CFI Giving Instruction while self-grounded

[Jim Rosenow]

Please help me figure this out...I have a CFI in each ear, arguing opposite sides of this....

Can a CFI who has self-grounded temporarily for medical reasons still give (and sign off as dual instruction) flight instruction to a rated pilot who is rated/current/qualified/medically good in the aircraft used? For example...a BFR.

The argument made for this being OK is that the pilot being trained is PIC and the CFI is not a required crew member, and the CFI has self-grounded from PIC, not giving instruction.

Corollary...how about if the CFI has an expired medical?

I'll need a cite in the regs, please. I swear we've discussed this, but my search didn't find it. Thanks!

Jim

 

[OverTQ]

Please help me figure this out...I have a CFI in each ear, arguing opposite sides of this....

Can a CFI who has self-grounded temporarily for medical reasons still give (and sign off as dual instruction) flight instruction to a rated pilot who is rated/current/qualified/medically good in the aircraft used? For example...a BFR.

The argument made for this being OK is that the pilot being trained is PIC and the CFI is not a required crew member, and the CFI has self-grounded from PIC, not giving instruction.

Corollary...how about if the CFI has an expired medical?

I'll need a cite in the regs, please. I swear we've discussed this, but my search didn't find it. Thanks!

Jim

In your scenario, the instructor does not need a valid medical. It's 61.23(b)(5).

https://www.law.cornell.edu/cfr/text/14/61.23

 

[Jim Rosenow]

Awesome...and so quick!! Thanks, OverTQ!!

Jim

 

[MikeELP]

 

[mscard88]

Yes he can instruct without a medical.

CFAR 61.23

(b) Operations not requiring a medical certificate. A person is not required to hold a medical certificate—

(1) When exercising the privileges of a student pilot certificate while seeking—

(i) A sport pilot certificate with glider or balloon privileges; or

(ii) A pilot certificate with a glider category rating or balloon class rating;

(2) When exercising the privileges of a sport pilot certificate with privileges in a glider or balloon;

(3) When exercising the privileges of a pilot certificate with a glider category rating or balloon class rating in a glider or a balloon, as appropriate;

(4) When exercising the privileges of a flight instructor certificate with—

(i) A sport pilot rating in a glider or balloon; or

(ii) A glider category rating;

(5) When exercising the privileges of a flight instructor certificate if the person is not acting as pilot in command or serving as a required pilot flight crewmember;

(6) When exercising the privileges of a ground instructor certificate;

(7) When serving as an Examiner or check airman and administering a practical test or proficiency check for an airman certificate, rating, or authorization conducted in a glider, balloon, flight simulator, or flight training device;

(8) When taking a practical test or a proficiency check for a certificate, rating, authorization or operating privilege conducted in a glider, balloon, flight simulator, or flight training device; or

(9) When a military pilot of the U.S. Armed Forces can show evidence of an up-to-date medical examination authorizing pilot flight status issued by the U.S. Armed Forces and—

(i) The flight does not require higher than a third-class medical certificate; and

(ii) The flight conducted is a domestic flight operation within U.S. airspace.

 

[luvflyin]

Awesome...and so quick!! Thanks, OverTQ!!

Jim

So how are the arguing CFI’s taking this?

 

[Jim Rosenow]

It's gotten real quiet

Jim

 

[midlifeflyer]

One exception to "yes he can" if the trainee is qualified to and does act as PIC. The CFI with no medical can't put the trainee under the hood because then he'd be a required crewmember.

 

[midlifeflyer]

So how are the arguing CFI’s taking this?

It is so basic that the one who is wrong might well refuse to accept it.

 

[Jim Rosenow]

Actually, everybody was happy to learn it was the case...and good point on the 'hood time'.

Jim

 

[Same issue]

I'm in the same boat and understand that it's legal to do this, but I just want to make sure I log (or not log) this correctly. Can I log the time I'm instructing as "Dual Given" and "total time" or should I steer clear from logging it all together?

 

[bbchien]

I'm in the same boat and understand that it's legal to do this, but I just want to make sure I log (or not log) this correctly. Can I log the time I'm instructing as "Dual Given" and "total time" or should I steer clear from logging it all together?

Mark, above (midlifeflyer) is correct.

See the two attached decisions. Log as instruction given, but NB you cannot do Safety pilot, which makes you required crew (current, medical-ed, rated). Violating the "required crew rule" would be a problem (arrows are mine).

CFIA-I-MEI

 

[Lindberg]

Black-letter law and one CFI got it wrong, and one CFI got it right but didn't know why.