Originally Posted by
nancypants
i suspect the defence is that they’re not an assigned flight crew member or a relief flight crew member on the deadheading leg
There is no need for a "defence" as there is no prima-facie evidence of a violation. It is perfectly acceptable to apply for and receive a variance from the standard limitations by implementing a FRMS (Fatigue Risk Management System) that addresses and mitigates the additional duty time of an extended operation.
Notwithstanding the above, 8.11.1.3(b)(4) explicitly denies that "defence"
Time spent in deadhead transportation, that an operator requires of a flight crew member and provides to transport the crew member to an airport... at which he/she is to serve on a flight as a crew member... is not considered part of a rest period.