Legal Interpretations

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In 1995 the FAA said a flight instructor needed a third-class medical certificate only when acting as pilot in command or a required flight crewmember, whether or not paid. That interpretation was rescinded as of July 23, 2023, because 14 CFR 61.23 was amended in 1997 to clarify when a flight instructor must hold a medical certificate or driver's license, and it may not be relied upon for any purpose.

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The FAA rescinded its 2006 Kortokrax interpretation, which had said a flight instructor who had not met the night takeoff and landing experience in 14 CFR 61.57(b) could still accompany a pilot without being a passenger. A 2024 memorandum confirms the rescission took effect July 23, 2023, and the interpretation may no longer be relied on.

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A 2007 FAA interpretation let an instructor who was not night current fly at night with a student pilot because the two are not passengers to each other. The FAA rescinded that interpretation as of July 23, 2023, finding it unsupported by current regulations, so it may no longer be relied upon.

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In 2014 the FAA said a flight instructor with an expired medical could instruct a private pilot not current to carry passengers under 14 CFR 61.57(a). A 2024 memorandum records that the FAA rescinded that Schaffner interpretation as of July 23, 2023, because it rested on the unsupported conclusion that an instructor and trainee are not passengers to one another, so it may not be relied upon.

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Louisville Aviation asked whether the 5 hours of instrument training required for a commercial helicopter certificate under 14 CFR 61.129(c)(3)(i) can be done outside a helicopter. The FAA said no: only training in a helicopter or in a simulator or training device that replicates a helicopter counts, and it rescinded its 2011 Theriault interpretation, which had said otherwise.

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Of the 40 hours required for a private pilot airplane single-engine rating, the 20 hours of training from an authorized instructor must be in a single-engine airplane and cover the 14 CFR 61.107(b)(1) areas of operation, including the training in 14 CFR 61.109(a)(1) through (4). The 10 hours of solo must include the solo time in 14 CFR 61.109(a)(5).

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AOPA asked the FAA to resolve an apparent conflict among its interpretations on counting instrument-rating training toward the commercial pilot's five hours of instrument training. The FAA found no conflict: such training counts only if it actually meets 14 CFR 61.129(c)(3)(i), and it must be logged under 14 CFR 61.51 and documented to show it counts toward the commercial certificate. The answer applies to airplane and helicopter training.

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A requester argued that nothing prohibits flying a gyroplane under IFR or below VFR minimums. The FAA disagreed: 14 CFR 61.3(e) prohibits it because none of its certificate and rating requirements address gyroplanes, the lack of gyroplane instrument ratings does not change that, and no gyroplane is type certificated for IFR, so such a flight would violate both 14 CFR 61.3(e) and 14 CFR 91.9(a).

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A flight instructor asked whether discovery and introductory flights for people not seeking a pilot certificate fall under the 14 CFR 119.1(e) exceptions. The FAA said they are unlikely to be student instruction or training flights, but may qualify as nonstop commercial air tours if they meet the definition and conditions, including a Letter of Authorization under 14 CFR 91.147.

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A part 91 aviation manager asked who may sign the records, endorsement, and Form 8710-1 for a second-in-command type rating under 14 CFR 61.55(d). The FAA said the person who gave the training may, even a type-rated PIC without a flight instructor certificate, or a qualified management official in that person's organization. An applicant may not self-endorse, even with a flight instructor certificate.

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Southern California Soaring Academy asked why certificated pilots need a current flight review to solo while training for a new category or class rating. The FAA said 14 CFR 61.56 requires it and only rulemaking could change that, though it referred the issue to Flight Standards. Instructors cannot use a 14 CFR 61.87 student endorsement but may add limits and an expiration date to a 14 CFR 61.31(d) endorsement.

