frascaflyer
amateur drunkard
- Joined
- Jan 10, 2005
- Posts
- 21
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