Weasil,
You are correct on both counts. The examiner and FSDO were not. (which is largely irrelevant, as it was accepted anyway).
The FAA altered the regulation several years ago to enable a student in a multi engine airplane to fulfill the requirement either in solo flight, or by "...performing the duties of pilot in command in a multiengine airplane...". This was a concession to allow a student to meet the regulation while acting within the constraints of insurance requirements and those of various operators or schools.
The FAA never altered the requirements for logging pilot in command time.
A very important distinction is that acting as pilot in command, and logging pilot in command, are not the same thing.
In this case, the student is performing the duties of pilot in command, but is NOT acting as pilot in command. Acting as pilot in command requires being rated in the aircraft (cateogry and class, and type if appropriate); the student is not rated in the airplane, and cannot act as pilot in command. Instead, the student may perform the duties of PIC, but may not hold the responsibility.
Under 61.51(e), logging of pilot in command, no provision exists for the logging of this flight time as pilot in command time. A student must log it as instruction received, with the notation that the flight time has been performed in accordance with 61.129(b)(4), and that the student has performed the duties of pilot in command.
The student cannot act as pilot in command, nor can the student log the flight time as such.
You are correct on both counts. The examiner and FSDO were not. (which is largely irrelevant, as it was accepted anyway).
The FAA altered the regulation several years ago to enable a student in a multi engine airplane to fulfill the requirement either in solo flight, or by "...performing the duties of pilot in command in a multiengine airplane...". This was a concession to allow a student to meet the regulation while acting within the constraints of insurance requirements and those of various operators or schools.
The FAA never altered the requirements for logging pilot in command time.
A very important distinction is that acting as pilot in command, and logging pilot in command, are not the same thing.
In this case, the student is performing the duties of pilot in command, but is NOT acting as pilot in command. Acting as pilot in command requires being rated in the aircraft (cateogry and class, and type if appropriate); the student is not rated in the airplane, and cannot act as pilot in command. Instead, the student may perform the duties of PIC, but may not hold the responsibility.
Under 61.51(e), logging of pilot in command, no provision exists for the logging of this flight time as pilot in command time. A student must log it as instruction received, with the notation that the flight time has been performed in accordance with 61.129(b)(4), and that the student has performed the duties of pilot in command.
The student cannot act as pilot in command, nor can the student log the flight time as such.
