The Volokh Conspiracy
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A Series of Unfortunate Travel Events
Yet I still made it to my destination.
Today I had an unusually large number of travel glitches. Yet, much to my astonishment, I still made it to my destination.
- My inbound flight was delayed about 40 minutes. No big deal for a Sunday evening flight.
- After we boarded--approximately one hour late--the flight attendant announced that we need to switch to a new plane due to technical problems. A bigger deal, as switching hardware always creates more delays.
- We had to wait for the new plane to land, taxi, deplane, and be cleaned, which took about 45 minutes.
- Shortly before we were set to push back, the pilot announced that he was going to "time out." (The FAA limits the number of "duty hours" a pilot can fly in a given day.) The pilot said he pleaded to push out early so he wouldn't exceed his hours. But no luck. I was certain they would cancel the flight. But much to my surprise, the pilot announced that there was a "Standby" pilot on duty at the airport, who could take over the flight. About 30 minutes later, the new pilot comes on board. Ultimately, we finally took off about 2.5 hours late. Kudos to United for having enough flexibility in hardware (a new plane) and staffing (a standby pilot) to avoid cancelling the flight.
- While in the air, I received an e-mail from Avis--they couldn't hold my reserved car for more than two hours, so the reservation was closed. Now I would have to go to the rental desk when I landed, rather than go to my reserved spot number. And there is no guarantee anyone would actually be at the desk after 1 AM. Avis may have even sold out of cars! Fortunately, there was still a manager on duty, and I promptly received a car. However, Avis should not have cancelled the reservation. I included my flight number on the record, and Avis should have been able to track that my flight was delayed.
- I drive to the hotel, and one last glitch for the night. The Marriott reservation system was down. Bonvoyed! There were about 5 people in the lobby, milling around. Curiously, four of them were on my flight--one of them was my seatmate! Eventually, the system comes back online. I make it to my room at 2:30 a.m.
I am shocked, shocked, that despite all of these glitches, I actually made it to my destination, there was a car available, and I got into my room. So many things went wrong, and I was certain I would spend the night back home in Houston. My advice: never panic, stay calm, and realize no trip has to be taken.
In any event, two talks tomorrow, err today. Stay tuned!
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I am surprised that Avis won't just charge you if you asked.
"Sir, I know why we take reservations."
"I don't think you do. Anybody can just take reservations. It's the holding of the reservation that's important."
I can see Blackman running through the airport like OJ Simpson in the Hertz commercials.
Oh, JFC. Can we have another pandemic, please?
The post is timestamped 2:49 AM Eastern. He got to his room at 2:30, which must also be Eastern time. First order of business on arrival: twenty minutes to blog about his trip.
"Have I ever mentioned airline food? Well, let me tell you..."
§ 91.1059 Flight time limitations and rest requirements: One or two pilot crews.
(a) No program manager may assign any flight crewmember, and no flight crewmember may accept an assignment, for flight time as a member of a one- or two-pilot crew if that crewmember's total flight time in all commercial flying will exceed -
(1) 500 hours in any calendar quarter;
(2) 800 hours in any two consecutive calendar quarters;
(3) 1,400 hours in any calendar year.
(b) Except as provided in paragraph (c) of this section, during any 24 consecutive hours the total flight time of the assigned flight, when added to any commercial flying by that flight crewmember, may not exceed -
(1) 8 hours for a flight crew consisting of one pilot; or
(2) 10 hours for a flight crew consisting of two pilots qualified under this subpart for the operation being conducted.
https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-91/subpart-K/subject-group-ECFRc17623c0e0be17e/section-91.1059
By contrast, truck drivers are permitted to drive 11 hours a day and 60 hours a week. https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395#395.3
That’s 780 in any (every) calendar quarter.
Maybe there's a reason to be more careful regarding the people in charge of aluminum tubes traveling 600 mph full of other people than with the person in charge of a truck full of toothpaste.
1) there are two pilots, who can switch off
2) it’s not necessary to keep your hands on the wheel at all times; in fact much of the flight is automated
Some business jets (e.g. several Cessna Citation models, Pilatus PC-24, and Embraer Phenom) are certified for single pilot operation, but not transport class passenger liners. This may change though, as several regulators, manufacturers, and airlines are studying single pilot feasibility with enhanced automation and emergency remote control. The minimum flight deck crew has shrunk from 5 in the 1950 to 2 today with the elimination of the separate navigator, radio operator, and most recently the flight engineer positions without making flying more dangerous so it isn't impossible we might take it down to 1.
As a former Navy Flight Surgeon I'm capable of handling most of todays passenger fleet.
Yeah, Nissan, Toyota, Chevy, Ford, VW...
did get 40 hours in T-34's and 0.4 hr stick time in a Hornet, but it's been 25 years, might be a bit "Rusty"
Brother in law flies for Delta, back in the 90's got me some 767 simulator time, before "Some People did something" (HT Mullah Omar) now it'd be easier to get in an actual cockpit than the Sim.
And it's the rare flight where there's not a Pilot Deadheading back home, of course they've usually had a few drinks by landing time,
Frank
Based solely on your endless, repetitive, sexist, moronic, bigoted, racist, foul-mouthed, grade-school level humor, I can confidently say that the number of VC readers who believe you that you finished high school much less became a flight surgeon is exactly zero.
Russian disinformation aimed at Frank?
Except that trucks very likely kill many more people every year. Just in small batches, so it is somehow better. And the risk for trucks is very often of much longer duration. Hours, maybe an entire. I remember one trip across MO in a blizzard, where I had to follow the same truck from St Louis to Kansas City on I-70, following his taillights. Meanwhile, the pilots might have a little stress taking off and/or landing, but is quite often on autopilot most of the time between,and at least in the western part of the country flying in blue sky above the storms below.
