Passengers on instructional flights

The two letters you cited talk about "an current except for 61.57(b)" and a response limited to 61.57(b). My interpretation is that the instructor is assumed to my current by 61.57(a) but can give dual at night even if not night current. Are you saying that would still be OK if the CFI was not 90 day current at all?
I'm not saying it -- the Chief Counsel said it when he signed the letter saying, "for the application of 61.57," not "for the application of 61.57(b)."
Personally, for the sake of my ticket and liability, I am going to be current for any operation to be performed. In the event something gets bent, even if the FAA is on board, the insurance company could have grounds to not pay the claim.
That's between you and the insurance company and the wording in the insurance policy.
 
I will defer to you and the lawyers on the board. I have read both those letters three times and can only see where she is talking about 61.57 (b).
 
I'm not clear on how a CFI can act as the required PIC on a flight with a student pilot and NOT be paid to fly.

Oh, he's flying, but he's being paid to teach, not fly. The flying is incidental to his primary purpose of teaching.
 
I'd be more concerned about the insurance company than the FAA, quite frankly.

-Rich
 
I'd be more concerned about the insurance company than the FAA, quite frankly.

-Rich
That may be where the concern stems from, though the FAA was definitely the rationale used for saying it's not allowed.
 
I'm not clear on how a CFI can act as the required PIC on a flight with a student pilot and NOT be paid to fly.
Neither am I, but the FAA Chief Counsel is, and has said so in writing in a manner providing force of law. For the "why" part of this, you'd have to address your question to:

Chief Counsel
Federal Aviation Administration
AGC-200
800 Independence Avenue, SW
Washington, DC 20591
 
An instructional flight was exactly how I was able to fly five of my kinfolk over some Hawaiian volcanoes in a C207 for about half the price of a 'sight seeing flight' for the same number of people in the same aircraft.
 
The non-student doesn't have a logbook, has no intention of getting one (yet:fcross:) and couldn't show any educational purpose for being in the plane.

I have to say that I'm not aware of any restrictions like this from the FAA or other regulatory agencies, but a friend told me that the FAA doesn't allow it. I haven't had a chance to ask for references for the statement yet.
BS. My Father-In-Law came along, my wife came along. Now if they were paying for passage somewhere that would be another issue. Ron's already given the counsel opinions.

I wouldn't do some of the more unsettling manuevers (stalls or steep turns) with a non-pilot passenger aboard, but I think it's a really good idea for a student (in the X/C phase) to get some experience operating the airplane at or close to max gross weight. Better to do it the first time with the CFI on board, than post-checkride.
 
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An instructional flight was exactly how I was able to fly five of my kinfolk over some Hawaiian volcanoes in a C207 for about half the price of a 'sight seeing flight' for the same number of people in the same aircraft.
Y'see, now that's the kind of thing the FAA starts questioning if they hear about it -- especially if the aircraft operator doesn't have authorization for sightseeing flights. Since catmandu is a real pilot (we assume), maybe it works, but then again, maybe it doesn't.
 
Y'see, now that's the kind of thing the FAA starts questioning if they hear about it -- especially if the aircraft operator doesn't have authorization for sightseeing flights. Since catmandu is a real pilot (we assume), maybe it works, but then again, maybe it doesn't.
Well, let's assume his tag line is accurate: "Comm ASEL AMEL IA". Let's further assume that this is a checkout in a new plane. How is this different from Jill taking Jack with for dinner as she and her instructor do a dual XCountry? Because there are sightseeing flights offered in the area?:huh: Maybe this is more of a gray area than I'd though.
 
One other reason to allow this: I would have preferred that my first flight in a 172 at gross weight had a CFI onboard. As it was, I did all my training with just me and my CFI -- and my first time filling it up with passengers and just enough fuel to stay legal was a real eye opener on takeoff and climb performance...

