Legal Interpretations

FlightPush Summary

A private pilot asked whether he could run a hobby aerial photography business with a private pilot certificate. The FAA said no: a 1987 interpretation from the Chief Counsel's office, which takes precedence over a conflicting 1995 regional letter, found that flight operations are integral to an aerial photography business, so the pilot must hold a commercial pilot certificate.

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A law firm asked whether a non-profit could reimburse U.S. private pilots for fuel and airport charges on volunteer conservation flights abroad in U.S.-registered aircraft. The FAA said no: the pilots exercise U.S. certificate privileges, so 14 CFR 61.113 applies, and none of its exceptions fits these facts. The answer assumes the pilots hold no license from the foreign country.

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Private pilots who fly a balloon in exchange for a free dinner from its owner receive compensation in violation of 14 CFR 61.113(a), and a dinner-for-advertising arrangement would require a commercial certificate. The owner paying part of the propane also violates the 14 CFR 61.113(c) expense-sharing rule unless the owner is a passenger on those flights.

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A requester asked three helicopter training questions under 14 CFR part 61. The FAA said a non-IFR-certified helicopter may fly on an IFR flight plan if it stays in VMC, that instrument rating training does not satisfy 14 CFR 61.129(c)(3)(i), and that a night cross-country flown during private pilot training cannot count toward the commercial pilot requirement.

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A private pilot who meets 14 CFR 61.69 may act as pilot in command for compensation or hire when towing a glider or unpowered ultralight vehicle under the exception in 14 CFR 61.113(g), and is not limited to logging flight time. The private pilot still may not carry passengers or property in the tow plane for compensation or hire.

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An ATP-certificated pilot flew a canoe club team to a Molokai race and split costs with the passengers. The FAA said the 14 CFR 61.113(c) expense-sharing exception did not apply because the pilot's only purpose was transporting the team, and that carrying passengers for compensation in air commerce required a part 119 certificate even with an ATP certificate.

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A requester asked how pilots log cross-country time in various crew arrangements. The FAA said a safety pilot cannot, not being a required crewmember for the whole flight; both pilots in a two-pilot part 135 or 121 operation can; and pilots trading the controls of a single-pilot aircraft cannot count it toward part 61 requirements. A repositioning leg may be logged separately.

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An instrument rating applicant who is the sole manipulator of the controls may count cross-country time flown with an instructor in actual instrument conditions toward the 50 hours of cross-country PIC time. Logging PIC time for aeronautical experience differs from acting as PIC, which concerns final authority for the flight.

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Logging PIC time and acting as PIC are different. A pilot rated in the aircraft's category and class may log PIC time under 14 CFR 61.51(e) while sole manipulator of the controls of a complex or high-performance airplane, even without the 14 CFR 61.31(e) and (f) endorsements needed to act as PIC.

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A requester asked whether two pilots who trade off the controls on one flight may each log cross-country time toward the aeronautical experience requirements of 14 CFR 61.65(d). The FAA said no: only the pilot who conducts the entire flight, including takeoff, landing, and en route flight, as a required crewmember may log that time.

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An individual asked whether a 160-nautical-mile solo flight with an 80-nautical-mile leg, but no landing more than 50 nautical miles from the starting airport, meets the private pilot solo cross-country requirement. The FAA said no, because the flight must also meet the cross-country definition in 14 CFR 61.1(b)(3), which requires a landing more than 50 nautical miles straight-line from the original point of departure.

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A requester asked whether dual instruction from a flight instructor with a sport pilot rating counts toward a private pilot certificate with an airplane rating. The FAA said no, because that instructor is not an authorized instructor for that certificate under 14 CFR 61.109, though solo time and training from a subpart H instructor may be credited.

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The Kientzy Law Firm asked whether an ATP applicant can use an expired knowledge test. The FAA said yes under 14 CFR 61.39(b), if at the time of the practical test the applicant is employed as a flight crewmember by a part 121, 125, or 135 certificate holder and has completed its approved PIC qualification training; otherwise the test must have been passed within the previous 24 months.

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An individual asked whether the dual controls required for flight instruction under 14 CFR 91.109(a) include engine power controls. Yes: power controls must be easily reached and operable from both pilot stations, though the aircraft need not have two separate sets of power controls. Brakes, under a 2000 interpretation, are not required dual controls.

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A commercial balloon pilot asked whether 14 CFR 61.429(c) permits issuance of a flight instructor certificate with a sport pilot rating upon meeting 14 CFR 61.419. The FAA said yes: such a pilot need not already hold a sport pilot instructor certificate, so the earlier denial of the application was in error and the application would be processed accordingly.

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A pilot asked about a donated charity auction flight and employer reimbursement for business flights. The FAA said the charity flight requires 500 hours under 14 CFR 91.146 even if the pilot is unpaid, the employer may reimburse only solo business flights, and costs may otherwise be shared only with passengers having a common purpose.

