Originally Posted by
FlareArmed
Actually, rickair, I got it from the AVR/AFS folks in OKC. They used to publish a list of FAQs for the various parts of the FARs; it reads like FAA interpretations of the rules in various applications - I'm sure you could google an old copy.
The bottom line is that flight instructors are exercising private pilot flight priviledges under their certificate and it is NOT considered flight for hire (that's why they only need a class 3 medical.) They're paid to teach.
Notwithstanding that, of course a company's FOM rules - one would be foolish to go counter to that. At my last airline our FOM used to have a restriction against doing flight instruction on the side - after some rational thought it was later (and quietly) removed. My current airline (I fly 737s) allows it as well.
- FA
The FAQ you are referring to (if I'm thinking of the same one) didn't address whether is was commercial flying or not. It just said a 3rd class medical was required. Here is an interpretation from the FAA chief councel's office (they are legally binding):
Your second question asks if this same flight crewmember may participate in the activities previously listed during a rest period if the work was done for another company, not ABC, and whether the flight crewmember could then accept an assignment with ABC for flight operations under Part 135, at the end of the rest period.
The answer is a qualified yes. ABC, as the certificate holder, has no way of forcing the flight crewmember to rest during a rest period. The prohibition against "other commercial flying" during a rest period applies to flying assigned by the certificate holder. The other commercial flying done by the flight crewmember does count against the daily 8 hour limitation if it is done before the Part 135 flying, and also counts against the pilot's quarterly and yearly flight time limitations. For example, 2 hours of "freelance" flight instruction by the pilot during his rest period limits him to only 6 hours of Part 135 flying time during that 24 consecutive hour period. Any other commercial flying done after the Part 135 flying does not count against the daily limitation, but still counts against quarterly and yearly totals.
An additional caution is that it is a violation of FAR 91.13 for a certificate holder or a flight crewmember to operate an aircraft in a careless or reckless manner so as to endanger the life or property of another. Lack of rest of the pilot is certainly a circumstance which could endanger others, and it is not necessary that the situation devolve into actual endangerment for there to be a violation of FAR 91.13. A certificate holder who uses a crewmember with knowledge of his or her lack of rest may be equally culpable along with the flight crewmember.
This interpretation has been prepared by Arthur E. Jacobson, Staff Attorney, Operations Law Branch, Regulations and Enforcement Division; Richard C. Beitel, Manager, and has been coordinated with the Air Transportation Division of the Flight Standards Service at FAA Headquarters. We hope it has satisfactorily answered your inquiry.