14 CFR § 61.47

An examiner represents the Administrator for the purpose of conducting practical tests for certificates and ratings issued under this part and to observe an applicant's ability to perform the areas of operation on the practical test.

The examiner is not the pilot in command of the aircraft during the practical test unless the examiner agrees to act in that capacity for the flight or for a portion of the flight by prior arrangement with:

The applicant; or

A person who would otherwise act as pilot in command of the flight or for a portion of the flight.

Notwithstanding the type of aircraft used during the practical test, the applicant and the examiner (and any other occupants authorized to be on board by the examiner) are not subject to the requirements or limitations for the carriage of passengers that are specified in this chapter.

An examiner may not conduct a practical test for the issuance of an initial category and class rating (if a class rating is required) at the private, commercial, or airline transport pilot certificate level in an aircraft that requires a type rating or a flight simulator or flight training device that represents an aircraft that requires a type rating unless:

The applicant meets the eligibility requirements for a type rating in that aircraft or already holds that type rating on their certificate; and

The practical test contains the tasks and maneuvers for a type rating specified in the areas of operation at the airline transport pilot certification level.