"Teacherjh" wrote...
Jack and Jill are both private pilots, neither is a CFI. Jack is out of
night
currency, Jill is current.

Jack and Jill go flying at night under part 91, with Jack sitting in the
left
seat (I know it doesn't matter) and manipulating the controls, while Jill
acts
as PIC.

First, 91.109(b) does not apply; Jill is not acting as a "safety pilot" for
simulated instrument flight.

How can Jill "act as PIC" while Jack is manipulating the controls?!?

If Jill is "acting as PIC," how can she legally/rightfully allow a
non-current person -- who admittedly is not comfortable flying the airplane
at night -- to manipulate the controls, especially in critical operations
such as takeoffs and landings? Since she is not a CFI, we cannot assume
Jill has the ability to recognize a deteriorating situation and take control
of the airplane in a reasonable manner.

IMO, though 61.51(e) and 61.57 are not totally clear, their intent is
reasonably clear to me when considered together.


3) Has Jack violated the FARs pertaining to carrying passengers at night?
(It
would seem not, since Jill is the PIC and Jack doesn't even have to be a
pilot)

How is Jill the PIC, if she is not performing the duties of the PIC?

Why doesn't Jack have to be a pilot to operate an airplane?

At the very least, the operation is a violation of 91.13(a). There are 2
simple options for accomplishing the requirements of 61.57 without question
of legality:

Jack goes around the patch for 3 landings at a familiar, prominent,
well-lighted airport, then picks up Jill for the remainder of the flight
away from the airport. If necessary, Jill operates the airplane from home
airport to selected airport.

Jack hires a CFI to go with him for a night refresher flight, to include
3 landings.

Since reasonable options are available, there is no reason to use a
questionable practice.


4) Has Jill violated those FARs? (It would seem not, since Jill is night
current)

She -- as "PIC" -- allowed a non-current pilot to perform critical
operations and "act as PIC."