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Receiving a ground instructor certificate does not count as the proficiency endorsement under 14 CFR 61.217(b). Every ground instructor, new or experienced, must meet 14 CFR 61.217(a) (at least 3 months as a ground instructor in the preceding 12 months) or 14 CFR 61.217(b) (an endorsement from an authorized ground or flight instructor) to provide instruction.

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A pilot asked three questions. The FAA said a pilot cannot choose right turns on a circling approach to a Class G airport without an operating control tower but may ask ATC to authorize them, that a practical test applicant may log PIC time for the test, and that an instrument approach must continue to the minimum descent altitude or decision height to count.

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A requester asked whether a qualified SIC may fly and log time in a Cessna 525 CitationJet equipped for single-pilot operation. The FAA said a second pilot may be assigned but may not log SIC time when only one pilot is required. Under part 135, if the operator elects before an IFR flight not to use the autopilot, two pilots are required and the SIC may log SIC time.

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Two private pilots shared a single-pilot IFR flight; one was instrument rated and acted as PIC, the other was not instrument rated but flew part of it. The FAA said the non-instrument-rated pilot may log PIC time as sole manipulator under 14 CFR 61.51(e), but the acting PIC may not log that same time because only one pilot was required.

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A requester asked whether a pilot may treat a short first leg as its own flight and the next two legs as a second flight so the second counts as cross-country time. The FAA said yes: nothing dictates how separate flights are logged, so the pilot may decide what is a flight or a segment, and the B-C-A flight qualifies because C is more than 50 nm from B.

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An individual asked what logbook endorsements apply when a pilot completes the 14 CFR 61.57 instrument proficiency check in an approved flight training device, and who may sign them. The FAA said the same endorsements generally apply as in an aircraft, but an Instrument Ground Instructor cannot endorse the check; only a CFII whose instrument rating is appropriate to the aircraft category and class can.

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Passing a flight instructor practical test does not automatically count as a flight review under 14 CFR 61.56(d), because it tests instructional skills rather than serving as a pilot proficiency check. If the applicant asks to combine the two, the examiner may evaluate the test toward a flight review and must record a completed review in the pilot's logbook.

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A flight instructor paid for instruction while acting as pilot in command needs only a third class medical certificate under 14 CFR 61.23(a)(3). The FAA also said student pilots may not act as pilot in command above scattered or broken clouds, instructors may sign any record the student presents as a logbook, and flight crewmembers need not fasten shoulder harnesses during taxi.

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An individual asked whether pilots flying the Cessna 525 single-pilot must take the proficiency checks required by 14 CFR 61.58. The FAA said it depends on the type rating: a CE-525 rating, earned with a two-pilot crew, triggers the checks, while a CE-525S single-pilot rating in an appropriately equipped airplane does not, though single-pilot authorization may depend on specified cockpit equipment.

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A CFII asked whether an instrument instructor may log approaches a student flies in actual instrument conditions and count them toward currency. The FAA agreed with earlier Flight Standards guidance: under 14 CFR 61.51(g)(2) the instructor may log the instrument time, and the instructor's oversight responsibility means the approaches count as "performed" for 14 CFR 61.57(c)(1).

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A requester asked whether an instrument rating cross-country flight under 14 CFR 61.1(b)(3) needs a leg longer than 50 nautical miles. The FAA said no specific leg must be that long, but the flight must include a landing more than 50 nautical miles in a straight line from the flight's original point of departure.

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A flight school asked whether CFI applicants may get right-seat proficient with a "junior" instructor before training with a "senior" instructor. The FAA said yes, but that preparation cannot replace or shorten the full initial training a first-time applicant must receive from an instructor qualified under 14 CFR 61.195(h).

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A requester asked whether a newly rated instrument pilot must immediately meet the instrument recent experience requirements of 14 CFR 61.57(c). The FAA said no: the six-calendar-month period begins when the pilot passes the practical test, much as an instrument proficiency check under 14 CFR 61.57(d) restarts the clock.

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Pan Am International Flight Academy asked whether others may ride along while a commercial multiengine applicant logs PIC-duty time with an instructor under 14 CFR 61.129(b)(4). The FAA said that time is not solo flight time and the instructor may decide who is aboard, including others permitted for instructional purposes.

FlightPush Summary

The 50 hours of cross-country PIC time and 40 hours of actual or simulated instrument time for an instrument rating may be logged concurrently, so the same flights can count toward both. Instrument time counts as cross-country only if it meets the 50-nautical-mile landing definition, and the FAA considered completing all instrument training on cross-country flights unrealistic.

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A military KC-135 copilot asked whether time as sole manipulator of the controls could be logged as PIC time. The FAA said yes: having completed the pilot proficiency check, the pilot is considered rated in the aircraft, so the time counts as PIC time under 14 CFR 61.51(e)(1)(i).

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Ogden, Newell & Welch asked whether a charity could fly needy patients for free under 14 CFR part 91 with volunteer pilots and donor-funded expenses. The FAA said no: donor-paid expenses and flight hours are compensation, so a 14 CFR part 119 certificate is required. Pilots who donate their time and pay all expenses themselves may log the time and may be eligible for a tax deduction.

