ATLcrashpad,
First, you should know that asking an inspector at a FSDO is a completely useless gesture. The inspector's opinion has no authority, meaning or legal standing. As you found out, they don't necessarily agree, and even if they did agree, it would be meaningless. The source for legal interpretations is FAA legal counsel, they and only they have the authority to interpretath the regulations. There are a number of offices of regional counsel and there is the Chief Counsel. That's where you go for answers.
As for the question, what minitour and others have been telling you is correct, you don't have to be PIC to log PIC. personally, I don't agree with this, I think it's absurd to be logging PIC whne you're not the PIC, but my opinion doesn't mean a thing. The FAA's opinion is that it is ok. Below is an official letter of interpretation from the office of chief counsel. It specifically addresses the question of 2 pilots both logging PIC, but it aslo states the FAA's position on acting and logging PIC. from the letter:
"There is a difference between serving as PIC and logging PIC time."
That's the heart of the matter, and you'll see this repeated in other official legal interpretations, the FAA makes a distinction between *acting* as PIC and *logging* PIC. You don't have to be acting in order to be logging.
October 30, 1992
Mr. David M. Reid
Dear Mr. Reid:
Thank you for your letter of June 12, 1992, concerning the logging of pilot in command (PIC) time under the Federal Aviation Regulations (FAR).
In your letter you ask four questions. First, you ask whether there are "any circumstances when, during a normal flight, two Private Pilots may simultaneously act as (and therefore log the time as) Pilot In Command?" The answer is two private pilots may not simultaneously act as PIC but they may, under certain circumstances, simultaneously log PIC time.
There is a difference between serving as PIC and logging PIC time. PIC, as defined in FAR 1.1, means the pilot responsible for the operation and safety of an aircraft during flight time. FAR 61.51 deals with logging PIC flight time, and it provides that a private or commercial pilot may log as PIC time only that flight time during which he is the sole manipulator of the controls of an aircraft for which he is rated, or when he is the sole occupant of the aircraft, or when he acts as PIC of an aircraft on which more than one pilot is required under the type certification of the aircraft, or the regulations under which the flight is conducted. It is important to note that FAR 61.51 only regulates the recording of PIC time used to meet the requirements toward a higher certificate, higher rating, or for recent flight experience.
Therefore, while it is not possible for two pilots to act as PIC simultaneously, it is possible for two pilots to log PIC flight time simultaneously. PIC flight time may be logged by both the PIC responsible for the operation and safety of the aircraft during flight time in accordance with FAR 1.1, and by the pilot who acts as the sole manipulator of the controls of the aircraft for which the pilot is rated under FAR 61.51. Enclosed please find two prior FAA interpretations concerning logging of PIC time. We hope that these will be of further assistance to you.
In your second question you ask "how shall two Private Pilots log their flight time when one pilot is under the hood for simulated instrument time and the other pilot acts as safety pilot?" The answer is the pilot who is under the hood may log PIC time for that flight time in which he is the sole manipulator of the controls of the aircraft, provided he is rated for that aircraft. The appropriately rated safety pilot may concurrently log as second in command (SIC) that time during which he is acting as safety pilot.
The two pilots may, however, agree prior to initiating the flight that the safety pilot will be the PIC responsible for the operation and safety of the aircraft during the flight. If this is done, then the safety pilot may log all the flight time as PIC time in accordance with FAR 1.1 and the pilot under the hood may log, concurrently, all of the flight time during which he is the sole manipulator of the controls as PIC time in accordance with FAR 61.51(c)(2)(i). Enclosed please find a prior FAA interpretation concerning the logging of flight time under simulated instrument flight conditions. We hope that this interpretation will be of further assistance to you.
In your third question you ask "during instrument training, how shall a VFR Private Pilot log the following flight time: Pilot In Command time, Simulated Instrument time, and Actual Instrument time, when that pilot is... A)...under the hood? B)...in actual instrument conditions? C)...under the hood in actual instrument conditions?" The answer is the VFR private pilot may log all of the flight time you described as PIC flight time under FAR 61.51(c)(2)(i) if he was the sole manipulator of the controls of an aircraft for which he is rated. Under FAR 61.51(c)(4) the pilot may log as instrument flight time only that time during which he operates the aircraft solely by reference to instruments, under actual or simulated instrument flight conditions. Please note that the FARs do not distinguish between "actual" and "simulated" instrument flight time. Enclosed is a prior FAA interpretation concerning the logging of instrument flight time. We hope this interpretation will further assist you.
Finally you ask "does FAR 61.57 affect how the VFR Private Pilot shall log Pilot In Command time during instrument training, either before or after meeting the 6/6/6 requirement, and if so, how?" FAR 61.57 does not affect how a pilot logs PIC time during instrument training; FAR 61.51(c)(2) and (4) govern logging of instrument flight time. FAR 61.57(e) provides currency requirements for acting as PIC under instrument flight rules (IFR) or in weather conditions less than the minimums for visual flight rules (VFR). Enclosed please find a prior FAA interpretation on instrument flight time and FAR 61.57(e). We hope this interpretation will further assist you.
We hope this satisfactorily answers your questions.
Sincerely,
Donald P. Byrne
Assistant Chief Counsel
Regulations Division