Originally Posted by
rickair7777
Thanks for pointing that out, although the FAA does not have a legal leg to stand on with this...FAR 61 still appears to allow this, and FAA order 8900.1 (FSIMS) clearly and explicitly says it is OK.
They cannot hold people responsible for fantasy rules which exist only in their own mind, there is no reasonable requirement that every time we want to do something authorized by the regs that we have to go look for FAA interpretations which contradict the regs.
Maybe someday they will all of their ducks in a row.
Whether one agrees with the result or not, I'm not sure how an interpretation that says that in order to teach in an aircraft you have to have a pilot certificate and instructor certificate with appropriate category and class ratings "contradicts" a reg that says that in order to teach in an aircraft you have to have a pilot certificate and instructor certificate with appropriate category and class ratings (which is exactly what (b) has said for a long time). The CFII issue has always been a matter of interpretation and reconciliation of the language in (b) with the language in (c).
Even before the reg change.
FSIMS is a different issue and, of course, it's not a reg but a "guidance" that is for the purpose of Flight Standards standardization. It changes on the whim of the Flight Standards department. In case of a conflict with the regs, the regs (and as a by product, the Chief Counsel's interpretation of the regs) take precedence.
Although... even 6 months after the reg change, FSIMS has not been amended to reflect the "new" rules. One has to wonder whether the internal battle about this issue continues.