LOL! Sorry. Based on the number of people I’ve heard claim they knew someone who it happened to, I find the absence of any record of it actually happening makes it even more difficult to believe.
I’m not sure what “there wasn’t an accident” means. By far, most pilot deviation enforcement cases do not involve accidents. Over the course of all these years, not even one person ever challenged it?
Not that I wouldn’t expect the FAA to Look at the actions of every pilot in an aircraft after an in-flight deviation. PIC, safety pilot, crew, CFI, or passenger. They do.
FWIW, a copy and paste of the result of my research into this one. It’s already old, so I don’t know if the internal links need to be updated. The NTSB has changed them periodically.
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There are a few NTSB reports in which the probable cause of an accident included the actions of a CFI/passenger. But in all of them, the CFI was doing a more than just being a passenger. They range from the unfortunate, like this one where the Passenger/CFI, faced with an engine failure. attempted to help (I'm reading this report in the worst way. The report doesn't really tell us whether the CFI was "merely" a passenger. Personally, I think the result would have been the same if the passenger were not a CFI, but just another rated pilot.
http://www.ntsb.gov/ntsb/brief.asp?ev_id=20001211X15194&key=1
to the stupid, such as this one where the CFI "passenger" essentially talked another pilot into flying in marginal conditions with an inoperative artificial horizon and ended up sharing the blame for the accident..
http://www.ntsb.gov/ntsb/brief.asp?ev_id=20001208X05581&key=1
But the CFI in the back seat taking a nap and being held responsible for an accident? No hits.
Some might see these two (and the few others) as prime examples of the urban legend, but I think they illustrate two categories to be careful about.
In the first, taking action always involves the risk of being held for the consequences if you do it wrong. I'm not that thrilled with the idea, but I'm comfortable with accepting that level of responsibility. (Besides, despite the probable cause finding, I don't know whether there was any certificate action or civil legal action taken. There may not have been).
The other category is illustrative of a more general rule that if you act like a moron you're going to share the blame for what happens.
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