Midwest Flyer Magazine

Aviation Law - On Your Side
Is A Safety Pilot Acting As Second In Command
Not Necessarily!
by Greg Reigel
If you are an
instrument
rated pilot,
you know that
you have to be
“current” in
order to legally
exercise the
privileges of
an instrument
rating as
pilot-in-command. Specifically, in
order to act as pilot-in-command
Greg Reigel
10 JUNE/JULY 2013 MIDWEST FLYER MAGAZINE
of an instrument flight, 14 C.F.R.
61.57(c) requires that the airman
must have performed and logged
(1) six instrument approaches; (2)
holding procedures and tasks; and
(3) intercepting and tracking courses
through the use of navigational
electronic systems, all within the
preceding six (6) calendar months.
Although these tasks may be performed
in instrument conditions, they may also
be performed in visual conditions by
“simulating” instrument conditions.
As you might expect, in order
to operate an aircraft in simulated
instrument conditions, certain
requirements must be met. 14 C.F.R.
91.109(b) allows this type of operation
in an aircraft equipped with fully
functioning dual controls, as long as
(1) the other control seat is occupied
by a safety pilot who possesses at least
a Private Pilot Certificate with category
and class ratings appropriate to the
aircraft being flown; and (2) the safety
pilot has adequate vision forward and to
each side of the aircraft, or a competent
observer in the aircraft adequately
supplements the vision of the safety
pilot.”
Unfortunately, some airmen can be
confused about the role of the safety
pilot during a simulated instrument
flight. It isn't uncommon for airmen
to refer to their safety pilot as being
“second-in-command.” However,
unless the aircraft being used is type
certificated for operation by more than
one pilot or the operation conducted
by the pilots requires a designated
second-in-command (e.g. an operation
conducted under 14 C.F.R. 135.101,
which requires a second-in-command
for IFR operations), the designation
of a safety pilot as an acting second in
command crewmember, is not accurate.
Now, you might be wondering how
a safety pilot may “log” his or her flight
time while acting as a safety pilot in
that situation. Well, you need to keep
in mind that “acting” as a secondin-command
pilot during a flight is
different than “logging time” for acting
as a safety pilot. Under the regulations,
an airman may log second-in-command
time for the portion of the flight during
which he or she was acting as a safety
pilot because the safety pilot was a
required flight crewmember for that
portion of the flight under FAR 14
C.F.R. 91.109(b). In that situation, the
airman was only acting as a safety pilot,
not as second-in-command for the
flight.
The distinction between “acting”
as second-in-command, or pilotin-command
for that matter, versus
“logging” second-in-command or pilotin-command
time, is an important one.
Depending upon the circumstances,
an airman may be able to both “act”
as second-in-command or pilot-incommand
and “log time” as secondin-command
or pilot-in-command. In
other situations, he or she may only be
able to do one or the other. Although
it can be tricky, airmen need to make
sure they understand the distinction to
ensure that they are logging their time
accurately and in compliance with the
regulations.
EDITORʼS NOTE: Greg Reigel is an
attorney with Reigel Law Firm, Ltd., a
law firm located in Hopkins, Minnesota,
which represents clients in aviation
and business law matters (www.
aerolegalservices.com, 952-238-1060).
Email your questions or comments
to: greigel@aerolegalservices.com.
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