Thread: pic or dual
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Old 10-24-2008, 11:04 AM
  #29  
Bowersbum
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Originally Posted by 250 or point 65 View Post
That is a terrible article. There is no way that a safety pilot can EVER log SIC. SIC is a completely different reg and with misinformation like that, there is no way you can believe the rest of the article. Safety pilot is PIC, PERIOD! It has absolutely nothing to do with who gets violated or who the two pilots deem the sole manipulator of the controls. If I, an Instrument rated commercial pilot with a CFII, file an IFR flight plan and use a private pilot for a safety pilot to put the foggles on for practice approaches, and bust an altitude, he's gonna log every bit of it as PIC, and I'm gonna put every bit of my certificate in front of the Feds

Question: Is a person who is serving as a safety pilot for a flight under simulated instrument flight on an IFR flight plan required to hold an instrument rating if that person is merely only acting as a safety pilot? Notice, I did not say the person is acting as a pilot in command or as a second in command. The person is only onboard to act as a safety pilot. But the flight is going to be performed under IFR (instrument flight rules) and the pilot has filed an IFR flight plan.

Answer: Ref. § 61.55(d)(4); § 61.3(e);§ 91.109(b);A safety pilot who is not acting as the PIC is not required to meet the instrument rating requirements of § 61.3(e). The instrument rating requirements of § 61.3(e) are PIC requirements.

As per § 61.55(d)(4), the rule provides an exception to the SIC pilot qualification requirements of § 61.55(a)(2) for being required to hold an instrument rating.

However, for the purpose of clarifying an incorrect statement in your question, you stated the person is not acting as either the pilot in command or as a second in command. That is not possible. A safety pilot is a required pilot flight crewmember [See § 91.109(b)]. Therefore, a safety pilot must either be acting as the PIC or as the SIC.

Additionally, in the preamble discussion in the “Pilot, Flight Instructor, Ground Instructor, and Pilot School Certification Rules; Final Rule” on page 16237, middle column, of the Federal Register (62 FR 16237; April 4, 1997), the FAA stated that a safety pilot is a required crewmember. The FAA stated the following in that preamble discussion:

“. . . In response to AOPA’s comment regarding instructors who act as safety pilots not being required to have a medical certificate, the FAA notes that § 91.109 specifies that a safety pilot is required to conduct simulated instrument flight, which makes the safety pilot a required crewmember . . . .”

Therefore, a safety pilot is either a PIC “flightcrew member” or an SIC “flightcrew member” and either way “. . . makes the safety pilot a required crewmember . . . .”
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