I have heard this happening in other airlines, so I presume its legal. If the seats are placarded "crew use only", the passenger capacity of the aircraft is considered to be reduced.






        share











        share


        share










        answered 43 secs ago









        user71659user71659

        4,12211129




        4,12211129




















            Celeste Thorne is a new contributor. Be nice, and check out our Code of Conduct.









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