Hypothetical ?? About Licensing

Several years ago, I was offered a warbird ride by one of the old timers at
the airport. So, of course, I took him up on it and had a great time riding
around in the front seat of an open cockpit biplane.

Now that the person has moved out of the area, I've been told by his friends
that A) He flunked his medical years ago and never got it back and B) His
aircraft, while probably safe, probably didn't have a valid annual.

OK, since the statute of limitations is presumably up and my flight with him
probably isn't verifiable anyway, I figure I'm free and clear of any
problems.

But, let's just say that either A) We got ramp checked on landing or B)
There was an accident with him flying the airplane (but w/o a license) and
yours truly riding along.

What would my exposure have been to enforcement action from the FAA, given
that I had every reason to believe that everything was on the up and up???

KB

Kyle Boatright wrote:
Several years ago, I was offered a warbird ride by one of the old timers at
the airport. So, of course, I took him up on it and had a great time riding
around in the front seat of an open cockpit biplane.

Now that the person has moved out of the area, I've been told by his friends
that A) He flunked his medical years ago and never got it back and B) His
aircraft, while probably safe, probably didn't have a valid annual.

OK, since the statute of limitations is presumably up and my flight with him
probably isn't verifiable anyway, I figure I'm free and clear of any
problems.

But, let's just say that either A) We got ramp checked on landing or B)
There was an accident with him flying the airplane (but w/o a license) and
yours truly riding along.

What would my exposure have been to enforcement action from the FAA, given
that I had every reason to believe that everything was on the up and up???

As long as he fessed up to being PIC,
I can't imagine you could be blamed
for anything. The regs seem pretty
clear to me that it's the PIC that's
responsible for all of those issues.

"Kyle Boatright" wrote in message
What would my exposure have been to enforcement action from the FAA, given
that I had every reason to believe that everything was on the up and up???

Check out the co-pilot's statement in this NTSB factual report-
http://www.ntsb.gov/ntsb/brief2.asp?...MIA06LA108& a
key=1

"The ACM reported that when the flight was approximately 3 miles north of
KFXE, "..we began having problems with one of the engines." The pilot then
began troubleshooting procedures for the engine, and shortly thereafter, "we
began experiencing problems with both engines simultaneously." The pilot
declared an emergency, and he (ACM) glanced at the fuel gauges and they were
indicating approximately 10-15 gallons of fuel remaining. The pilot
immediately turned towards the destination airport but "...we were unable to
make the field and decided to land on the road ahead of us." The ACM further
stated that specific details from him of what occurred are not available due
to the fact that he had never before been in a Cessna 414 airplane;
therefore, he was "...very unfamiliar with this type of aircraft."

The ACM in this report would be equivilent to you in your hypothetical
situation. He was requested to submit a report. He never heard anything more
about it.

D.

On Mar 8, 5:45 pm, "Kyle Boatright" wrote:
Several years ago, I was offered a warbird ride by one of the old timers at
the airport. So, of course, I took him up on it and had a great time riding
around in the front seat of an open cockpit biplane.

Now that the person has moved out of the area, I've been told by his friends
that A) He flunked his medical years ago and never got it back and B) His
aircraft, while probably safe, probably didn't have a valid annual.

OK, since the statute of limitations is presumably up and my flight with him
probably isn't verifiable anyway, I figure I'm free and clear of any
problems.

But, let's just say that either A) We got ramp checked on landing or B)
There was an accident with him flying the airplane (but w/o a license) and
yours truly riding along.

What would my exposure have been to enforcement action from the FAA, given
that I had every reason to believe that everything was on the up and up???

It depends on the certificate level you hold. If you are a private,
the FAA probably won't question you. However, if you are a CFI you
will likely be held responsible even if you were sleeping in the back.
The FARs talk a lot about PIC, but I've not seen that the FSDO holds
PIC to be as important when looking at enforcement, they tend to take
the "higher certificate".

-Robert

Robert M. Gary wrote:


It depends on the certificate level you hold. If you are a private,
the FAA probably won't question you. However, if you are a CFI you
will likely be held responsible even if you were sleeping in the back.
The FARs talk a lot about PIC, but I've not seen that the FSDO holds
PIC to be as important when looking at enforcement, they tend to take
the "higher certificate".


They attack the person who can be harmed the most by the certificate
action. This includes CFI's and any other working pilots
(ATP/Commercial pilots who actually are earning a paycheck).

On Mar 8, 8:45 pm, "Kyle Boatright" wrote:
Several years ago, I was offered a warbird ride by one of the old timers at
the airport. So, of course, I took him up on it and had a great time riding
around in the front seat of an open cockpit biplane.

Now that the person has moved out of the area, I've been told by his friends
that A) He flunked his medical years ago and never got it back and B) His
aircraft, while probably safe, probably didn't have a valid annual.

OK, since the statute of limitations is presumably up and my flight with him
probably isn't verifiable anyway, I figure I'm free and clear of any
problems.

But, let's just say that either A) We got ramp checked on landing or B)
There was an accident with him flying the airplane (but w/o a license) and
yours truly riding along.

What would my exposure have been to enforcement action from the FAA, given
that I had every reason to believe that everything was on the up and up???

KB

As far as I know there is no requirement for passengers to show
identification if ramp checked. You should be able to simply walk
away even if you happen to be a pilot. A problem would arise if the
PIC denies responsibility and points the finger at you. Then the next
logical choice would be for the FAA to check the aircraft documents.
If the airplane is registered in his name, and if airport records can
verify that he is the one who regularly flies that airplane, I think
this would be an open and shut case.