Inadvertantly Filing IFR under another pilot's name

[Bernoulli]

Does anyone know what the legality is of inadvertantly flying IFR when the flight is filed under another IFR rated pilot's name? Here's what happened: I did an IFR flight with a private pilot who is working on her instrument rating and I was acting as the IFR certified piltot / safety pilot. The flight was originally going to be with another IFR rated pilot and I was asked to fly at the last minute. We forgot to call FSS and re-file under my name... so the IFR flight was flown with me acting as the IFR rated pilot yet the flight was filed under another pilot's name who was not in the plane. My mistake as PIC... is this a mistake that the FAA could take action against me for?

 

[Uncle Sparky]

From an IMO standpoint only:
The name and contact info on your flightplan is intended for SAR purposes.
That would be normal logical thinking........you are talking about the FAA though and anything is possible after an accident occurs.
My question is: Are you a CFII?

 

[cynic]

You are so dead. Dude, your IP was logged! They are on the way to your house right now!

 

[Bernoulli]

My question is: Are you a CFII?

No I am not a CFII... just a CFI. My understanding is that I can act as a safety pilot (PIC) on an IFR flight plan as long as I'm a current instrument rated pilot and the flight plan is filed under my name. My worry is that we were running late and I did not re-file under my name... the flight was filed under another instructors name, who is a CFII.

 

[SiuDude]

Yeah

What Sparky said.

 

[Vector4fun]

Falsifying a Govt document were you?


If you didn't break any airplanes, or break any obvious FARs that trip, nobody is going to know, and you learned something. Fill out a NASA ASRS form just for practice anyways.

 

[banned username 2]

No I am not a CFII... just a CFI. My understanding is that I can act as a safety pilot (PIC) on an IFR flight plan as long as I'm a current instrument rated pilot and the flight plan is filed under my name. My worry is that we were running late and I did not re-file under my name... the flight was filed under another instructors name, who is a CFII.

Don't worry about it (unless you busted a FAR or Airspace)... Otherwise if it was a normal flight, who cares...

 

[FN FAL]

You are so dead. Dude, your IP was logged! They are on the way to your house right now!

I bought shares in a company that makes balaclava's after reading this thread! http://www.sierratradingpost.com/product_view_full_img.asp?image_file=56028%5F1%2Ejpg&product_name=Wickers+Mid%2DWeight+Wicking+Balaclava+%28for+Men+and+Women%29&base_no=56028

 

[KeroseneSnorter]

Don't worry about it. As said above, unless you bent something (Airplane or reg) your fine.

The controllers don't care who you are as long as you don't screw up.

Your name is simply for SAR as said above or for a screw up. 135 and 121 canned flight plans don't show any of the pilot info, only the company keeps up with who was flying that day.

You could probably list Santa Claus as pilot and not hear anything from it! (Not that I recommend this course of action. You know how sensitive he is with his list for naughty and nice.)

 

[Uncle Sparky]

No I am not a CFII... just a CFI. My understanding is that I can act as a safety pilot (PIC) on an IFR flight plan as long as I'm a current instrument rated pilot and the flight plan is filed under my name. My worry is that we were running late and I did not re-file under my name... the flight was filed under another instructors name, who is a CFII.

I may be wrong (somebody please slap me if I am) but I thought that, unless you are a CFII, the flight itself(meteorologically speaking) has to be within the range of the pilot's ratings for them to log any time.

 

[Bernoulli]

It is my understanding that even a private pilot who is IFR certified can act as PIC and Safety pilot for an IFR training flight with the trainee under the hood or flying in actual. Am I wrong? Is a safety pilot limited to VFR conditions? Someone please slap me if I'm wrong about this cause it's my ass on the line.

 

[SiuDude]

I think it all depends on whether the instruction you gave was related to or required for the Instrument rating (61.193).

 

[Lead Sled]

Years ago, I was a Life Flight pilot flying, primarily, MU-2 Marquises. We had a couple of airplanes that were absolutely identical except for the N number. There was a set rotation that we were supposed to follow when we were dispatched. The FBO guys were told which airplane was "up" first. The system normally worked well, but there were a few times when they pulled out the wrong airplane at 3 A.M. At that time of the morning, the phone rang and you drug yourself out of bed, filed, and went out to the airplane. (You preflighted each airplane at the beginning of each shift.) As soon as the team showed up, you climb aboard and blasted off. There was more than one occassion where it wasn't until we were airborne that we realized that they had pulled out the wrong airplane. (From the pilot's seat, the N number placard was very hard to see at night.) Oh well, at that point we usually just completed the trip - no point in changing it.