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Flight-engineer time creditable toward ATP total time under 14 CFR 61.159(c), at no more than 1 hour per 3 hours and 500 hours total, also counts toward the 1,500 hours required for a restricted ATP under 14 CFR 61.160(f). An applicant with 1,000 pilot hours, 500 credited flight-engineer hours, 200 cross-country hours, and the other 14 CFR 61.159 experience may apply.

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A flight instructor asked whether a single-engine commercial pilot applicant can mix solo time and pilot-in-command time with an instructor aboard to meet the 10-hour requirement of 14 CFR 61.129(a)(4). The FAA said no: the applicant must log all 10 hours under one alternative or the other, because the rule contains no combination language.

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A requester asked whether a helicopter instructor giving the five hours of instrument-reference training for a commercial certificate under 14 CFR 61.129(c)(3)(i) needs an instrument rating on the instructor certificate. The FAA said no: that training covers control and maneuvering solely by reference to instruments, which is not instrument training under 14 CFR 61.195(c).

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Alpha Technologies asked whether a pilot's G280 type-rating practical test also counts as a PIC proficiency check for its Gulfstream G150. The FAA said it may satisfy the 12-month check under 14 CFR 61.58(a)(1), but not the 24-month check under 14 CFR 61.58(a)(2), which must be completed in the same category, class, and type as the G150.

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An EASA examiner giving a flight test in an N-registered aircraft to a student holding only an FAA student pilot certificate must act as pilot in command for compensation or hire. That requires an FAA commercial pilot certificate and at least a second class medical certificate under 14 CFR 61.23(a)(2); a private pilot certificate is not enough.

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A flight instructor asked whether the 80 hours of instruction required by 14 CFR 61.195(h)(2)(v) before training first-time glider instructor applicants must be given in gliders. No: instruction given in airplanes and helicopters can count, but adding a glider rating does not by itself confer eligibility, and every requirement of 14 CFR 61.195(h)(2) must be met.

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A Gold Seal flight instructor asked whether the 3 hours of private pilot instrument training under 14 CFR 61.109(a)(3) count toward the instrument rating. The FAA said they count toward the 40 hours of instrument time in 14 CFR 61.65(d)(2), but toward the 15 hours of instrument training only if the instructor held an instrument rating on the flight instructor certificate.

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CAE Aviation asked whether a foreign pilot license can be used to fly a U.S.-registered aircraft anywhere in a foreign country's Flight Information Region, including over the sea beyond its territorial waters. The FAA said no: under 14 CFR 61.3(a), "within a foreign country" means its land and territorial waters, so the operation described requires an FAA-issued pilot certificate.

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A private pilot applicant must hold at least a third-class medical certificate to take the practical test, even when the examiner acts as pilot in command, and the FAA cannot issue the certificate without one. A student may train in the flight portion of a 14 CFR part 141 Appendix B course without a medical, but not solo. A student-pilot-only medical does not qualify for the practical test.

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A Part 125 and Part 135 operator flying between South Florida and the Caribbean asked which pilot age limits apply. The FAA said the limits are in 14 CFR 61.3(j): for qualifying international operations in U.S.-registered aircraft, no PIC age 60 or older in single-pilot operations and no pilot age 65 or older in multi-pilot operations. Flights entirely within U.S. airspace have no title 14 age limits.

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A requester asked whether 14 CFR 61.58(i) gives a grace month for pilot-in-command proficiency checks. The FAA said yes: a pilot may keep acting as PIC during the month after the check is due, but a check completed in that month counts as taken in the due month when computing the next one, so the grace month cannot regularly stretch the cycle.

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A private pilot with a single-engine land rating may apply for a commercial pilot certificate with a rotorcraft helicopter rating without first earning that rating at the private level. Properly logged commercial training stays valid if a private helicopter rating is added midway, but a commercial pilot adding a helicopter rating gets no shortcut and must complete the full 20 hours of training required by 14 CFR 61.129(c).