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A representative of a pilot holding only a Belgian/JAA license asked whether the pilot could fly a U.S.-registered aircraft in any country recognizing that license. The FAA said no: 14 CFR 61.3(a)(1) requires the license to be issued by the country where the aircraft is operated, and the FAA's validation of the Belgian license covers only flights within Belgium.

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A requester asked how an SIC in 14 CFR part 121 operations may log time. The FAA said the SIC logs instrument time as SIC instrument time, cannot log an approach the PIC flew for currency, and may log PIC time while sole manipulator of an aircraft for which the SIC is rated, even though the designated PIC remains PIC and also logs it.

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Air Surveillance Corporation proposed an aerial surveillance and crime-prevention service using light aircraft. The FAA said the flights would be an integral part of the business, not merely incidental to it, so pilots paid to act as pilot in command need at least a commercial pilot certificate under 14 CFR 61.118. Receiving flight time to build hours also counts as compensation.

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The Confederate Air Force asked whether amenities and flight time given to its volunteer pilots are compensation. The FAA said amenities count only if conditioned on flying CAF aircraft, and free flight time counts unless pilots pay full operating costs or do not log it. Compensated pilots need a commercial certificate and second-class medical; otherwise a private certificate and third-class medical suffice.

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An airman who upgraded to an ATP certificate while appealing a revocation order asked the FAA to reissue the ATP and ratings without requalifying. The FAA denied the request: under agency policy, a revocation order applies to a certificate upgraded during the appeal, and the commercial certificate was surrendered, not merely supplemented, when the ATP was issued.

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An individual asked whether high performance airplane endorsements under 14 CFR 61.31(e) should distinguish airplanes over 200 horsepower from complex airplanes. The FAA said no: under the rule as then written, one endorsement as recommended by AC 61-65C covers both. Separate endorsements would become appropriate if a pending 1995 proposal splitting the two categories took effect.

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A commercial pilot convicted of federal drug offenses not involving an aircraft asked about the certificate. The FAA said 14 CFR 61.15 makes such a conviction grounds for suspension or revocation and its practice is revocation; a new certificate may be sought one year later by retaking the written and flight tests.

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A private pilot asked whether passengers from another company could share expenses on business trips the pilot was making anyway. The FAA said this should be consistent with 14 CFR 61.118 if carrying them is truly incidental, their services are independent of the pilot's business, and reimbursement covers only direct flight expenses paid by the passengers or their employer.

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A requester asked what counts as cross-country time for the airline transport pilot certificate. The FAA said there is no legal definition. Flight Standards counts commercial pilots' required-crewmember time with a landing elsewhere under air carrier rules, or under 14 CFR part 91, 14 CFR part 127, or 14 CFR part 137 when dead reckoning or navigation aids are needed, plus qualifying military flights beyond 50 nautical miles.

FlightPush Summary

Northwest Aviation Enterprises asked whether several balloon operations were for hire. The FAA said private pilots may fly balloons advertising their own company or employer when flying is incidental to their job, but a student pilot advertising another's business, or a private pilot flying another company's banner for pay, violates 14 CFR part 61. Rally items are generally compensation unless bought with the entrance fee or given to all.

FlightPush Summary

An individual asked how private pilots may share flight expenses under 14 CFR 61.118. The FAA said only direct costs of the flight may be shared, and a private pilot may not hold out to the public, so using a service that procures passengers from the general public for private pilots is prohibited.

FlightPush Summary

A flight instructor asked whether a third-class medical suffices for paid instruction. The FAA said an instructor needs no medical certificate when not acting as pilot in command or a required crewmember, but when instructing for compensation in either role the instructor exercises commercial pilot privileges and, under 14 CFR 61.3(c), must hold a second-class medical certificate.

FlightPush Summary

An Ohio administrative license suspension for refusing a chemical test after a driving-under-the-influence arrest is a motor vehicle action under 14 CFR 61.15(c)(2) and must be reported to the FAA, even without a conviction for that offense. The FAA had earlier advised that the client's reckless operation conviction need not be reported under 14 CFR 61.15(c)(1).

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Ontario Flight Service asked what expenses a private pilot may share with passengers. The FAA said only expenses directly attributable to the flight, such as fuel, oil, tie-down, landing or customs fees, and non-routine maintenance, and that the pilot may share the airplane's rental cost equally; the fuel-and-oil-plus-100% formula in 14 CFR 91.181(d) does not apply.

FlightPush Summary

In 1990 the FAA told the Soaring Society of America that a private pilot towing gliders carries no passengers or property, but that building flight time without paying the aircraft's operating costs counts as compensation. After the rule moved to 14 CFR 61.113, which lets private pilots tow gliders or unpowered ultralight vehicles under 14 CFR 61.69, the FAA rescinded the letter as of July 28, 2026.