Lead Sled

 

[JimNtexas]

You can never run for President with a skeleton like that in your closet!

 

[Lead Sled]

You can never run for President with a skeleton like that in your closet!

By the way, what is the statute of limitations?

Lead Sled

 

[TonyC]

Does anyone know what the legality is of inadvertantly flying IFR when the flight is filed under another IFR rated pilot's name? . . . is this a mistake that the FAA could take action against me for?

How would they know it was you?


Has the other guy gotten a call from the FAA lately?

 

[j328driver]

Repeat after me.....

"I wasn't giving instruction, I was just riding along as the safety pilot while he practiced his approaches."

 

[lawfly]

Inadvertently Filing IFR Under Another Pilot's Name

The private pilot was non-instrument rated. The flight was IFR. So, what does "safety pilot (PIC)" mean? The PIC of an IFR operation must be instrument rated and current. That rules out the private pilot in this case. You were the PIC. My own experience and bias is that only CFIIs should do this, including for insurance and liability purposes, but I know that is a bit of a hornet's nest around here. Where I instructed, only CFIIs did it. Whatever. You might also consider your own liability exposure vis-a-vis the private pilot and those who, in the worst case scenario, would claim through him, the aircraft owner, etc. And whether your own CFI insurance (if you have it) or your employer's covers you in this particular operation. And that's with the right name on the flight plan. On another point, someone asked about the statute of limitations. It is generally 6 months for the filing of FAA enforcement actions. There could be exceptions to that general rule. Sorry if I digressed.

 

[Uncle Sparky]

The private pilot was non-instrument rated. The flight was IFR. So, what does "safety pilot (PIC)" mean? The PIC of an IFR operation must be instrument rated and current. That rules out the private pilot in this case.

I think the reg's in this situation are pretty cut-and-dried, as far as who is the overall authority and ultimately liable. Can data on a flightplan become your smoking gun? I think if you went to 10 different FSDO's you'd probably get 10 different answers.
I'm guilty as well, of doing the same thing as Lead Sled. Ironically, it was a 2am air ambulance as well. I just told ATC that dispatch had made an error and they just changed my strip. I was going to continue using the wrong tail number(how would anybody ever know?) but I kept having this vision of the FED hanging out near the numbers with a handheld and some binoculars. This is probably the key point: If theres no incident/accident, no problem right?
Good advice that I got not too long ago: Treat every flight as if it may end in an accident(from a "toeing the line" standpoint).
If it makes you sleep better at night, like the other guy says, fill out a NASA form, it's good practice and maybe good CYA.

 

[paulsalem]

"I wasn't giving instruction, I was just riding along as the safety pilot while he practiced his approaches."

If you were in actual, I don't beleive that she could log that time. Safety pilot is only for VFR conditions.

And controllers never see you name. Only certin parts of the flight plan you file a controll sees, other parts, like name, fuel, alternate, a controller will never see. It does not get printed up on the flight progress strips.

 

[midlifeflyer]

I may be wrong (somebody please slap me if I am) but I thought that, unless you are a CFII, the flight itself(meteorologically speaking) has to be within the range of the pilot's ratings for them to log any time.

No slaps, but no.

For Part 61 logging purposes, the flight itself (meteorologically speaking) has to be within the range of the pilot's ratings for them to take on =command responsibility= for the flight ("act as the pilot in command")

But the flight itself only has to be within the range of the pilot's =aircraft= ratings for them to log any time.

In other words, a non instrument pilot with an ASEL rating may write down the numbers that he was the sole manipulator of the controls of an ASEL aircraft in IMC in both the PIC and actual instrument columns of his logbook.

 

[j328driver]

You're right

I missed the fact that the other guy was not instrument rated.

Ok, lets go with "I wasn't there, I didn't do it, you can't prove anything, that's my story and I'm sticking to it forever." (Borrowed from Bart Simpson).

Cheers.