Pilot claims no blame in July crash

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?

In article NZiRf.117149$QW2.26358@dukeread08,
"Jim Macklin" wrote:

Further, the NTSB/FAA will consider the highest
rated pilot on the airplane to be PIC unless there is clear
evidence to the contrary.

yet another of example of stupidity in government.

--
Bob Noel
trim posts? bah, who needs thats?

That is one of the reasons the FAA internal rules do not
allow their inspectors to ever act as PIC during a flight
test. The PIC gets sued. But how else would you do it?


--
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.


"Bob Noel" wrote in
message
...
| In article NZiRf.117149$QW2.26358@dukeread08,
| "Jim Macklin"
wrote:
|
| Further, the NTSB/FAA will consider the highest
| rated pilot on the airplane to be PIC unless there is
clear
| evidence to the contrary.
|
| yet another of example of stupidity in government.
|
| --
| Bob Noel
| trim posts? bah, who needs thats?
|

There has been at least one case in the past where a CFI was riding in
the back seat and was still held to be liable due to having the highest
rating...
The FAA and NTSB is not above lieing and cheating and using someone for
a scapegoat if it suits their interest... Just look at the Moussai
trial where an FAA attorney has just now tainted witnesses by briefing
them on prior testimony that they were not entitled to know... Typical
of the FAA/NTSB

denny

"Denny" wrote in message
oups.com...
There has been at least one case in the past where a CFI was riding in
the back seat and was still held to be liable due to having the highest
rating...

Do you have a reference to any documentation of this case?

Thanks,
Gary

Denny wrote:
There has been at least one case in the past where a CFI was riding in
the back seat and was still held to be liable due to having the highest
rating...

Actually, the rule is the FAA goes after whoever will suffer the most
from the ruling. In this case, the live, CFI will. Given the choice
between a working ATP and a casual CFI, they'd go after the ATP with
a suspension.

On Mon, 13 Mar 2006 12:37:28 -0600, "Jim Macklin"
wrote in
NZiRf.117149$QW2.26358@dukeread08::

Further, the NTSB/FAA will consider the highest
rated pilot on the airplane to be PIC unless there is clear
evidence to the contrary.

So on each flight, if one finds himself to hold the highest rating
among the occupants of a flight, he should scrutinize all aspects as
though he were PIC, as well as taking a position at which there are
flight controls, and even taking over those controls if he deems it
prudent?

"Larry Dighera" wrote in message
...
Further, the NTSB/FAA will consider the highest
rated pilot on the airplane to be PIC unless there is clear
evidence to the contrary.

So on each flight, if one finds himself to hold the highest rating
among the occupants of a flight, he should scrutinize all aspects as
though he were PIC, as well as taking a position at which there are
flight controls, and even taking over those controls if he deems it
prudent?

Also, the highest-rated pilot should be able to log the time as PIC while
sleeping in the back seat.

Marco



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