September 18, 1995

E.V. Fretwell
7130 Davis Ford
Manassas, VA 22111

Dear Mr. Fretwell:

Thank you for your letter of March 17, 1995, to the Federal Aviation Administration (FAA) regarding the medical requirements for a certificated flight instructor.

Flight instructor eligibility requirements are in Section 61.183 of the Federal Aviation Regulations (FARs) (14 C.F.R. Part 61, Section 183). FAR Section 61.183, however, does not address medical certification requirements. It has been, and continues to be, the interpretation of the FAA to require a third class medical certificate for a certificated flight instructor who is acting as pilot in command or as a required flight crewmember while giving flight instruction. A certificated flight instructor who is not acting as pilot in command or as a required flight crewmember while giving flight instruction need not possess a valid medical certificate. (See Attachment, Part 61 Certification Bulletin No. 81-2).

Section 61.19(d)(1) of the FAR (14 C.F.R. Part 61, Section 19(d)(1)) states, in pertinent part, that a flight instructor certificate is effective only while the holder has a current pilot certificate and a medical certificate appropriate to the pilot privileges being exercised. (Emphasis added)

The FAA has determined that the compensation a certificated flight instructor receives for flight instruction is not compensation for piloting the aircraft but is rather compensation for the instruction. A certificated flight instructor who is acting as pilot in command or as a required flight crewmember and receiving compensation for his or her flight instruction is exercising only the privileges of a private pilot. A certificated flight instructor who is acting as pilot in command or as a required flight crewmember and receiving compensation for his or her flight instruction is not carrying passengers or property for compensation or hire, nor is he or she, for compensation or hire, acting as pilot in command of an aircraft. Therefore, since a certificated flight instructor who is acting as pilot in command or as a required flight crewmember and receiving compensation for his or her flight instruction is exercising the privileges of a private pilot, he or she only needs to hold a third class medical certificate. In this same regard, the FAA has determined that a certificated flight instructor on board an aircraft for the purpose of providing flight instruction, who does not act as pilot in command or function as a required flight crewmember, is not performing or exercising pilot privileges that would require him or her to possess a valid medical certificate under the FARs.