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A requester asked whether two instructors can share a flight review and whether a certificated pilot needs a current review to solo a glider while training for that rating. The FAA said two instructors may split the review if each endorses the logbook for their portion, and the pilot needs a current flight review under 14 CFR 61.56(c) to solo the glider.

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An airline transport pilot rated in airplanes and rotorcraft asked how to meet the pilot-in-command requirement for a commercial glider rating. The FAA said he must obtain a solo endorsement under 14 CFR 61.31(d), because without glider ratings the only way to act as or log PIC is solo flight under that endorsement. The rating requires at least 20 glider flights as PIC under 14 CFR 61.129(f)(2).

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FlyRight Holdings, a Part 142 simulator training center, asked whether it must keep its instructors' 14 CFR 61.189 records. The FAA said no: each flight instructor keeps those records personally, while the training center must keep the trainee and instructor records required by 14 CFR 142.73.

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A Canadian military pilot serving as a U.S. Army instructor pilot cannot get an FAA flight instructor certificate under 14 CFR 61.73. The foreign-pilot provision covers only a commercial pilot certificate and ratings, and the instructor provision in 14 CFR 61.73(g) applies only to U.S. military instructor pilots or examiners, regardless of equivalent U.S. training.

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The UK Civil Aviation Authority asked whether its "sub-ICAO" pilot licenses can be used to fly US-registered aircraft in the UK under 14 CFR 61.3(a)(1)(v). The FAA said yes: a license issued by the foreign country qualifies whether or not it meets ICAO standards, as long as the aircraft is operated only within that country.

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Jet-Care International asked whether a pilot with only a UK airline transport pilot license may fly a U.S.-registered aircraft in UK airspace. The FAA said yes: 14 CFR 61.3 allows it without limitation, including for salaried pilots of type-certificated aircraft, but a pilot holding only the UK license may not operate the aircraft outside the United Kingdom.

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Fly By Knight, Inc. asked how the 100-hour inspection rule applies to aircraft used for both instruction and rental. The FAA said it applies to flight instruction for hire, including solo training, but not to rentals without a school-provided pilot; the 10-hour allowance covers only flying en route to an inspection, and excess time must be subtracted from the next 100 hours even after an annual inspection.

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An individual asked whether two pilots may log time simultaneously in an AATD replicating a Boeing 737. The FAA could not answer without the details of the device's letter of authorization, noting an ATD may be used only for the purposes its LOA lists. It also said ground instructors may not give ATD training toward aeronautical experience requirements.

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When a commercial applicant flies the 14 CFR 61.129(a)(4) time performing PIC duties with an instructor aboard, a properly rated CFI may log PIC for the whole flight. The applicant logs the time toward 14 CFR 61.129(a)(4) and total time, not as dual received, and logs PIC only if holding a private pilot certificate with appropriate ratings.

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Under 14 CFR 61.51(g)(4), time in a flight simulator, flight training device, or aviation training device may be used for instrument recency experience provided an authorized instructor is present to observe it and signs the logbook or training record. A pilot gaining instrument experience exclusively in an ATD must perform the tasks listed in 14 CFR 61.57(c)(3) within the preceding two months.

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FlyRight Holdings, a part 142 training center, asked whether ATP knowledge test results earned before the August 1, 2014, ATP CTP requirement stayed valid. The FAA agreed they do: 14 CFR 61.156 applies only to those applying for the test after July 31, 2014, so unexpired earlier results can be used for the practical test for 24 calendar months.

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Under 14 CFR 61.195(h)(2), an instructor training an applicant for an initial flight instructor certificate must, among other requirements, have held a flight instructor certificate for at least 24 months. An instructor who gave no flight training in an aircraft also cannot endorse the applicant for the practical test or retest or sign the FAA Form 8710 recommendation.

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Larry Williams and Associates asked whether a mechanic with a private pilot certificate may flight test aircraft after performing maintenance. The FAA said yes: under 14 CFR 61.113(b), the flights are only incidental to his employment and carry no passengers or property for compensation or hire, so they do not violate 14 CFR 61.113.

