Originally Posted by
hindsight2020
Negative. FAA considers flight instruction as OUTSIDE the scope of commercial pilot duty. Even acting as PIC while instructing, instruction is not considered under the perview of commercial compensation, therefore only a third class medical would be required to act as PIC. Thence why I can charge a fee for primary instruction (PIC implied) and not have a second class medical. In other words, I do not need a second class medical to conduct flight instruction for compensation. Any other activity for compensation, yes I would need a commercial certificate and the appropriate medical class to be able to excercise the priviledge of a commercial certificate. It is a flight instructor specific priviledge.
The FAR legal precedent for this is that a student pilot is NOT considered a passenger, therefore the duties that involve " the carriage of property and/or passengers for hire" is NOT excercised. As such, no commercial priviledges excercised (getting compensated alone is not a commercial-qualifying criteria, like most people incorrectly infer) therefore no second class required. Plenty of FAA Q&A documentation on this subject available from the FAA if you want word from the horse.
Happy flying.
Correct, this is a common point of confusion because many flight schools require their instructors to hold a 2C so they can reposition airplanes.
You can instruct all day with a 3C or even no medical, but if you are on the clock and move an empty airplane you fall into commercial flying. Taxiing the airplane does not count, as long as there is no intent to fly.