Ray is correct, and pilots have lost their certificates for claiming instruction given, and received, by an ATP not holding a flight instructor certificate, when that instruction is not received in air transport service.
The ATP grants no authority to provide any instruction outside the air transport service.
An ATP employed by a Part 121 or 135 certificate holder may provide instruction for the certificate holder, relevant to the certificated operations of that holder...but not outside those operations.
See the attached legal interpretation regarding that matter, as follows:
MAY 15, 1979
AWE-7
Request for Interpretation FAR 61.169, WE-ACDO-33 ltr. dtd. 10/12/78
Associate Regional Counsel
Chief, Flight Standards Division, AWE-200
This is in response to your letter of October 26, 1978, requesting our interpretation of Section 61.169 of the Federal Aviation Regulations.
Our answers to each of the questions posed on your letter are as follows:
Question No. 1
May an ATP rated airman of a certificated FAR 121 Air Carrier give flight instruction under contract to individuals who are enrolled in an FAR Part 141 School?
Answer No. 1
No. While Section 61.169 does authorize the holder of a ATP to give instruction without holding a flight instructor certificate, this authorization is clearly limited in scope. One of these limitations is directed to the class of individuals receiving the instruction. Specifically, the section provides that the authorization only extends to instruction given to other pilots in Air Transportation Service. Individuals who are enrolled in an FAR Part 141 School would not fall within that class.
Question No. 2
Would the answer to Question No. 1 be different, if the information in Example No. 1 were Sierra Academy, an FAR Part 141/121 School?
Answer No. 2
No. The same reasoning discussed above would in our opinion also apply to the situation posed in this question.
Question No. 3
If the answer to question No. 1 or No. 2 is yes, must the ATP rated airman meet the requirements of FAR Sections 1.1.411 and 1.1.413?
Answer No. 3
Since our answers to the first two questions were in the negative, no answer to this question is required.
If you have any further questions, please feel free to contact us.
DEWITTE T. LAWSON, JR.
Regional Counsel
By:_______________________________
FREDERICK C. WOODRUFF
Associate Regional Counsel
The ATP grants no authority to provide any instruction outside the air transport service.
An ATP employed by a Part 121 or 135 certificate holder may provide instruction for the certificate holder, relevant to the certificated operations of that holder...but not outside those operations.
See the attached legal interpretation regarding that matter, as follows:
MAY 15, 1979
AWE-7
Request for Interpretation FAR 61.169, WE-ACDO-33 ltr. dtd. 10/12/78
Associate Regional Counsel
Chief, Flight Standards Division, AWE-200
This is in response to your letter of October 26, 1978, requesting our interpretation of Section 61.169 of the Federal Aviation Regulations.
Our answers to each of the questions posed on your letter are as follows:
Question No. 1
May an ATP rated airman of a certificated FAR 121 Air Carrier give flight instruction under contract to individuals who are enrolled in an FAR Part 141 School?
Answer No. 1
No. While Section 61.169 does authorize the holder of a ATP to give instruction without holding a flight instructor certificate, this authorization is clearly limited in scope. One of these limitations is directed to the class of individuals receiving the instruction. Specifically, the section provides that the authorization only extends to instruction given to other pilots in Air Transportation Service. Individuals who are enrolled in an FAR Part 141 School would not fall within that class.
Question No. 2
Would the answer to Question No. 1 be different, if the information in Example No. 1 were Sierra Academy, an FAR Part 141/121 School?
Answer No. 2
No. The same reasoning discussed above would in our opinion also apply to the situation posed in this question.
Question No. 3
If the answer to question No. 1 or No. 2 is yes, must the ATP rated airman meet the requirements of FAR Sections 1.1.411 and 1.1.413?
Answer No. 3
Since our answers to the first two questions were in the negative, no answer to this question is required.
If you have any further questions, please feel free to contact us.
DEWITTE T. LAWSON, JR.
Regional Counsel
By:_______________________________
FREDERICK C. WOODRUFF
Associate Regional Counsel