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A safety pilot under 14 CFR 91.109 needs at least a private pilot certificate with category and class ratings appropriate to the aircraft, but does not need an instrument rating or instrument currency. In a single-pilot aircraft on an operation not requiring an SIC, the safety pilot is not an SIC under 14 CFR 61.55, though that does not preclude logging SIC time.

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A flight instructor asked whether a pilot whose U.S. private pilot certificate was issued on the basis of a foreign license under 14 CFR 61.75 must complete a flight review. Yes: 14 CFR 61.56(c) applies before acting as pilot in command of a U.S.-registered aircraft. The 14 CFR 61.75(b) provision allowing issuance without further showing of proficiency does not extend to flight reviews or recent experience requirements.

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A requester asked who may log PIC time when one pilot flies simulated instrument approaches in a twin with another pilot as safety pilot. The FAA said the flying pilot logs the whole flight as PIC; the safety pilot logs PIC for the simulated instrument portion only if acting as PIC, and otherwise SIC under 14 CFR 61.51(f). These rules apply whether or not the aircraft is multi-engine.

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A commercial airplane pilot adding a helicopter rating asked how pilot-in-command time could be credited and logged. The FAA said only 10 hours of performing PIC duties with an instructor aboard may count toward 14 CFR 61.129(c)(2); remaining PIC time must be logged as sole occupant. No 14 CFR 61.31(d) endorsement is needed for those dual hours, and a solo endorsement does not make dual training PIC time.

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An airline transport pilot asked whether lending an airplane to a private pilot friend is compensation under 14 CFR 61.113. The FAA said it is unlikely if the friend pays expenses and has no obligation to the owner, since value counts only when contingent on acting as pilot in command. The owner cannot violate 14 CFR 61.113 but may be considered an operator under 14 CFR part 91.

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The Patriots Jet Team asked whether its airshow pilots may fly on private pilot certificates and third class medicals if they get only the amenities other volunteers receive. The FAA said it depends on whether amenities are provided in exchange for flying; it found compensation likely, in which case the pilots exercise commercial privileges and need at least a second class medical.

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McKenna Long & Aldridge LLP asked whether the age-60 pilot pairing rules apply when a part 121 flight diverts abroad. The FAA said a PIC may deviate only in a genuine emergency; a diversion to a listed alternate is not itself one, so the pairing rules apply, including on the return once any emergency ends.

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A flight instructor renewing early with a FIRC must apply within 3 calendar months of completing it. The new expiration is 24 calendar months from the current expiration only if the FIRC itself was completed within the 3 calendar months before expiration; otherwise it is 24 calendar months from the month of application.

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A flight instructor need not retake the fundamentals of instructing test for a ground instructor certificate, under 14 CFR 61.213(b). But holding an instrument rating does not satisfy 14 CFR 61.213(a)(4)(iii); an applicant for an instrument ground instructor certificate must pass the instrument ground instructor knowledge test.

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A pilot with a type rating limited to SIC privileges, such as for the S-61, may not log pilot-in-command time under 14 CFR 61.51(e)(1)(i), because that rule requires a type rating without the "SIC Privileges Only" limitation. The FAA reaffirmed its 2012 Counsil interpretation.

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A private energy company's Director of Aviation asked which company flights he could fly as a private pilot under 14 CFR 61.113(b). The FAA said maintenance test flights are incidental and permitted, but carrying company correspondence or other company pilots is not, nor is aerial observation that is a foreseeable, regular part of the business. It lacked enough facts to fully answer about flights meant to keep the aircraft airworthy.

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A rated pilot who lacks the complex or high-performance endorsements may still log pilot-in-command time under 14 CFR 61.51(e) while sole manipulator of the controls, even though another pilot acts as PIC. The endorsements in 14 CFR 61.31(e) and (f) are needed to act as PIC, not to log PIC time.