Search
Notices
Aviation Law Legal issues, FARs, and questions

Night current

Thread Tools
 
Search this Thread
 
Old 03-28-2024, 08:27 AM
  #1  
On Reserve
Thread Starter
 
Joined APC: Jan 2019
Position: Seated
Posts: 19
Default Night current

Two pilots get into a C172 to fly at night part 91.
Pilot flying is not night current.
Passenger/non-flying pilot is night current.
In the absense of any training or safety pilot scenario, Is this a legal flight?
Knowsnot is offline  
Old 03-28-2024, 08:37 AM
  #2  
Line Holder
 
Joined APC: Feb 2018
Posts: 54
Default

Depends on who the "actual" PIC is.
RandomName is offline  
Old 03-28-2024, 09:02 AM
  #3  
On Reserve
Thread Starter
 
Joined APC: Jan 2019
Position: Seated
Posts: 19
Default

Can the flying pilot get night current in this scenario?
Knowsnot is offline  
Old 03-28-2024, 10:56 AM
  #4  
On Reserve
Thread Starter
 
Joined APC: Jan 2019
Position: Seated
Posts: 19
Default

Can the flying pilot get night current in this scenario?
Reason I ask is that as it applies to currency in general 61.57(a)2 says that when regaining currency "a person may act as a pilot in command of an aircraft under day VFR or day IFR, provided no persons or property are carried on board the aircraft, other than those necessary for the conduct of the flight."
Logically that should also apply at night?
Knowsnot is offline  
Old 03-28-2024, 11:34 AM
  #5  
All is fine at .79
 
TiredSoul's Avatar
 
Joined APC: Sep 2016
Position: Paahlot
Posts: 4,086
Default

Originally Posted by Knowsnot View Post
Can the flying pilot get night current in this scenario?
Reason I ask is that as it applies to currency in general 61.57(a)2 says that when regaining currency "a person may act as a pilot in command of an aircraft under day VFR or day IFR, provided no persons or property are carried on board the aircraft, other than those necessary for the conduct of the flight."
Logically that should also apply at night?
Not legal.
The only exception is for two CFI’s that are both not night current.
There is actually a Letter from Council.
TiredSoul is offline  
Old 03-28-2024, 12:31 PM
  #6  
Disinterested Third Party
 
Joined APC: Jun 2012
Posts: 6,026
Default

Cessna 172. VFR, night. Operation conducted under 14 CFR Part 91.
Pilot A: private pilot, airplane, single-engine land. 1 night landing in the last 90 days. Not night current.
Pilot B: private pilot, airplane, single-engine land. 3 night landings in the last 0 days. Night Current.

The regulation: 14 CFR 61.57(b)
https://www.ecfr.gov/current/title-1.../section-61.57
§ 61.57 Recent flight experience: Pilot in command.
(b) Night takeoff and landing experience.
(1) Except as provided in paragraph (e) of this section, no person may act as pilot in command of an aircraft carrying passengers during the period beginning 1 hour after sunset and ending 1 hour before sunrise, unless within the preceding 90 days that person has made at least three takeoffs and three landings to a full stop during the period beginning 1 hour after sunset and ending 1 hour before sunrise, and—
(i) That person acted as sole manipulator of the flight controls; and
(ii) The required takeoffs and landings were performed in an aircraft of the same category, class, and type (if a type rating is required).
A flight is conducted under visual flgiht conditions at night in a Cessna 172 with pilots A and B as the occupants of the aircraft. By necessity, the flight requires a pilot in command, and only pilot B can act as pilot in command.

Note that 14 CFR 61.57(b)(1)(i) requires that pilot A "act as sole manipulator of the controls," but does not require that pilot A act as pilot in command.

Pilot B does not need to manipulate the controls to act as pilot in command. Pilot B will act as pilot in command while pilot A is sole manipulator of the controls.

