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Legal Interpretations

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Arthur 1995

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Summary

The Question

Does a flight instructor need a second or third class medical certificate to give flight instruction for compensation?

Background

Patricia J. Arthur, L.L.C. asked whether a flight instructor giving flight instruction for compensation must hold a second or third class medical certificate. The FAA answered after receiving guidance from the Chief Counsel's office.

The FAA’s Interpretation

It depends. If the flight instructor is not acting as pilot in command of the aircraft in which the instruction for compensation is given, no medical certificate is required. If the instructor is also acting as pilot in command of that aircraft, the instructor must hold at least a third class medical certificate.

Requester
Arthur
Issued
October 25, 1995
Subject
Medical Certification

Page 1

Oct 25, 1995
Patricia J. Arthur, L.L.C.
8400 E. Prentice Avenue Penthouse
Engelwood, CO 80111
RE: Medical certificates for Flight Instructors
Dear Ms. Arthur:

In our letter to you of June 26, 1995, we stated that we would delay answering your May 24, 1995, request for an opinion until the agency's position in this matter was clarified. We have now received guidance from the Chief Counsel's office in Washington, D.C., and can respond to your request.

You have asked whether a Second or Third Class medical certificate is required for a flight instructor to give flight instruction for compensation. If the flight instructor is not acting as pilot in command of the aircraft in which he or she is giving instruction for compensation, then no medical certificate is required. If on the other hand the instructor is also acting as the pilot in command of the aircraft in which the instruction for compensation is being given, the instructor must hold at least a Third Class medical certificate.

I hope that this answers your concerns. If you have any further questions, feel free to give me a call at (206) 227-2759.

Sincerely,

PETER R. LAYLIN Attorney

Snapshot retrieved August 6, 2026.

Summary

The Question

Does a flight instructor need a second or third class medical certificate to give flight instruction for compensation?

Background

Patricia J. Arthur, L.L.C. asked whether a flight instructor giving flight instruction for compensation must hold a second or third class medical certificate. The FAA answered after receiving guidance from the Chief Counsel's office.

The FAA’s Interpretation

It depends. If the flight instructor is not acting as pilot in command of the aircraft in which the instruction for compensation is given, no medical certificate is required. If the instructor is also acting as pilot in command of that aircraft, the instructor must hold at least a third class medical certificate.

Requester
Arthur
Issued
October 25, 1995
Subject
Medical Certification