On Mar 8, 12:26 am, "Skidder" wrote:
It doesn't matter who's flying the airplane and it doesn't

matter who is in which seat, the non-PIC will be considered a pax.

What reg establishes this?

Unfortunately, I could not find the definition of "Passenger" in the
FAR.
I would say though, that in an aircraft, you can have two types of
people:
Passengers and crewmembers. (I couldn't find anything in the regs that
supports this either, but I don't see how it could be other way)

However, there is a definition of crewmember in FAR 1.1

Crewmember: "person assigned to perform a duty during flightime"

So you could get by with assigning a duty to the other pilot, and
he'll be a crewmember.
However next time I am not current and I need to take a friend flying,
I could also tell him: "hey, you are in charge of handing me the
charts whenever I request them"
So now he's also a crewmember per FAR 1.1. He doesn't need to be
qualified because he's not a required crewmember, but I assigned him
duties.

I doubt the FSDO would be happy with either of these arguments,
though.


In your scenario, none of the pilots is qualified to ACT as PIC of a
flight with a pax (i.e. an individual who is not the PIC or required
crewmember), per 61.57 (1). so the flight cannot be conducted. Even in
an aircraft where there is a required crewmember the PIC has to be
current as well (also per 61.57 (1))

Not until we find a reg that stipulates the second pilot is a pax.

--
Skidder