CFI Medical

[Timruk1]

What class medical is needed to be a CFI? Two doctors, one from PA, the other from Ok, both say to be a flight instructor only a class III medical is needed. However others have said you need a class II medical. A CFI that I spoke to said that you don't need a class II to take the checkride for CFI but you do need class II to exercise privliges of CFI. WHO IS CORRECT? Thanks!

Actually, you don't need any medical unless your are exercising the privileges of your pilot's certificate FAR 61.3(c)(1) and FAR 61.23(b)(5). In other words, you are ACTing as PIC. Remember that an instructor's certificate is NOT a pilot's certificate. So as long as the instructor doesn't have to ACT as PIC then no medical is required. For example, a student working on their commercial may be able to ACT as PIC for every flight lesson and therefore the instructor doesn't have to have a valid medical. On the other hand, a private pilot student can't ACT as PIC unless they are solo, therefore, the instructor must ACT as PIC during training, hence the instructor must have at least a valid third class medical.

As for the checkride, again, if the examiner agrees to ACT as PIC (not the usual case) then you don't need a medical at all. However, normally the applicant for any checkride (even the private checkride) acts as the PIC. This requires the applicant to have a current third class medical. See FAR 61.47(b) and 61.39(a)(4). This is true for any checkride (other than those ratings that don't require a medical---like a glider rating). Both the commercial, ATP as well as instructor checkrides only require a third class medical to take the checkride if the applicant ACTs as the PIC.

[Timruk1]

scottd, Thank you very much. Your info has been most helpful!!! Tim

[HighFLyer]

Scott sent you on the right direction, but there is a little more to the equation. 14-CFR requires a CFI candidate to posses a 3rd class medical for any checkride. In order to exercise those priveledges any time he is a required member of the crew (not just PIC as scott stated) the CFI must posses a 2nd class medical.

HighFlyer,

Don't know that I agree with you. First of all, not all CFIs require a medical (glider CFI or Balloon CFI, FAR 61.3(c)). Also, if the examiner agrees to ACT as PIC on any practical, a medical is not necessary (see FAR 61.47(b))

What regulation requires the CFI to exercise the privileges of a commercial? If you must ACT as PIC (private student pilot, for example), then you only need a 3rd class medical. If you are a required crewmember by regulation -- a "safety pilot," for example, then you would only need a 3rd class medical. The only time you would need to have a second class medical is when you are exercising the privileges of your commercial pilot's certificate. I'm not sure I know of an example when this would happen or be required. Instructors don't exercise the privileges of their commercial certificate when they instruct. See FAR 61.23(a)(3)(iv) which indicates that only a third class medical is necessary. Go on to read 61.23(b)(5) as well.

[David A.]

If a CFI is getting paid for his services, then he is "exercising" his commercial privileges and needs a 2nd class medical.

If a CFI is not getting reimbursed for his instruction (example: giving a family member flight instruction), then you only need a 3rd class medical.

If there is an "incident" where the CFI in the airplane does not have a medical; then the CFI will get hammered by the FAA. The FAA will not buy into the "semantics game" of who is really the PIC.

"If there is an "incident" where the CFI in the airplane does not have a medical; then the CFI will get hammered by the FAA. The FAA will not buy into the "semantics game" of who is really the PIC."

Absolutely not. It is clear in the regulations when an instructor needs a medical and when he/she does not. There's no game. Only one pilot can ACT as PIC and it does NOT need to be the instructor. The FAA cannot hammer an instructor when something goes wrong if the instructor is not ACTing as PIC. Now, the insurance company and lawyers are a different thing. Read FAR 61.23(b)(5):

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

(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."

I think that's pretty clear. If the instructor is not ACTing as PIC then they are not exercising the privileges of ANY pilot certificate, so NO medical is required.

Here's a legal interpretation supporting this issue:

*****************************************

MR. WILLMOT E. WHITE

Dear Mr. White:

This is in response to your letter of August 13, asking whether a certificated flight instructor (CFI) would be permitted to perform certain instructing duties without a valid medical certificate. You also state that the flight instructor would not necessarily have to act as pilot in command.
Section 61.3(c) of the Federal Aviation Regulations provides, in pertinent part, that no person may act as pilot in command or in any other capacity as a required flight crewmember of an aircraft under a certificate issued under part 61, unless that person has in his or her personal possession an appropriate current medical certificate issued under Part 67. Section 61.19(d)(1) provides that a flight instructor certificate is effective only while the holder has a current pilot certificate and a medical certificate appropriate to the pilot privileges being exercised.
Accordingly, a CFI giving flight instruction need not possess a valid medical certificate if the instructor is not exercising pilot privileges as pilot in command or a required crewmember.
It would be necessary for the CFI to act as pilot in command if the person being instructed were not qualified to do so, eg. if that person had not and the biennial flight review required by Section 61.57(a). similarly, the type certificate of the aircraft on which instruction is being given requires more than one pilot crewmember, the CFI would have to act as a required crewmember, unless another qualified pilot is in the aircraft.
We trust this satisfactorily answers your question.

Sincerely,

Original Signed by Carl B. Schellenberg
CARL B. SCHELLENBERG
Assistant Chief Counsel
Assistant Chief Counsel
Regulations and Enforcement Division
Office of the Chief Counsel

***************************************

It is a misconception that you need a second-class medical to instruct (whether or not you get paid). You need a commercial certificate to get the flight instructor's certificate. By instructing you are not exercising the privileges of your commercial certificate.

[alesha_mwd]

This is from AOPA.ORG:

"At the pilots' convention I mentioned earlier, there was an urban legend floating around that you needed a second class medical certificate to teach; some of the instructors there opined that you couldn't accept money for training without a second class medical. FAR 61.23(a)(3)(iv) tells us that a person must hold at least a third class medical certificate when exercising the privileges of a flight instructor certificate if the person is acting as the PIC or serving as a required pilot crew member. A second class medical isn't mentioned, nor is it noted in the eligibility requirements for flight instructors in FAR 61.183. There is no reference to the circumstances under which you cannot accept money for flight instruction.

This myth probably emerged from a seemingly logical thought process that starts with the requirement for a second class medical in order to be paid as a commercial pilot or ATP. Since you can't be a flight instructor without a commercial or ATP certificate, the reasoning goes, you can't accept money without a second class medical. The logic is sound, but it just isn't true. When you instruct, you aren't being paid as a pilot; you're being paid as a teacher.

I caution those who routinely apply for a second or even first class medical certificate when they don't require it. A friend of mine would always apply for a first class medical certificate although he only required a third class. He was a Rambo type who prided himself on his physical conditioning and relished a tofu and fruit diet. Once we went to the aviation medical examiner together for our physicals. He went for his traditional first class, and I opted for my normal third class, feeling lucky to get it. The AME discovered that my friend had a minor eye problem, and he was disqualified for a first class medical certificate. When you have a disqualifying condition, you are not just bumped down to the next lower class; you walk out of the doctor's office with no medical certificate at all. That day I got my third class, but my friend had no medical at all and had to reapply. The lesson learned here is not to apply for a class of certificate higher than you need. A third class is all that's required to be a flight instructor."

http://www.aopa.org/asf/publications...m?article=4674

Alan