Chris
 
Well, let's assume his tag line is accurate: "Comm ASEL AMEL IA". Let's further assume that this is a checkout in a new plane.
Assuming facts not in evidence, plus no evidence that he's actually being trained and the operator isn't just dodging the 91.147 rules. I suspect that if the FAA sees a pattern of this happening, they'll be looking into that operator's operation.

How is this different from Jill taking Jack with for dinner as she and her instructor do a dual XCountry? Because there are sightseeing flights offered in the area?:huh:
Because, as stated in the post, this was admittedly a dodge to avoid calling it a sightseeing flight in an area where such flights are subject to considerable extra regulation. Jill's situation clearly is not.

Google "duck rule" for more on this sort of thing.
 
Assuming facts not in evidence, plus no evidence that he's actually being trained and the operator isn't just dodging the 91.147 rules. I suspect that if the FAA sees a pattern of this happening, they'll be looking into that operator's operation.

Because, as stated in the post, this was admittedly a dodge to avoid calling it a sightseeing flight in an area where such flights are subject to considerable extra regulation. Jill's situation clearly is not.

Google "duck rule" for more on this sort of thing.
Well, since it's my scenario, I can assume whatever facts I please! :)

Now, moving away from my scenarios, I know that if I'm on vacation somewhere, I'll try to get training with a local CFI and would like to have my spouse with me in the plane. It truly has multiple purposes. I always want additional training. I like having a pilot familiar with the local reporting points and area. And I like doing some sightseeing. Personally, I think that's clearly a training flight and not an attempt to skirt the part 135 of flightseeing rules. I think that it passes the duck test.
 
Well, since it's my scenario, I can assume whatever facts I please! :)

Now, moving away from my scenarios, I know that if I'm on vacation somewhere, I'll try to get training with a local CFI and would like to have my spouse with me in the plane. It truly has multiple purposes. I always want additional training. I like having a pilot familiar with the local reporting points and area. And I like doing some sightseeing. Personally, I think that's clearly a training flight and not an attempt to skirt the part 135 of flightseeing rules. I think that it passes the duck test.
I would too. I've done this and the purpose of the flight was ALWAYS familiarization/checkout on a new aircraft and in a new operating area. The fact that there may have been sights to see was neat for the passengers, but not for me - I was busy learning. Since I paid the bill, the purpose was clearly for my training benefit.

If, in the same scenario, the other passengers paid the operator or paid me for the ride-along, that would be in my mind a fly-for-hire operation.
 
Now we are deep into "How many angels can dance on the head of a pin?" here....
In no other endeavor in life that I know of do we get into so many arcane discussions of how the "they" might feel about this or that... It is mind boggling the logic chopping that goes on, it's worse than a philosophy class on comparative religions...

Look, if the regs do not specifically prohibit something, then it is allowed... It is that simple...

denny-o
 
Look, if the regs do not specifically prohibit something, then it is allowed... It is that simple...

denny-o
Not when it gets in front of an Administrative Law Judge, it isn't. Things are the way they are, not the way we think they should be.
 
If it pleases the kangaroo court, my tag line is in fact correct, if not complete.

And the operator in Hawaii did operate as a tour company as well, using the same airplane, with the CFI in the left seat.

They were also not alone in offering this service, just the ones with the largest available aircraft (others used 172's).
 
Now, moving away from my scenarios, I know that if I'm on vacation somewhere, I'll try to get training with a local CFI and would like to have my spouse with me in the plane. It truly has multiple purposes. I always want additional training. I like having a pilot familiar with the local reporting points and area. And I like doing some sightseeing. Personally, I think that's clearly a training flight and not an attempt to skirt the part 135 of flightseeing rules. I think that it passes the duck test.
I agree. That's not the same as trying to dodge the Part 136 National Parks Air Tour Management rules or the like.
 
And the operator in Hawaii did operate as a tour company as well, using the same airplane, with the CFI in the left seat.
In that case, letting you fly the plane through the tour area might well have been a violation of Part 136. Can't say for sure without seeing the LoA and knowing exactly where you went.
 
