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What's the applicable category and class? Are you kidding me? So, if I hold a private pilot certificate, with ASEL and instrument ratings (no MEL), then I could fly a twin as long as I never looked out side? Look on your pilot certificate, your instrument rating is not specific to a class.

Don't confuse pilot certificates with instructor certificates. The applicable category and class for acting as PIC (as a pilot) is different than the applicable category and class for instructing. That's why you need to hold category/class on your pilot certificate - AMEL-IA, because it applies to acting as PIC. The applicable category/class for *instructing* in an *instrument instructing* situation is airplane. That's what applies for instrument instruction!

This is from the Part 61 FAQ, which holds no legal weight at all.


Wrong again. It constitutes FAA policy in the absence of contrary legal opinions.

From the FAQ:

QUESTION: What is the legal status of the Q&A website? Considering the authority of Practical Test Standards, Public Laws, statutes, Federal Regulations, FAA Orders, FAA Notices, FAA Bulletins, legal interpretations, where does the Q/A website fit in the degree of authority in comparison to the other references and rules? Will the Q/A website ever “go away”?

ANSWER: The legal status of the Q&A are as stated on the disclaimer statement on the front page of the Q&A document.

The answers provided in the Q&As, in the order of authority, would probably be No. 7.

1. Public Law/statutes
2. Federal Regulations
3. FAA legal interpretations (for those interpretations that have been updated to conform to the current rules).
4. FAA orders (for those directives/guidance that have been updated to conform to the current rules)
5. FAA notices (for those directives/guidance that have been updated to conform to the current rules)
6. FAA bulletins (for those directives/guidance that have been updated to conform to the current rules)
7. Parts 61 & 141 Frequently Asked Questions, (Q&As)
8. FAA Advisory Circulars

And from the FAA memo at the beginning of the FAQs:

"There is a disclaimer statement at the beginning of each of these websites that state the answers provided are not legal interpretations. Only the FAA's Office of Chief Counsel and Regional Chief Counsel provide legal interpretations. However, it is important that our personnel be aware of these websites. I want it understood that the answers and information provided on these websites are official FAA Flight Standards policy about Part 61, Part 141, and Part 142.

James J. Ballough"

It's official policy absent of legal interpretations, which is what we have here.

It holds the second meaning. If it held the first, then it would say "must hold an instrument rating on his or her flight instructor certificate and a pilot certificate that is appropriate to the category and class

Not necessarily. It says what it says. It can hold the first meaning saying exactly what it does say. It's up to interpretation, and the only interpretation that matters is the FAAs. Not yours, and not mine.

personally I think allowing anyone who doesn't hold the cat/class rating on their CFI ticket to teach in an airplane is BS. Before you go an do it, you should probably talk to your insurance company as well, I'm sure they'd love to have a CFI without ASEL OR AMEL giving instruction.

I've never indicated that I think otherwise. We're arguing whether something is legal, not whether it is prudent.

FF
 
Ralgha said:
According to the regs, and CFII (with no airplane ratings) can only give ground and simulator instruction. No muli or single instruction.

The applicable regs have already been quoted in this thread, but here they are consolidated:

61.195 (b) Aircraft ratings. A flight instructor may not conduct flight training in any aircraft for which the flight instructor does not hold:

(1) A pilot certificate and flight instructor certificate with the applicable category and class rating

The aircraft ratings in that reg refers to aircraft ratings that the instructor must hold, not that the training is for an aircraft rating. Notice that the meat of the reg makes no reference to what type of training, whereas the next part for instrument training does.

61.195 (c) Instrument Rating. A flight instructor who provides instrument flight training for the issuance of an instrument rating or a type rating not limited to VFR must hold an instrument rating on his or her flight instructor certificate and pilot certificate that is appropriate to the category and class of aircraft in which instrument training is being provided.

Part (c) actually has no bearing on the issue. Everybody seems to agree that the instructor must be a "double-I". However, even if it did, part C still requires that the instrument rating on the instructor certificate be appropriate to the cat/class. There is no ambiguity unless you try to force it to be there.



The CFII is not useless, they can give ground and simulator instruction. Now sure, most people here would find that useless, because you wouldn't be able to build that oh so valuable flight time as a time building CFI. Realize that the CFI was not intended, and should not be, a time builder. The CFI should be someone who cares about teaching people, and such a person would not be turned off by not getting flight time. According to the letter of the law, a CFII can not give instruction in an aircraft.

A CFII can not give flight training you are right, but he can give instrument flight training as long his pilot certificate is appropriate to the category and class.

By your argument a CFII (without CFI(ASEL))= IGI. This is FALSE. I asked about this specific issue because I had a CFII, but no CFIASEL and the FAA (Ft. Lauderdale and Salt Lake FSDO) confirmed that I could give instrument flight training in an airplane as long as my pilot certificate had the approriate cat/clas for the instrument platform.

Again, not my interpretation, it is what the FAA verbally explained to me. They also explained to me that 61.195(b) DOES NOT apply to instrument flight training.
 

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