The first quote seems to do a good job explaining.

However, the second one is about assigned duties by the employing company and I don't feel that is relevent.

Key here is "assigned by the certificate holder." Basically, they can't assign you any type of duty at all is what they are trying to get across.


I agree that it's best to go with the most stringent interpretation.


An aside here: Guys, I hope you are treating this like I am; as a learning debate. This isn't a personal matter and nothing said here is meant to be offensive or as an affront against anyone (as far as I'm concerned or can tell).


I believe that this has been answered, as far as we should be concerned. I do wish I'd been able to find those letters, I had bad luck looking on the FAA website.

Anyway, the point at this stage is this: even if you find a less stringent interpretation, we've seen evidence that there is a fed who doesn't agree. Short of a letter of interpretation from the administrator specifically giving her blessing to doing CFI work and not counting it towards your 121/135 time, I believe that it would not be prudent to do so if you really want to be sure you are following the regs. That's not to say that you'll definately get caught if you do it... but do you really want to risk it?

Really? You don't feel that because it contains the definition of "other commercial flying" it is not relevant?

The first letter of interp I posted dealt with working for a different company and instructing on the side. The CFI time was to be counted toward your flight time maximums.

The second letter of interp is about 135 rest, but it actually defines what commercial flying is, and flight instruction certainly is deemed commercial flying in the eyes of the Chief Counsel.

I mean I feel that because it is only dealing with items assigned by the operator the inclusion of flight instructing doesn't tell us much. It would count against crew rest if they had you cleaning toilets, but would it count against it if you got a second job at McDonalds, even if it had you doing the same thing?

The second letter says to me that the operator is the one that can't assign anything else, not neccessarily that you can't do anything else on the side, it just can't be something assigned by the operator. IE, you can get that second job at McDonalds but you can't have your second job be with the same entity that gives you your 135 flying.

To answer your question, I call your attention to the underlined portion:

Notice the words "free lance". Also contained in the paragraph above the one just quoted:

Let's include that with what interpretation #2 Says:

I see what you are saying - that any required duty for that certificate operator would impact rest. However read the quotes I posted together, and the picture becomes clear.

Flight Instruction = Commercial Flying, which counts towards your maximum hours per calender year.




*** EDIT*** Oh, and the reason it deals with rest is because that's originally why the author wrote to the FAA.

I really don't see how it can get any plainer :confused:?

I'm not disagreeing with you. I'm just saying I don't think the second letter changed anything regarding what the first one said, and the second one by itself isn't clear enough.

But the first one IS. If you go back and read what I wrote, I thought I tried pretty well to say that the question is answered.