The name on the flight plan must be a legal and current IFR
rated pilot. When a CFI is giving training in IMC or on an
IFR flight plan, the custom is for the student to plan the
flight and file the flight plan using the instructor's name
[with permission of the CFI] and the CFI will know this. The
flight plan and clearance will be thoroughly understood by
each pilot and the CFI is PIC of record.

When a pilot is taking the IFR practical test, they are
presumed to be legally qualified and that is the first time
they can legally file IFR under their own name.

But the point is, that if you are a pilot and another person
on the airplane files the flight plan and uses your name you
will be considered to be the PIC, even if you are in the
back seat. Further, the NTSB/FAA will consider the highest
rated pilot on the airplane to be PIC unless there is clear
evidence to the contrary.


--
James H. Macklin
ATP,CFI,A&P

--
The people think the Constitution protects their rights;
But government sees it as an obstacle to be overcome.
some support
http://www.usdoj.gov/olc/secondamendment2.htm
See http://www.fija.org/ more about your rights and duties.


wrote in message
...
| Jim Macklin wrote:
|
| You file a flight plan by telephone, or perhaps a
computer
| on the Internet. Nobody really knows what name is on
the
| flight plan and if that person is legal and who is
claimed.
| Only after an accident or other investigation is the
actual
| identity of the people on the airplane established.
|
| If your passengers know your name and they want to use
your
| name and certificate, there is nothing but their ethics
to
| stop them. If you are a pilot riding as a passenger and
| want to be sure, make a call to FSS/ATC before the
flight
| departs and state that you are NOT the PIC and you did
not
| file the flight plan. ATC might not have the full
details
| of the flight plan, such as the name of the pilot. But
if
| you care, make it a FACT.
|
| One doesn't have to be instrument rated to file an IFR
flight plan, do
| they? What about a pilot that is working toward their
instrument rating?
| Their CFII doesn't file the flight plan *for* them, filing
is all part
| of the training, no?