True. My personal favorite logging issue!
I post my "rules of logging" from time to time. Here's Rule No 4:
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Rule 4 Based on a unpublished 1977 Chief Counsel opinion (there is some reasonable disagreement on whether it's any good), you may log PIC if you are acting as PIC* and you are the only person on board with the necessary aircraft ratings.
This is the answer to the silly question: "Can I log PIC while I let my two year old fly the airplane?" Frankly, I can't imagine that the FAA gives a hoot about this one way or another.
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Here's the full counsel opinion:
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June 22, 1977
Mr. Thomas Beane
Dear Mr. Beane:
This letter is in response to your recent letters to the FAA Flight Standards Service and to the Chief Counsel inquiring about the logging of pilot-in-command (PIC) time by an airman whenever he is not the sole manipulator of the controls.
Section 1.1 of the Federal Aviation Regulations defines Pilot in Command as:
Pilot in command means the person who:
(1) Has final authority and responsibility for the operation and safety of the flight; (2) Has been designated as pilot in command before or during the flight; and (3) Holds the appropriate category, class, and type rating, if appropriate, for the conduct of the flight.
Section 61.51(c)(2) of the Federal Aviation Regulations provides, in pertinent part:
(2) Pilot-in-Command flight time.
(I) A private or commercial pilot may log as pilot in command 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 pilot in command 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.
A pilot may log PIC time in accordance with Section 61.51(c)(2)(I) when he is not actually "flying the airplane", if the airplane is one on which more than one pilot is required under its type certificate or under the regulations under which the flight is conducted and he is acting as PIC. Also, a pilot, rated in category and class (e.g. airplane single-engine) could, as the pilot who "Has final authority and responsibility for the operation and safety of the flight" log PIC time if another pilot, not appropriately rated, was actually manipulating the controls of the aircraft.
It should be noted that more than one pilot may log PIC time for the same flight time. For example, one pilot receiving instruction may log PIC time in accordance with paragraph (c)(2)(I) for the time he is designated PIC, and another pilot may log PIC time in accordance with (c)(2)(iii) for the same time during which he is actually giving flight instruction.
We hope that we have satisfactorily responded to your inquiry on the proper logging of PIC time.
Sincerely,
ORIGINAL SIGNED BY EDWARD P. FABERMAN
for NEIL R. EISNER Acting Assistant Chief Counsel Regulations & Enforcement Division Office of the Chief Counsel -
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and, here's a completely fabricated story of how the opinion came to be:
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The Unofficial, Unvarnished, and Totally Made-Up Truth About the "Only Pilot On Board" Opinion
My guess is that one day the lawyers at the FAA went out drinking after work and started talking about the logging rules. One of them said, call him Joe, said, "Can a pilot log PIC time if he lets his dog fly the airplane?"
Betty, who was a real stickler for strict readings, replied, "No. Since the dog had its paws on the controls, the pilot wasn't the 'sole manipulator of the controls.' So he can't log anything."
Peter rolled his eyes and said, "I know these rules are a bit convoluted, but really! That is the stupidest thing I ever heard! OF COURSE the pilot can log the flight! He's the ONLY ONE who can!"
"So what?" said Betty. That's what the reg says!"
"Oh BULL!" he said, "The guys who wrote 61.51 couldn't cover EVERY possible situation. A flight in which NO ONE can log PIC is ridiculous.
Fortunately, in addition to being sensible, Peter really knew his stuff. "There's a rule of law that's been around for a long, long time. It applies to both statutes and regulations." Peter continued, "'An interpretation that would lead to an absurd or unreasonable result should be avoided.' A flight on which NO ONE can log PIC is absurd."
The others had to agree.
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