Y'see, now that's the kind of thing the FAA starts questioning if they hear about it -- especially if the aircraft operator doesn't have authorization for sightseeing flights. Since catmandu is a real pilot (we assume), maybe it works, but then again, maybe it doesn't.

Just to be clear(er), do you agree that if a pilot is legally qualified (rated, current, properly endorsed) to act as PIC in the aircraft but the FBO's policies and/or insurance dictate that a checkout by their CFI is required prior to flight without said CFI onboard, there would be no FAR violation if the pilot's (non-pilot or otherwise) associates accompanied the pilot and CFI on a local flight with the CFI being compensated for his participation? Seems to me that in this case the CFI isn't required at all by any FAR so it's hard to see how his paid presence could make the flight illegal whether or not the flight involved what normally occurs during a "checkout".

Now if the non-CFI pilot wasn't fully PIC qualified in the airplane I can see how making a five island tour with little if any "instruction" given might appear in a different light.
 
Just to be clear(er), do you agree that if a pilot is legally qualified (rated, current, properly endorsed) to act as PIC in the aircraft but the FBO's policies and/or insurance dictate that a checkout by their CFI is required prior to flight without said CFI onboard, there would be no FAR violation if the pilot's (non-pilot or otherwise) associates accompanied the pilot and CFI on a local flight with the CFI being compensated for his participation?
Yes.

Seems to me that in this case the CFI isn't required at all by any FAR so it's hard to see how his paid presence could make the flight illegal whether or not the flight involved what normally occurs during a "checkout".
If the normal air tour falls under Part 135, or the operator's Part 136 or 91.147 LoA prohibits passengers manipulating the controls, this could be seen as a dodge around those rules, especially if the operator doesn't normally rent out the 207 or give training in it. But that's the operator's problem, not the unauthorized pilot's.

Now if the non-CFI pilot wasn't fully PIC qualified in the airplane I can see how making a five island tour with little if any "instruction" given might appear in a different light.
That could certainly make the quacking louder.
 
Now we are deep into "How many angels can dance on the head of a pin?" here....
In no other endeavor in life that I know of do we get into so many arcane discussions of how the "they" might feel about this or that... It is mind boggling the logic chopping that goes on, it's worse than a philosophy class on comparative religions...

denny-o

I look at it as "mental masturbation" (thumbs up to Sammy Hagar:thumbsup:).

Some people are consumed with the "boogy man" and love telling stories around the campfire. Same thing when talking about the Feds. Some will have you believe this evil creature has nothing better to do than run around the airport apron with a copy of the CFR's in one hand and his badge in the other just looking for someone to "bust".
 
I look at it as "mental masturbation" (thumbs up to Sammy Hagar:thumbsup:).

Some people are consumed with the "boogy man" and love telling stories around the campfire. Same thing when talking about the Feds. Some will have you believe this evil creature has nothing better to do than run around the airport apron with a copy of the CFR's in one hand and his badge in the other just looking for someone to "bust".
If you don't have at least a little concern about busting a reg, then you'll be like the millions of drivers on the road flinging about with wild abandon, speeding, running red lights, and the occasional "Any traffic in the pattern..".
In practice, there's a whole lot less enforcement going on than one is led to believe. That does not, EVER, mean you should go busting them because Joe Fed isn't looking.
 
If you don't have at least a little concern about busting a reg, then you'll be like the millions of drivers on the road flinging about with wild abandon, speeding, running red lights, and the occasional "Any traffic in the pattern..".
In practice, there's a whole lot less enforcement going on than one is led to believe. That does not, EVER, mean you should go busting them because Joe Fed isn't looking.

Absolutely agreed. I have never advocated anyone fly outside of the CFR's.
 
