On Wed, 7 Mar 2007 17:10:05 -0800, Skidder wrote
(in article ):

As we all know, you can't carry a passenger unless you are current. But if
two pilots get in an aircraft with dual controls, can either of them really
be considered a passenger? You can log PIC from either seat.

Lets say, I have a PPL but am not current. My best friend has a PPL but is
not current. Both of us have a current medical? Is it legal for both of us to
get in an aircraft with dual controls, at the same time, shoot 6 take offs
and landings, 3 each, and log ourselves as current and split the flying time
in our logs?


It depends. First of all, you are misreading the reg. You have to be current
in the aircraft to act as PIC of an aircraft carrying passengers. Required
crewmembers are not passengers. Are both pilots required to fly the airplane?
If not, the one who is not acting PIC is a passenger.

Would be both absolutely have to have a current medical?


Whoever is acting as PIC has to have a medical. If a pilot has no medical,
then another pilot who has a medical has to go with him and act as PIC, so a
pilot with a medical becomes a required crewmember, not a passenger. There
could be some debate as to whether the guy without the medical is a required
crewmember, however. If neither pilot is qualified to act as PIC, then they
cannot fly.

Let us put it this way: What do you think the FAA will say if there is an
incident and neither pilot was current in the airplane and only one of them
had a current medical? Can you say "emergency revocation?"

He is an attorney and says the way he reads the regs, that it's not exactly
clear. I myself don't know, but thought the group might enjoy debating the
question.

Along the same lines, if a PPL *is* current. Can he go for insurance check
ride with an instructor that is not, or doesn't have a current medilcal?

Yes, at least as far as the medical goes. The instructor does not need to act
as PIC if the pilot is qualified to be PIC. Even so, the instructor still
gets to log the time as PIC, as does the pilot.

However, an instructor must be qualified and current in an aircraft that he
is giving instruction in. The instructor actually flies on the basis of his
commercial certificate, not his instructor certificate. Instructor
certificates do not confer flight privileges in and of themselves. Thus, he
can only instruct in those aircraft listed on both his commercial and
instructor certificates, and then only if he is current in them. A classic
example frequently asked by examiners and on instructor renewal exams is
whether an instructor can give instruction in a single-engine seaplane. His
commercial certificate says, "Airplane single and multiengine land,
instrument airplane." His instructor certificate says "Airplane single and
multiengine; instrument airplane." The correct answer is that the instructor
may not give instruction in a seaplane, because the commercial certificate is
limited to land planes. If the instructor gets a commercial seaplane
certificate then he is good to go.

Similarly, an instructor may not give instruction in a tailwheel airplane
unless he has a tailwheel signoff. The moment he gets the signoff he can
instruct in tailwheel airplanes without getting a new instructor certificate.
Same goes for other signoffs such as high performance or pressurized planes.
Since there is no instructor certificate in blimps, any commercial blimp
pilot may give instruction.

So, an instructor may give instruction without a medical, but he may not give
instruction in an aircraft that he is not allowed to fly at a commercial
level. That means he has to be current in that aircraft IN ORDER TO GIVE
INSTRUCTION. BUT:

If a pilot wants to act as PIC while an instructor gets his landings current,
that is another matter. As long as the pilot is qualified to act as PIC then
he can do so for the benefit of the instructor. You let the instructor get
current on his landings, then the instructor starts giving instruction for
the insurance check ride. That is done all the time.

--
Waddling Eagle
World Famous Flight Instructor