61.57(e)(5) Recent flight experience Exceptions (Pilot - CFI flight)

[leejy1025]

(5) Paragraphs (a) and (b) of this section do not apply to a person receiving flight training from an authorized instructor, provided:


(i) The flight training is limited to the purpose of meeting the requirements of paragraphs (a) and (b) of this section;

(ii) Notwithstanding the provisions of paragraphs (a) and (b) of this section, the person receiving flight training meets all other requirements to act as pilot in command of the aircraft; and

(iii) The authorized instructor and the person receiving flight training are the sole occupants of the aircraft.

SO, the regulation is talking about A PERSON RECEIVING flight training

But AOPA article says https://www.aopa.org/news-and-media/all-news/2024/december/03/heads-up-instructors

and adds exceptions that allow a non-current instructor to provide instruction to a non-current trainee—but only for the purpose of the trainee regaining currency, only if the trainee is otherwise capable of acting as PIC, and only if the instructor and trainee are the sole occupants.

telling that both student and CFI may not be current.

so the according to law, CFI must be Current on Day/Night recent experience requirements right? because it's only talking about trainee.
is there anything that I'm missing which supports AOPA's article?

 

[dmspilot]

I think what you are missing is that for over ten years there was an FAA Chief Counsel opinion in effect that asserted a CFI did not have to be current to fly with a student, as it did not view students as passengers, but that is no longer permitted except under the conditions described (other person must be certificated pilot).

 

[leejy1025]

So you mean Now, CFI must establish the currency, and conduct flight under 61.57(e)(5) right? and AOPA interpretation for new regulation is wrong?

 

[decalogue]

It’s easier to just think of it like this, students are not people

 

[midlifeflyer]

So you mean Now, CFI must establish the currency, and conduct flight under 61.57(e)(5) right? and AOPA interpretation for new regulation is wrong?

The AOPA article says

The new rule replaces “passengers” with “persons” and adds exceptions that allow a non-current instructor to provide instruction to a non-current trainee—but only for the purpose of the trainee regaining currency, only if the trainee is otherwise capable of acting as PIC, and only if the instructor and trainee are the sole occupants.​

That’s correct. It’s what the revised regulation says.

 

[Lindberg]

So you mean Now, CFI must establish the currency, and conduct flight under 61.57(e)(5) right? and AOPA interpretation for new regulation is wrong?

The aopa interpretation is correct. The regulation used to use the word passenger, but now it uses the word person. As a result, it now applies to flight training.

The exception exists because currency only applies to the PIC. So if the "student" is current and able to act as PIC, the CFI does not need to be current. Under the prior rule, neither the CFI nor the student ever needed to be current. And the exception maintaind this condition for a narrow circumstance. It says that a non-current CFI can still fly with a non-current student, so long as the flight is only for the purpose of restoring the student's currency. Once the student is current again, they can do other instruction, as long as the student can act as PIC.