Passenger Currency

[Astro]

I'm not night current for passengers in the R44 and I want to get current. However for insurance reasons I'm not allowed to fly their R44 solo, which means one of their CFIs needs to come with me.

 

Does their CFI need to be night current for passengers in the R44, or are neither of us considered a "passenger" on a dual instructional flight?

[Gomer Pylot]

If the instructor is current for night instruction, (s)he's current for carrying passengers at night.

[aeroscout]

Yes, the CFI needs to be night current.

[iChris]

I'm not night current for passengers in the R44 and I want to get current. However for insurance reasons I'm not allowed to fly their R44 solo, which means one of their CFIs needs to come with me.

 

Does their CFI need to be night current for passengers in the R44, or are neither of us considered a "passenger" on a dual instructional flight?

 

This is another misunderstood rule between student & CFI.

 

The CFI doesn’t need to be night current because neither of you are considered passengers.

 

“The answer is that the analysis of the Kortokrax opinion applies where the individual

receiving instruction is not rated in the aircraft. The Kortokrax opinion was based on the instructor-student relationship, and was not limited by specific rating of the particular student. Therefore, it would be "legal for a properly rated and current instructor (except for 61.57 [b], and a student pilot, (who is not yet rated in the airplane but receiving training), to be on board the airplane together during night

hours."

 

“Neither is the person receiving instruction a passenger with respect to the instructor. This training may take place, even though neither pilot has met the 61.57 requirements.”

 

REF LINKS BELOW:

Rebecca B. MacPherson FAA Assistant Chief Counsel for Regulations

Rebecca B. MacPherson FAA Assistant Chief Counsel for Regulations (SFAR 73)

Edited February 26, 2014 by iChris

[aeroscout]

If there are passengers on board, for a flight during the hours of required night recency, the PIC needs to be night current for carrying passengers.

As I read Astro's post that is what he was asking.

[DanceswithCyclic]

Neither Astro, nor the CFI, need be night current. That is the purpose of the flight, to operate the aircraft at night, make required maneuvers, and make the Aeronautical Decision that they are or are not competent to make the flight with people (passengers) who have no control over the aircraft.

 

Kevin M.

[WolftalonID]

I just read that responce letter from the FAA Chief Councel yesterday. It was something I had quietly pondered while training myself. But the answers given are exactly what was said in the letter.

 

Areo, read that last line of astros again....he was trying to clarify if he the student would be considered the company CFI's passenger while doing night currency flights.

 

The answer made sense to me that neither a student(read trainee) nor the CFI were considered passengers for the purpose of a dual instruction flight, this applies both for night currency flights as well as instrument training flights.

 

I dont have the reference to which I read but go to the FAA website and there is a whole section on Chief Councel replies to questions that answer pilots conserns and.... references the FAR regarding the FAA's legal stance on the issue.

 

Its not so easy to navigate the letters by topic... Its a government website so have fun! Haha but good stuff there...I am still about chest deep in here looking for stuff.

[Astro]

 

This is another misunderstood rule between student & CFI.

 

The CFI doesn’t need to be night current because neither of you are considered passengers.

 

“The answer is that the analysis of the Kortokrax opinion applies where the individual

receiving instruction is not rated in the aircraft. The Kortokrax opinion was based on the instructor-student relationship, and was not limited by specific rating of the particular student. Therefore, it would be "legal for a properly rated and current instructor (except for 61.57 [b], and a student pilot, (who is not yet rated in the airplane but receiving training), to be on board the airplane together during night

hours."

 

“Neither is the person receiving instruction a passenger with respect to the instructor. This training may take place, even though neither pilot has met the 61.57 requirements.”

 

REF LINKS BELOW:

Rebecca B. MacPherson FAA Assistant Chief Counsel for Regulations

Rebecca B. MacPherson FAA Assistant Chief Counsel for Regulations (SFAR 73)

 

Makes sense, thanks!