AVIATOR pOinls - American Bonanza Society

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When more than one rated pilot has access to the flight controls of an aircraft, it can create confu sion as to which pilot is considered pilot in command (PIC). Federal Aviation Regulation 91.3 states that the PIC is the person who is directly responsible for, and is the final authority, as to the operation of an aircraft. This may seem to be a straightforward regulation, but it lacks clarification when determining which pilot is considered PIC at a specific moment in the flight. This becomes even more important when attempting to determine which pilot may have caused an accident. The problem of identifying the PIC in these situations can be complicated and may have severe ramifications for your insurance coverage. This is in part due to the fact that the term PIC has different implications, depending on the context in which it may be used. Pilots who received their training in the milital)l will recall that the PIC was considered the pilot who signs for the aircraft and is held accountable for the acts of the crew. This may be a clearcut rule for the milit3l)l, but it does not apply to civi lian flights when there is more than one pilot at the controls wi th no agreement in place as to which one is considered PIC. The courts have ruled broadly on this issue. some ruling that FAA and NTSB rules and regulations are binding. Other case law has ruled that the FAA is the final authority over the operation of the aircraft, but that the regulations do not alter the common law governing negligence and burden of proof. In Todd v. Weikle, the court employed the "presumption of continuity" in holding that the pilot who operated the aircraft on takeoff was the PIC at the moment of impact, in the absence of any evidence to the contrary. Some state legislatures have tried to create laws to govern these situations. Ohio's Motor Vehicle, Aeronautics and Watercraft Code in part dictates that it is presumed that the pilot in command, who is flying the aircraft at the time of the crash, and immediately prior thereto, is the occupant of the left front seat unless any part of the flight is for instruction, and then the CFT is presumed to be the PIC. The Minnesota Rule, created by the Minnesota Supreme Court, states that a CFI is presumed to be PIC at the time of a training flight accident, even if the second pilot was licensed and manipulating the controls. The various examples indicate that determining the PIC can be complex. An FAA or NTSB determination does not bind the courts. The courts will try to deal with these issues fairly, but most judges and jurors will not have any aviation background to draw from and may make the wrong decision. It is certain that it is best to have clear lines of communication between pilots in the cockpit as to who is considered the PIC and under what circumstances. This could eliminate much heated disagreement and litigation after a loss. It is not important that ABS members become experts on the various legal theories on this subject. It is imperative, however, that they understand how the determination of the PIC may affect the typical aircraft insurance policy. The Pilot Warranty found in any aircraft policy typically names each of the approved pilots and then provides for certain minimum pilot ratings and hourly requirements. It is important that each insured understand that if a PIC is not approved-either by name or by meeting the mirtimum pilot requirements-the pol icy would be void in the event of an in flight accident caused by the pilot. The situation of hav ing two pilots with access to the controls and both are approved pilots does not normally pose a coverage problem. It may well present a problem of who is in command. However, when one of the pilots is not qualified under the policy, the insured may be placing their coverage in jeopardy if a non-covered pilot is allowed to fl y the aircraft, or agrees to allow the aircraft to be used for training of a pilot who is not approved under the insurance pOlicy. They may have a mistaken belief that the insurance policy would not be voided as long as an approved CFI or other approved pilot has access to the controls of the aircraft. Since this is not the intention of most underwriters, an insured should not assume that the insurance carrier would pay a resulting loss. Most underwriters are of the opinion that using the aircraft for instructing an additional pilot increases the hazard, and they should be notified and have an opportunity to charge the appropriate premium. It is possible follow ing a crash that a determination may be made that the CFT is not pilot in command of the aircraft. In the court case Udseth v. United States, the U.S. Tenth Court of Appeals held that the CFI could not be held liable for a fatal crash in the absence of direct proof that the student pilot or the CFI was flying the aircraft at the time of the accident. It is important to have a clear understanding of which pi lot will have PIC responsibilities whenever your aircraft is flown with more than one pilot. [t is also important that you not rely on your avialion knowledge or intuition to determine whether or not a pilot is approved under the insurance policy. If there is any question. please contact your Falcon insurance represe ntative and have the pilot specifically approved under the policy. @ Thanks 10 all members who have their insurance coverage Ihraugh Ihe ASS pragram adminislered by Falcon Insurance Agency. There is no extra charge 10 Ihe individual member. and Falcon's active sponsorship of ASS pragrams helps us expand services 10 all members. The more members who use Falcon. Ihe more cloullhe agency has in Ihe aviation insurance induslry on our behalf. If you're nol part of Ihe ASS Insurance Program. we urge you 10 obla in a quole from Falcon prior 10 your nexl renewal. Call Falcon 01 BOO-259-4ASS (4227).
REGIONAL NEWS ---------------------------- -- -- ---- Northwest Bonanza Society On Saturday, August 16, six airplanes brought 13 people, induding two couples from Vancouver, British Columbia, to San Juan Island, landing at Friday Harbor Airport. The airport is on the water just a stone's throw to Victoria, BC, Canada, on Vancouver Island. We enjoyed a wonderfu l lunch at Ernie's, a Korean restaurant where we sat outside and watched the airplanes come and go. When it is nice up here, it is really nice. We had placed advance orders for Bugie Gogi. the house specialty-marinated pork or beef accompanied by kim chee, a very hot Korean cabbage dish. Friday Harbor is a tourist town. and on beautiful days like this, the boats and airplanes were flocking to it. Many came over on ferries, a four-hour trip considering the wait times, and to fly here from Seaule takes 20 minutes. These flying machines of ours are like magic carpets sometimes, aren't they' Southwest Bonanza Society - In spite of the heat on August 9 during the Southwest Bonanza Society'S fly-in to Shreveport, Louisiana. these members seem to be enjoying the "thrill of the chill " at their ice cream social. We expect to get together a few more times this year, but be sure to check our website because we must give members short notice due to our changeable Northwest weather. - John Foose This was the view as NWBS members flew into Friday Harbor Airport on Son Juan Island. ABS October 2008 www.bonanza.org Page 11013
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AVIATOR pOinls - American Bonanza Society

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