Flight Instructors Responsibility

[rotorhead]

When a CFI is giving instruction to a rated pilot, who is ultimately responsible for that flight? And is this written anywhere?

Email:rs1959@optonline.net

[cirrusownerandCFI]

Safety of the flight is defined in FAR 1.1:

Pilot in command means the person who:

(1) Has final authority and responsibility for the operation and safety of the flight;

(2) Has been designated as pilot in command before or during the flight; and

(3) Holds the appropriate category, class, and type rating, if appropriate, for the conduct of the flight.

There are a few things to consider. Just because you are rated in the aircraft doesn't mean you can ACT as PIC. First of all, your instructor is a passenger. For airplanes, if you have not done the required takeoffs and landings in the last 90 days, then you cannot act as PIC carrying passengers. Also, if the aircraft is a convention gear airplane, complex or high performance, then you need to have the appropriate ground & flight training and endorsement. Even though you are "rated" in the aircraft (category, class and type), you cannot act as PIC unless you have that endorsement. Also if you are not instrument rated you cannot act as PIC in an aircraft in conditions less than VFR or while on an IFR flight plan. Or if you are instrument rated, you may not be instrument current and therefore cannot act as PIC.

Making the assumption that you can act as PIC while carrying passengers, then you must decide with your instructor as to who will act as PIC base on FAR 1.1 above. It can change during flight if the situation arises. However, there can be only one PIC.

However, it has been shown that even if the instructor is not the acting PIC, there have been cases where the instructor has been held to a much higher level and has taken some of the blame.

Under National Transportation Safety Board (NTSB) case law, determining who acted as PIC of a particular flight can depend on a variety of circumstances, including but not limited to who owned the aircraft; who sat in the left seat; who handled the controls and radio communications; who decided the details of the flight; who exercised decisional authority with respect to emergency situations; who logged the time as pilot-in-command time; and what the understanding between the parties was. See Administrator v. D.J. Cooper, NTSB Order No. EA-4433 (February 22, 1996).

[Denny of Oakland]

If you have a CFI onboard for training and a violation takes place, in the eyes of the FAA the CFI would be held responsible. Or worse case an accident, the CFI will in all cases be held responsible. Remember the CFI is only responsible if he is providing training.