CFI Liability
When we are given the privilege of working with another person, we have more than a duty; we have an obligation to lift that individual out of complacency, bad decision-making skills, unsafe habits, and inadequate flying technique. Those that truly understand this obligation realize the weight of this burden and take it seriously. Any flight training you provide places you on the hook for properly supervising the flight to be undertaken. It also calls you to act in the most professional, competent manner possible. Those who are scanning the HOBBS meter instead of student performance and safety are the most dangerous instructors among us. If your motivation is money, you're in the wrong profession. You'll never get rich in aviation, instead you'll fail to meet the standards of due care professionals are required to give.
When flight instructors fail in their duty, it becomes quickly evident in the students they produce. When a pilot-student violates the safe standards of flying or becomes involved in an incident, the FAA is mandated to figure out what part of the system broke. Eventually they will get back to that CFI who didn't do his job. The CFI is the decision-maker if a student is proficient to be flying the IFR system, advancing to new rating, or first solo. He is the one who carries the liability for the BFR, IPC, endorsement issued or the checkride signoff given.
What are the minimum standards flight instructors are held to? The guidance is given to all of us by the FAR/AIM, FAA Advisory Circulars, and the PTS. The FAA is relies upon flight instructors as gatekeepers in the process that certifies & qualifies pilots.
What are the ways you'll protect yourself from liability as a professional flight instructor?
Since you perform to the highest standards, you'll charge appropriate rates for your services. You get what you pay for in this world, so charge students appropriately for the professional services you provide. While flight instruction might be a temporary stepping stone in an aviation career, nothing can remove you from aviation quicker than a lawsuit on behalf of a former pilot-student claiming negligence.
There are folks out there in our system that provide the "easy road" to pilot certification. The guilty parties include flight instructors, examiners, as well as the pilot-student themselves. We all know the Santa Claus examiner in the local area which will be an easy pass for our student. While we can't control how a DPE will administer a flight test, we can control the quality and thoroughness of our flight training.
On the other hand, haven't we all met pilots who seemed destined to kill themselves through aviation and had no business being in the cockpit? Now if it was one of our students, we have a duty to train to the highest professional standard and then terminate students who are consistently unsafe, dangerous, or unfit to be pilots. There are times when a student and an instructor are just not a good match. When a conflict arises, the resolution says a lot about both the instructor as well as the student. If you're ever in that position, consider having an open discussion with your student about your concerns. If you aren't the right instructor for the student, be upfront about it and offer to make a referral. Your students must understand this process, accept it, and respect it. It comes down to a choice whether they can cooperate and adapt to the process or find another instructor. A student who is ready to learn, who is ready to listen, exhibits an attitude of being:
When we are given the privilege of working with another person, we have more than a duty; we have an obligation to lift that individual out of complacency, bad decision-making skills, unsafe habits, and inadequate flying technique. Those that truly understand this obligation realize the weight of this burden and take it seriously. Any flight training you provide places you on the hook for properly supervising the flight to be undertaken. It also calls you to act in the most professional, competent manner possible. Those who are scanning the HOBBS meter instead of student performance and safety are the most dangerous instructors among us. If your motivation is money, you're in the wrong profession. You'll never get rich in aviation, instead you'll fail to meet the standards of due care professionals are required to give.
When flight instructors fail in their duty, it becomes quickly evident in the students they produce. When a pilot-student violates the safe standards of flying or becomes involved in an incident, the FAA is mandated to figure out what part of the system broke. Eventually they will get back to that CFI who didn't do his job. The CFI is the decision-maker if a student is proficient to be flying the IFR system, advancing to new rating, or first solo. He is the one who carries the liability for the BFR, IPC, endorsement issued or the checkride signoff given.
What are the minimum standards flight instructors are held to? The guidance is given to all of us by the FAR/AIM, FAA Advisory Circulars, and the PTS. The FAA is relies upon flight instructors as gatekeepers in the process that certifies & qualifies pilots.
What are the ways you'll protect yourself from liability as a professional flight instructor?
- Purchasing professional liability insurance through NAFI,
- Using a flight training syllabus, lesson plans,
- Student training records,
- Adopt a "pledge to students"
- Proper & complete logbook entries,
- Written test results and pre-solo exam PRIOR to solo,
- Flight progress notes, and
- Improving your ability.
Since you perform to the highest standards, you'll charge appropriate rates for your services. You get what you pay for in this world, so charge students appropriately for the professional services you provide. While flight instruction might be a temporary stepping stone in an aviation career, nothing can remove you from aviation quicker than a lawsuit on behalf of a former pilot-student claiming negligence.
There are folks out there in our system that provide the "easy road" to pilot certification. The guilty parties include flight instructors, examiners, as well as the pilot-student themselves. We all know the Santa Claus examiner in the local area which will be an easy pass for our student. While we can't control how a DPE will administer a flight test, we can control the quality and thoroughness of our flight training.
On the other hand, haven't we all met pilots who seemed destined to kill themselves through aviation and had no business being in the cockpit? Now if it was one of our students, we have a duty to train to the highest professional standard and then terminate students who are consistently unsafe, dangerous, or unfit to be pilots. There are times when a student and an instructor are just not a good match. When a conflict arises, the resolution says a lot about both the instructor as well as the student. If you're ever in that position, consider having an open discussion with your student about your concerns. If you aren't the right instructor for the student, be upfront about it and offer to make a referral. Your students must understand this process, accept it, and respect it. It comes down to a choice whether they can cooperate and adapt to the process or find another instructor. A student who is ready to learn, who is ready to listen, exhibits an attitude of being:
- a partner in learning, a self driven professional who craves knowledge about aviation.
- precise in their flying, a passion for doing things correctly goes beyond using the checklist, its a way of life.
- safe, never taking unnecessary risks, and properly managing the risks of flight.
- prepared as a student, for each lesson, but even more important, a prepared pilot who plans each flight and seeks to know "all available information."
- the ultimate judge of their own performance, accepting responsibility for their setbacks and asking for help to improve their skills while not being too self-critical.
