Legal Interpretations
Olshock-PanAm3 2007
Summary
The Question
When a commercial multiengine applicant logs time performing pilot-in-command duties with an instructor under 14 CFR 61.129(b)(4), may others be aboard?
Background
Pan Am International Flight Academy asked whether an additional passenger may be aboard when a commercial multiengine applicant performs PIC duties with an instructor to meet 14 CFR 61.129(b)(4), believing the solo intent of the rule prevents it.
The FAA’s Interpretation
Yes, as the instructor determines. Performing PIC duties with an instructor is an alternative to solo time but is not solo flight time, and the instructor may decide how many persons are aboard. If two crewmembers are required, those aboard could include the PIC, the SIC, and the instructor, and the instructor may also permit others aboard for instructional purposes.
- Requester
- Olshock
- Organization
- PanAm3
- Issued
- March 16, 2007
- Subject
- Pilot Certification & Privileges
Regulations Cited
Page 1
U.S.Department
of Transportation
Federal Aviation
Administration
MAR 1 6 2007
John G. Olshock
Chief Ground Instructor
Pan Am International Flight Academy
Career Pilot Division
530 W. Deer Valley Road, Ste. 300
Phoenix, AZ 85027
Dear Mr. Olshock:
This responds to your letter dated November 17, 2006, requesting a clarification of 14 C.F.R. § 61.129. Below we set forth the applicable regulation in pertinent part and respond to your question.
Sec. 61.129 Aeronautical experience.
(b) For an airplane multi engine rating. Except as provided in paragraph (i) of this section, a person who applies for a commercial pilot certificate with an airplane category and multiengine class rating must log at least 250 hours of flight time as a pilot that consists of at least:
(4) 10 hours of solo flight time in a multi engine airplane or 10 hours of flight time performing the duties of pilot in command in a multi engine airplane with an authorized instructor on the areas of operation listed in Sec. 61.127(b)(2) of this part .
You ask the following question: "If the pilot receiving training for the issuance of a commercial pilot certificate with a multi engine class rating is performing the duties of pilot in command to meet the solo requirements with an authorized instructor on board the airplane, may there be an additional passenger on in the airplane?" You state that you "believe the spirit of the regulation prevents this from being authorized ~ince the intent is to satisfy the solo flight time requirements specific to this section." The requirements of section 61.129(b) (4) may be met either by "10 hours of solo flight time" or "10 hours of flight time performing the duties of pilot in command ... with an authorized.inst~c!or': in ~ ~u}~i~l!gil!~ ~irp~an~'_~ile _th~l~t!~r ~pti~?_l"~qui!es_t~e_pi!o!to perform the duties of pilot in command, which are similar to the responsibilities for solo piloting, it is not solo flight time. The instructor may determine how many persons are allowed on the aircraft during a flight where the pilot in command holds a multi engine class rating and is logging flight time to meet the requirements for a commercial pilot certificate under section 61.129 (b)( 4). If two crewmembers are required for proper operation the aircraft, the persons aboard the aircraft could include the pilot in command, the second in command and the instructor. The instructor also may permit others on board for instructional purposes.
Page 2
This response was prepared by Viola Pando, Attorney in the Regulations Division of the Office of the Chief Counsel. If you have additional questions regarding this matter, please contact us at your convenience at (202) 267-3073.
Rebecca B. MacPherson
Assistant Chief Counsel, Regulations Division
Regulations Referenced
Snapshot retrieved August 6, 2026.