In virtually every case when I have an emergency on board, if I have someone as a student or a junior, I have them fly the airplane. Experience like that can't be bought, and it's a valueable lesson. I would be highly remiss as an instructor and a senior in depriving that person of the experience. It's a matter of managing the event and providing proper oversight and instruction such that the outcome is favorable. There is no reason why the student can't fly the airplane.
I teach a student to do an emergency landing over and over. A person will NEVER fly with me without experiencing multiple engine failures, and very seldom will these occur near a runway. Frequently I take the student to the ground, often to the flare in a pasture or over a country road. If it's permissible with the aircraft owner, I'll land them there, too. Therefore, I should have no beef with a student being prepared to handle the real thing, because I've taken them there so many times it's second nature. An instructor who fails to instill this in a student has failed the student...and I see it a lot today.
As far as I am concerned, if an instructor is afraid to let the student handle an emergency, the instructor has already failed the student. Certainly some oversight and supervision is in order, but for most all but primary students, I make it clear that in the event of an emergency, I want the student to treat the flight as though he or she is pilot in command. In many cases, the student IS the pilot in command.
Many instructors feel that they will be blamed because they have an instructor certificate, or more hours. More hours means nothing. An instructor certificate is not a higher certificate; it's not even a pilot certificate. It's a teachers certificate. In many cases, instructors fly in aircraft when they are not able to act as pilot in command (such as instructors who cannot hold a medical certificate). The FAA does not expect the instructor to be PIC, and nowhere is this required by the regulation, except in circumstances in which the other pilot (student) is not able to act as PIC.
If I instruct an owner in his or her aircraft, I do not presume to tell the owner I am in charge. If I am instructing for a club or school which has a policy about the instructor being pilot in command, this has already been agreed and determined, and is only verified by a briefing before the flight begins. So be it. However, there is no need to be the PIC in every case.
If an instructor shows negligence and allows an accident to happen which has been preventable, then the instructor is liable. If the instructor shows poor judgement in his or her capacity, then the instructor is liable. One might suggest that any time an ATP is on board, his or her greater experience should make him or her liable. Cases have been recorded when others on board have been held liable. It's certainly possible. However, the pilot in command is ultimately responsible for the safe outcome of the flight.
In 1967, a court case (Newberger v. Pokrass) determined that a passenger may be held liable in part for negligence on the part of the pilot in command. In that particular case, both the passenger and the PIC fell asleep. A crash resulted. The passenger sued the pilot's estate, citing neglegence and claiming damages and injury. The jury decided that the PIC (Pokrass) was 85% responsible, but that the passenger (Newberger) was 15% responsible. The jury felt that had the passenger been awake, he may have been able to prevent the incident from occuring.
Quite obviously the passenger is not automatically the PIC. Neither is an instructor. Liability may be had in many ways, but don't fall into the trap of thinking because you hold a teaching certificate it is grounds for ultimate liability, or responsibility. It isn't. You must do your job on all counts, and you must take reasonable precautions to see, within the limits of your responsibility in the airplane, that the flight is conducted safely. However, that ultimate responsibility rests with the PIC, even if that PIC happens to be your student.
I teach a student to do an emergency landing over and over. A person will NEVER fly with me without experiencing multiple engine failures, and very seldom will these occur near a runway. Frequently I take the student to the ground, often to the flare in a pasture or over a country road. If it's permissible with the aircraft owner, I'll land them there, too. Therefore, I should have no beef with a student being prepared to handle the real thing, because I've taken them there so many times it's second nature. An instructor who fails to instill this in a student has failed the student...and I see it a lot today.
As far as I am concerned, if an instructor is afraid to let the student handle an emergency, the instructor has already failed the student. Certainly some oversight and supervision is in order, but for most all but primary students, I make it clear that in the event of an emergency, I want the student to treat the flight as though he or she is pilot in command. In many cases, the student IS the pilot in command.
Many instructors feel that they will be blamed because they have an instructor certificate, or more hours. More hours means nothing. An instructor certificate is not a higher certificate; it's not even a pilot certificate. It's a teachers certificate. In many cases, instructors fly in aircraft when they are not able to act as pilot in command (such as instructors who cannot hold a medical certificate). The FAA does not expect the instructor to be PIC, and nowhere is this required by the regulation, except in circumstances in which the other pilot (student) is not able to act as PIC.
If I instruct an owner in his or her aircraft, I do not presume to tell the owner I am in charge. If I am instructing for a club or school which has a policy about the instructor being pilot in command, this has already been agreed and determined, and is only verified by a briefing before the flight begins. So be it. However, there is no need to be the PIC in every case.
If an instructor shows negligence and allows an accident to happen which has been preventable, then the instructor is liable. If the instructor shows poor judgement in his or her capacity, then the instructor is liable. One might suggest that any time an ATP is on board, his or her greater experience should make him or her liable. Cases have been recorded when others on board have been held liable. It's certainly possible. However, the pilot in command is ultimately responsible for the safe outcome of the flight.
In 1967, a court case (Newberger v. Pokrass) determined that a passenger may be held liable in part for negligence on the part of the pilot in command. In that particular case, both the passenger and the PIC fell asleep. A crash resulted. The passenger sued the pilot's estate, citing neglegence and claiming damages and injury. The jury decided that the PIC (Pokrass) was 85% responsible, but that the passenger (Newberger) was 15% responsible. The jury felt that had the passenger been awake, he may have been able to prevent the incident from occuring.
Quite obviously the passenger is not automatically the PIC. Neither is an instructor. Liability may be had in many ways, but don't fall into the trap of thinking because you hold a teaching certificate it is grounds for ultimate liability, or responsibility. It isn't. You must do your job on all counts, and you must take reasonable precautions to see, within the limits of your responsibility in the airplane, that the flight is conducted safely. However, that ultimate responsibility rests with the PIC, even if that PIC happens to be your student.