A lot of folks come up with some weird scenario, and then ask, "Is this legal?" If told "no," they get real upset and start arguing over what the rules ought to be, or whether or not the FAA is likely to catch them, or whether or not the Federal government has the right to tell us what to do, or what about if we change this detail or that detail in the original scenario. You want to know what the rules are? Fine, ask -- you can usually get straight answers based on the rules. You want to know what the chances are of getting caught if you do that, or what will happen if you do get caught? Whole 'nother story, with no real certainty of any answer you get.
 
I look at it as "mental masturbation" (thumbs up to Sammy Hagar:thumbsup:).

Some people are consumed with the "boogy man" and love telling stories around the campfire. Same thing when talking about the Feds. Some will have you believe this evil creature has nothing better to do than run around the airport apron with a copy of the CFR's in one hand and his badge in the other just looking for someone to "bust".

Unfortunately, it's that small percentage of the FAA inspector pool who appear to behave this way that we tend to remember. It's too bad the rest of you get painted with the same brush. I know two inspectors at the local FSDO (both work mainly with part 135 ops) and neither has ever been "out to bust" anyone. I think it helps that they are pilots themselves though. On the other side,we all remember the persecution of Bob Hoover including the overheard remarks made at an airshow by the two FAA employees who "busted" him.
 
Well, I talked with the shool that sparked this thread, and it appears that it is what I term a "rogue" inspector sparking this. He apparently insists that if a passenger goes up with an instructor and a student then it is in some way a "sightseeing" flight. Yes, I know that this is not true, and I know that they could prevail if they challenged him on this, but they're electing to let it slide. There could well be some nuances in his edict that escaped their notice, but for now the ban persists. Naught that I can do about it.
 
Well, I talked with the shool that sparked this thread, and it appears that it is what I term a "rogue" inspector sparking this. He apparently insists that if a passenger goes up with an instructor and a student then it is in some way a "sightseeing" flight. Yes, I know that this is not true, and I know that they could prevail if they challenged him on this, but they're electing to let it slide. There could well be some nuances in his edict that escaped their notice, but for now the ban persists. Naught that I can do about it.
Actually, there is something you can do -- contact the Manager of this rogue inspector's FSDO. If that doesn't stop it, a call to the Regional Counsel will.
 
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Hey, it's not a passenger. It's self-loading ballast to show the effects of
different W&B.

Seriously, my primary instructor would occasionally have a friend ride
in the backseat of the 172. It helped prevent me from getting used
a particular W&B configuration. IIRC, they do that at Embry Riddle
or at least they used to.
 
Seriously, my primary instructor would occasionally have a friend ride in the backseat of the 172. It helped prevent me from getting used a particular W&B configuration. IIRC, they do that at Embry Riddle or at least they used to.

We had passengers on my instructional flights for various reasons. It gets you used to additional distractions. My instructor was really good at having conversations and not shutting up when I needed him to. Excellent training on where the pilot isolate button is and how to use it. He'd just smile when I did that. :)
 
We had passengers on my instructional flights for various reasons. It gets you used to additional distractions. My instructor was really good at having conversations and not shutting up when I needed him to. Excellent training on where the pilot isolate button is and how to use it. He'd just smile when I did that. :)


I remember my wife sitting and knitting in the back of a Twin Comanche while props were stopping at a fearsome rate during my MEL training.

Bob Gardner
 
I remember my wife sitting and knitting in the back of a Twin Comanche while props were stopping at a fearsome rate during my MEL training.

Now that's just funny.
 
A lot of folks come up with some weird scenario, and then ask, "Is this legal?" If told "no," they get real upset and start arguing over what the rules ought to be, or whether or not the FAA is likely to catch them, or whether or not the Federal government has the right to tell us what to do, or what about if we change this detail or that detail in the original scenario. You want to know what the rules are? Fine, ask -- you can usually get straight answers based on the rules. You want to know what the chances are of getting caught if you do that, or what will happen if you do get caught? Whole 'nother story, with no real certainty of any answer you get.

Cow patties -- don't stink until you kick 'em.
 
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