Pilot A does not need to act as pilot in command to manipulate the flight controls. Pilot B is the acting pilot in command. Pilot A may perform the landings, and log the time as pilot in command, as sole manipulator of the controls. Pilot A may log the time as pilot in command, although he is not the acting pilot in command. Pilot A logs the time under 61.51(e)(1)(i), as pilot in command, because he is sole manipulator (and rated in the aircraft). He cannot act as pilot in command, because he is not current.

Were pilot A to act as pilot in command, that would make pilot B a passenger, not necessary for the conduct of the flight. This is not legal. Therefore, Pilot B must be the acting pilot in command.

Pilot B is acting pilot in command, but cannot log the time, as he meets no criteria under 14 CFR 61.51(e) to log that time. Pilot A is not the pilot in command, but may log pilot in command time.
JohnBurke is offline  
Old 03-29-2024, 05:59 AM
  #7  
All is fine at .79
 
TiredSoul's Avatar
 
Joined APC: Sep 2016
Position: Paahlot
Posts: 4,086
Default

So in non-legalese, just pay an instructor to go up with you.
You might learn something if you pick the right one.
When was the last time you did stalls and steep turns at night?
Oh the aircraft only stalls during the day? Straight ahead?
Legally “FAR” night current does not equal night proficient.
Not aimed at anyone in particular just a general snark.
TiredSoul is offline  
Old 03-29-2024, 08:50 AM
  #8  
Gets Weekends Off
 
joepilot's Avatar
 
Joined APC: Jul 2008
Position: 747 Captain (Ret,)
Posts: 804
Default

Nobody has ever answered, to my satisfaction, why it is that pilots operating under FAR 121 are not required to maintain night currency to operate at night.
joepilot is offline  
Old 03-29-2024, 09:01 AM
  #9  
Disinterested Third Party
 
Joined APC: Jun 2012
Posts: 6,026
Default

Originally Posted by joepilot View Post
Nobody has ever answered, to my satisfaction, why it is that pilots operating under FAR 121 are not required to maintain night currency to operate at night.
https://www.ecfr.gov/current/title-1.../section-61.57

§ 61.57 Recent flight experience: Pilot in command.
(b) Night takeoff and landing experience.
(1) Except as provided in paragraph (e) of this section, no person may act as pilot in command of an aircraft carrying passengers during the period beginning 1 hour after sunset and ending 1 hour before sunrise, unless within the preceding 90 days that person has made at least three takeoffs and three landings to a full stop during the period beginning 1 hour after sunset and ending 1 hour before sunrise, and—
(i) That person acted as sole manipulator of the flight controls; and
(ii) The required takeoffs and landings were performed in an aircraft of the same category, class, and type (if a type rating is required).

(e) Exceptions.
(2) This section does not apply to a pilot in command who is employed by a part 119 certificate holder authorized to conduct operations under part 121 when the pilot is engaged in a flight operation under part 91 or 121 for that certificate holder if the pilot in command complies with §§ 121.436 and 121.439 of this chapter.(1) Paragraphs (a) and (b) of this section do not apply to a pilot in command who is employed by a part 119 certificate holder authorized to conduct operations under part 125 when the pilot is engaged in a flight operation for that certificate holder if the pilot in command is in compliance with §§ 125.281 and 125.285 of this chapter.
​​​​​​​Sorry you're not satisfied.
JohnBurke is offline  
Old 03-29-2024, 05:02 PM
  #10  
All is fine at .79
 
TiredSoul's Avatar
 
Joined APC: Sep 2016
Position: Paahlot
Posts: 4,086
Default


​​​​​​​
TiredSoul is offline  
Related Topics
Thread
Thread Starter
Forum
Replies
Last Post
Housewrench
United
35
08-05-2022 05:19 AM
joepilot
Aviation Law
1
12-13-2018 02:11 PM
ryane946
Cargo
34
04-03-2016 07:39 PM
MobiusOne
Flight Schools and Training
12
08-12-2008 10:33 AM
CRJammin
Cargo
11
10-15-2006 02:26 PM

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are Off
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



Your Privacy Choices