Bfr

[midlifeflyer]

Hmmm, I guess that this is sort of a Rorschach Inkblot of a legal opinion. I probbably need to re-read it one sentence at a time and digest it slowly. A little too early in the (my) morning for that sort of concentrated effort though. I think that the only real conclusion that one can draw from this is that Loretta Alkalay has extrordinarily poor writing skills. The first interpretation was an embarrasment, it was completely ungrammatic, and this one isn't much better.

I agree. My gripe with the Part 61 FAQ answer is that it spoke out of both sides of its mouth. Through in unnecessary language that made it unclear. This one is not much better.

The problem may simply be that there have been budget cuts in all of the FAA Legal regional offices. Especially at the Regional level, there's probably neither the time nor the inclination to really think some of these through for consistency.

 

[NoahWerka]

We all know 61.56(d) .....a pilot rating, certificate, or operating privilege....
According to the title of 61.193, Flight Instructor Privileges, is not a Flight Instructor Certificate a pilot operating privilege? Doesn't one have to have at least Comm. Pilot Certificate to operate an aircraft and a CFI rating to give flight training? Isn't flight training given by operating an aircr....OOPS! Going by what the FAA says, it must not be. Reason and logic almost bit me in the a$$.
:beer:

 

[A Squared]

....... is not a Flight Instructor Certificate a pilot operating privilege?

No, a flight instructor certificate is not a pilot certificate any more than a flight engineer certificate or a flight navigator certificate is.

Doesn't one have to have at least Comm. Pilot Certificate to operate an aircraft and a CFI rating to give flight training? Isn't flight training given by operating an aircr....OOPS!

That may be, but a flight insructor certificate gives you exactly zero pilot privileges.

Do you think that you could rent an airplane with a flight instructor certificate only?

If you got ramp checked do you think you could make the inspector happy by giving him only your flight instructor certificate?

If you pilot license was suspended, could you legally pilot an airplane on the basis of your flight instructor certificate?

Obviously, the answer in all cases is no, so if you think about it, the flight instructor has absolutely no pilot privileges associated with it.

 

[midlifeflyer]

We all know 61.56(d) .....a pilot rating, certificate, or operating privilege....
According to the title of 61.193, Flight Instructor Privileges, is not a Flight Instructor Certificate a pilot operating privilege?

Just to expand a bit on A Squared's answer to this one (it's easy - a cut and paste from a personal FAQ file)...

From a pure regulation standpoint, the FAR treats instructor certificates separately from pilot certificates. Staring with

==============================
§ 61.1 Applicability and definitions.
(a) This part prescribes:
(1) The requirements for issuing pilot, flight instructor, and ground instructor certificates and ratings; the conditions under which those certificates and ratings are necessary; and the privileges and limitations of those certificates and ratings.
(2) The requirements for issuing pilot, flight instructor, and ground instructor authorizations; the conditions under which those authorizations are necessary; and the privileges and limitations of those authorizations.
(3) The requirements for issuing pilot, flight instructor, and ground instructor certificates and ratings for persons who have taken courses approved by the Administrator under other parts of this chapter.
==============================

The differentiation continues throughout the FAR and general FAA policy with amazing consistency, from medical certificate requirements (a CFI doesn't need one unless he's also acting as a required crewmember, i.e., as a "pilot") to the requirement to have each certificate available when exercising that certificate's privileges to the requirement that, in order to teach in an aircraft, a CFI must have both "A pilot certificate =and= flight instructor certificate with the applicable category and class rating" (61.195(b)(1).

One may exist, but it would be hard to find an FAR that =does= treat the flight instructor certificate as a pilot certificate.

 

[NoahWerka]

Thanks for the clarification.

 

[Rick]

I have seen this question plenty of times and I have seen the same answers. What I did was call the FSDO. They said it counts as a flight review no questions asked. It appears that depending on where you are located and what FSDO you call the answer will be different. My contribution to solving this problem as a CFI is to update anyones flight review that I train to become a CFI. That way they are good for 2 calender years and want need to worry about it.

 

[midlifeflyer]

It appears that depending on where you are located and what FSDO you call the answer will be different.

That's exactly the problem. Have your accident in the =wrong= FSDO area and you have one more thing to worry about. (BTW, it maye even be different at the =same= FSDO if you talk to someone else)

My contribution to solving this problem as a CFI is to update anyones flight review that I train to become a CFI.

Way to go. Excellent.