Midwest Flyer Magazine

AVIATION LAWCan You Log PIC Flight Time In IMC Without An Instrument Rating?by Gregory J. ReigelAttorney At LawAccordingto aDecember14, 2011 LegalInterpretation,yes! The FAA waspresented with ascenario in whichPilot A and Pilot Greg ReigelB both holdairplane single-engine land private pilotcertificates. They fly a cross-countrytrip together in a single-engine landairplane. The flight is conducted inInstrument Meteorological Conditions(IMC) under an IFR flight plan filed byPilot A, who is instrument rated, whilePilot B is not. Although Pilot A acts asthe actual PIC for the entire flight, for ahalf-hour leg of the flight during IMC,Pilot B is the sole manipulator of thecontrols. The FAA was then asked thequestion “whether Pilot B can log actualinstrument and PIC flight time forthe portion of the flight during whichPilot B was the sole manipulator of thecontrols.”The Interpretation initially notedthat for the purpose of logging PICtime under FAR 61.51(e), a pilot musthold ratings for the aircraft (category,class and type, if a type rating isrequired), rather than for the conditionsof flight. It then concluded that eventhough Pilot B was not instrumentrated and the flight was conducted inIMC, Pilot B could log PIC flight timefor the portion of the flight duringwhich Pilot B was the sole manipulatorof the controls since he was properlyrated in the aircraft. The FAA wenton to note that Pilot B could also logactual instrument time for the portionof the flight during which Pilot B wasthe sole manipulator of the controlsunder FAR 61.51(g)(1).Next, the Interpretation addressedthe logging of flight time by Pilot A.According to FAR 61.51 (e)(1)(iii), apilot acting as PIC may only log PICtime if more than one pilot is requiredunder the aircraft’s type certificateor the regulations under which theflight is conducted. Since only onepilot was required for the flight in thescenario presented to the FAA, theInterpretation concluded that Pilot Acould not log PIC time for the portionof the flight during which Pilot B wasthe sole manipulator of the controls.The FAA reached this conclusion inspite of the fact that Pilot B couldnot act as PIC (no instrument rating)and Pilot B was not a required flightcrewmember for any portion of theflight under the aircraft’s type certificateor the regulations under which theflight was conducted.Aircraft InsuranceSpecialists Since 1978PISTON & TURBINE AIRCRAFTAIRPORTSFIXED BASE OPERATORSCHARTER OPERATORSCORPORATE FLEETSMAINTENANCE PROVIDERSAGRICULTURAL AVIATIONOWNER-FLOWN AIRCRAFTAIRLINESHELICOPTERSMANUFACTURERSFLIGHT SCHOOLSMANAGEMENT COMPANIESCOMPLETIONS CENTERSFor more information about NationAir, visit our website at www.NationAir.com0/""#$%$&'(&)*')+,)-"./0.""+123)&'"456)-"+#%#718)"""