Instrument Currency Question

[daddysquared]

When going up with a safety pilot to track radials, shoot approaches, etc., in VFR conditions, for instrument currency, I know the safety pilot simply needs to be a private pilot, right? Now, do they also have to be current?

 

[avbug]

daddysquared,

Unless the safety pilot intends to act as PIC, he or she need not be flight current with respect to a flight review or recency of experience. See the following FAA legal interpretation for clarification:

June 17, 1985


Mr. John J. Sheehan
Vice President, Aviation Policy
Aircraft Owners and Pilots Association
421 Aviation Way
Frederick, Maryland 21701

Dear Mr. Sheehan:

This is in response to your November 26, 1984, annotated letter from Mr. James M. Thoburn of Rochester, New York, in which you request written clarification of Federal Aviation Regulations (FAR) requirements to function as a safety pilot.

As you know, FAR Section 91.21(b)(1) provides that no person may operate a civil aircraft in simulated instrument flight unless an "appropriately rated" pilot occupies the other control seat as a safety pilot.

"Appropriately rated" as used under this section, refers to the category, class, type, and instrument ratings described in FAR Section 61.5. Thus, the safety pilot must have the category, class, type, and instrument rating appropriate to the aircraft being flown and rules under which it is being operated.

Section 61.3(c) of the FAR provides, with certain exceptions, that no person may act in any capacity as a required pilot flight crewmember under a certificate issued to him or her under Part 61 unless he or she holds a current appropriate airman medical certificate. Under FAR Section 1.1 "flight crewmember," as it applies here, means a pilot assigned to perform a duty in an aircraft during flight time. Therefore, since the safety pilot must be appropriately rated and is assigned to perform certain duties under Section 91.21(b) of the FAR, it follows that the safety pilot is a required pilot flight crewmember and must hold a current appropriate airman medical certificate.

Section 61.57(a) of the FAR, pertaining to the biennial flight review, applies only to a person who serves as pilot in command. Therefore, as long as the safety pilot does not act as pilot in command, he or she need not comply with the currency requirements of this section.

Section 61.57(c) and (d) of the FAR, applies only to a person who serves as pilot in command on a flight in which passengers are carried. Therefore, unless the safety pilot acts as pilot in command with passengers on board, he or she need not meet the currency requirements of this section.

Both of the pilots on board an aircraft in operations requiring two pilots are crewmembers. The mere manipulation of controls, however, does not make a person a crewmember. For example, a student pilot taking lessons from a certificated flight instructor is a passenger with respect to the flight instructor and, therefore, the flight instructor must meet the recency experience requirements of Section 61.57(a), (c) and (d). Further, should the aircraft be operated under instrument flight rules, even in visual meteorological conditions, Section 61.3(e) requires the pilot in command to hold an instrument rating appropriate to the aircraft operated. If, under such conditions, a pilot who is not instrument rated is flying an aircraft under a hood simulating instrument flight, the safety pilot on board the aircraft must then act as pilot in command and must also hold an instrument rating appropriate to the aircraft operated.

We are aware that advice to the contrary has been given to the public concerning this issue in the past. However, this letter has been coordinated with the Office of the Chief Counsel, and reflects current Federal Aviation Administration policy. Finally, we wish to apologize for the delay in our response and trust this adequately responds to your inquiry.

Sincerely,

/s/

Carol S. Rayburn
Manager, General Aviation and Commercial Division

 

[daddysquared]

Thank you very much avbug. Keep rocking the free world!

daddysquared, actually, now daddycubed.