Expert: D. Norkus - 5/31/2010

Question
QUESTION: I have a current medical, but my BRF is way of date.

Can I fly as PIC with a CFI that does not have a current medical?

ANSWER: Steve.

No, because neither of you are qualified to act as PIC.

FAR 61.3(c)(2)(iv)says a CFI is not required to have a medical certificate to teach, provided they are not acting as pilot in command or as a required pilot crew member. Since you cannot act as PIC without your BFR, the CFI would need a current one to do you BFR as they would be the PIC. Once you get current with your BFR, you can legally fly with this CFI provided you can act as PIC in the aircraft during training.

An article of interest-
http://www.aopa.org/asf/publications/inst_reports2.cfm?article=4674

Blue Skies,
Dottie

---------- FOLLOW-UP ----------

QUESTION: Thanks Dottie.

My wife is getting her BFR now and working towards a CFI rating. It looks like she can log PIC time while getting the instruction because FAR 61.56(g) says you can log PIC time if you have a solo flight endorsement and are undergoing training for a certificate.

Would you agree?

Answer
Yes. Two pilots cannot act as PIC at the same time but they can both log PIC simultaneously.  Logging versus acting PIC: Both the PIC responsible for the safe operations of the aircraft during flight time in accordance with FAR 1.1, and the pilot who acts as the sole manipulator of the controls of the aircraft for which the pilot is rated under FAR 61.51 may both log PIC. There is nothing in the FARs which prohibits an appropriately rated private or commercial pilot from logging PIC time under 61.51(c)(2)(i) while receiving flight instruction from a CFI.


A current and appropriately rated pilot may log PIC during that time they are acting as "the sole manipulator of the controls of an aircraft for which the pilot is rated" [61.51 (e)(1)(i)]. So, while getting instruction for the CFI, she may log PIC time under those circumstances. When the pilot/student is not current or rated in the aircraft, their flight instruction is logged as dual not PIC.

61.51(e)(3) states an instructor may log flight time as PIC when that individual is instructing as legal PIC. However the controlling pilot is the acting PIC-

§ 61.51(e) Logging pilot-in-command flight time. (1) A ... commercial pilot may log pilot in command flight time for flights-
(i) When the pilot is the sole manipulator of the controls of an aircraft for which the pilot is rated...
or
(iv) When the pilot performs the duties of pilot in command while under the supervision of a qualified pilot in command provided—
(A) The pilot performing the duties of pilot in command holds a commercial...pilot certificate and aircraft rating that is appropriate to the category and class of aircraft being flown, if a class rating is appropriate;

http://www.faa.gov/about/office_org/field_offices/fsdo/sdl/local_more/avsafety_p