From a quick google, it looks like aviation-related US deaths tend to be in the hundreds (349 in 2020 is one number I found), and don't normally involve commercial travel. All but one death in 2020 was from someone on-board the aircraft.
Same source (https://injuryfacts.nsc.org/) gives thousands for the normal "large-truck" related deaths, 4965 dead in 2020 from large truck accidents. Most of the victims are occupants of other vehciles.
That's 80,000 lbs (40 tons) of toothpaste & truck coming at you, and some states allow even more. A pulp truck in Maine is allowed to be 110,000 lbs (55 tons)!
And unlike the automated aluminum tube, the truck is NOT automated, and requires constant attention. Just one moment's inattention and the family of four is now fetched up in your rear axles...
I mean, 30,000 pounds of bananas was right there. . . .
https://www.youtube.com/watch?v=OGldNpngDws
The reason is there are different people writing the rules (FAA and FMCSA).
The feds have been pushing electronic log books for trucks. Spy robots make hours of service violations much easier to check. An early attempt was invalidated on privacy grounds. I think the latest rule has survived legal challenges. Congress mandated electronic logs in 2012. The concept is not up for debate, only the implementation is.
Deaths by truck are treated as different than death by airplane. As somehow less worthy of prevention.
The reason for this is not government arbitrariness. It is what the public wants.
This is because death by airplane has a different level of *Dread* than death by truck.
Car accidents are one of our least dreaded death types. Terrorism is one of our highest.
It's been too long to remember, but the collective deaths-all-at-once is part of it.
By contrast, truck drivers are permitted to drive 11 hours a day and 60 hours a week. https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395#395.3
That's 780 in any calendar quarter.
14 C.F.R. 91.1059 applies to fractional ownership programs, for scheduled airline operations the limits are found in 121.470 through 121.525
Nice but totally irrelevant: The pertinent rule for an airline is in Part 121
https://www.ecfr.gov/current/title-14/section-121.481
121.481 is for international flights ("flag operations"), Blackman's domestic flight would be controlled by 121.471.
Take Greyhound next time
...."and leave the driving to us".
God bless you for your service, Josh. Stay strong in the face of this adversity.
Prof. Volokh, seeking new blood for the Volokh Conspiracy, surveyed the thousands of law professors in America and decided, 'I'll take Blackman.'
Prof. Barnett heard this news, thought, 'does this mean Josh won't text me as much?' and bought Prof. Volokh a beer the next time they were together.
Now there’s someone with a nightmare travel story.
That story has been written -- and masterfully.
It's bad enough that some professors have begun to refer to themselves as "scholars" (which evokes the lawyers who apply the honorific "Esquire" to themselves), but what kind of needy jackass welcomes visitors to his eponymous website by declaring himself a "national thought leader?"
Jealous much, "Reverend"??
Yeah, every time I dealt with a lawyer -- usually from a small office in a small town, and male -- who had everyone at his office call him "Attorney Dweeb" without exception, and who answered the telephone with "this is Attorney Dweeb speaking," and who signed every letter, memorandum or note as "Dwight Dweeb, Esquire, Attorney At Law," I was overcome by jealousy.
Somehow, I had forgotten just how insecure those interactions made me until I saw a guy mired at a lousy law school proclaim himself a "national thought leader" on the website featuring his 482-page resume.
Good call, Frank.
I haven't found plenty of women exhibiting this phenomenon, for what it's worth.
*have
I like my attorney. He's simply "Ed".
United? There's your problem!
But did you still get your favorite seat?
Re: Avis.
I ran into that whole "we'll only hold your reservation for two hours" thing. Like, five years ago. Hardly a new clause in their contracts.
Which is to say, you're a lawyer who's complaining he didn't read the contract.
I'm surprised that they aren't willing to just charge you for the vehicle, even if you never show up to pick it up. They actually make MORE money that way -- and it's what a lot of hotels will do if you ask them to.
Of course I was once on the phone with corporate at 1AM after Amtrak arrived several hours late in DC and the hotel had charged me for that night *and* canceled my reservation. Corporate admitted that they had absolutely no idea why this franchisee did this, but got them to undo it.
I'm sure they'd like to but that's just not how rental cars have traditionally worked. If you don't actually get the car, you don't have to pay. It's amazing how many rental car companies still advertise a base rate that is cancelable up to the last minute and give you a discount if you prepay and commit to the rental.
Yes, I know this has the same impact as howling at the moon but, Josh, Nobody Cares.
> "United"
Well.. heh. That might be your problem. Interesting to read about your travel travails while at the same time seeing the headline in Google news today:
"FAA proposes more than $1 million fine on United Airlines over preflight safety checks" - https://www.cnbc.com/2023/02/06/faa-proposes-fine-safety-united-airlines.html
Maybe they were being overly cautious with your flight, or reattaining baseline safety performance.
What a waste of bandwidth !
I’d think a savvy traveler would know standby pilots are pretty common!
Airlines will assign cockpit crew to reserve status, which means they have to be available for duty within specified times. Typically there is a reserve availability status where the crewmember is at home but can get to the airport and fly within some specified period like 120-150 minutes (meaning the crewmember has to be reachable and able to comply with the time limits so at minimum sober and not too far from the airport) and an airport standby status where the crewmember is actually at the airport in case the call comes (and drinking ginger ale at the bar, streaming movies, etc. while waiting).
Any airline should therefore be able to respond to crew unavailability such as illness, family emergencies, or operational issues leading to crew timeouts.
> one of them was my seatmate!
I would never fly an airline that forced me to share a seat with someone.
Define "marginally".