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Wings vs. BFR



 
 
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  #1  
Old August 2nd 09, 06:22 AM posted to rec.aviation.piloting
Jim Logajan
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Posts: 1,958
Default Wings vs. BFR

Sylvain wrote:
However, there are a couple of advantages with
the Wings program; for one thing, it is preferable for the CFI, for
liability reasons;


Setting aside the fact that in the U.S. anyone can sue anyone else for just
about any reason, I am unaware of any FAA regulation that would make a CFI
responsible for the actions of a pilot they had signed off on their BFR.

It would be helpful if you could cite case law or regulations that support
your claim.
  #2  
Old August 2nd 09, 02:24 PM posted to rec.aviation.piloting
Mike
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Posts: 573
Default Wings vs. BFR

"Jim Logajan" wrote in message
.. .
Sylvain wrote:
However, there are a couple of advantages with
the Wings program; for one thing, it is preferable for the CFI, for
liability reasons;


Setting aside the fact that in the U.S. anyone can sue anyone else for
just
about any reason, I am unaware of any FAA regulation that would make a CFI
responsible for the actions of a pilot they had signed off on their BFR.

It would be helpful if you could cite case law or regulations that support
your claim.


The CFI isn't responsible for the actions of a non-student pilot, however
they are responsible for fufilling all the requirements of the BFR and they
are responsible for accurate record keeping. So the applicable portion of
the FAR is 61.56 and 61.189.

It usually goes down something like this. A pilot does something stupid
like busts the class B or ADIZ and gets a free counseling session with the
FSDO. The FSDO guy looks at his logbook and says, "I see you got your last
BFR 3 weeks ago. Did your instructor say anything about airspace?"

To which the stupid pilot says, "No we really didn't talk at all. He just
looked at my logbook and we went flying."

"Hmmm, OK. I see the log entry says 0.9 hours. Is that how long you flew?"

"Oh yes, the FBO bills me for Hobbs time, so I'm sure that's correct."

So now the FSDO inspector has reason to believe the CFI didn't provide at
least 1 hour of ground training and 1 hour of flight training. Their next
call is to the CFI so he can get his free counseling session. The FSDO
reviews his records and sees that he logged 1.0 hours that day and that he
claims he provided 1 hour of ground training when clearly he did not. So
now the FSDO has him on 61.56, 61.189, and probably several other things
once they go over his records with a fine toothed comb and start talking to
other pilots he has signed off.

So the bottom line is if the CFI is doing everything he is required to do,
he has nothing to worry about if a pilot he gave a BFR screws up. However,
some CFIs that work for a FBO only get paid for flight time and not ground
training, so many of them have very little interest in doing something they
aren't getting paid for anyway. Also most CFIs I've met aren't the best
record keepers other than their own log. If the FSDO gets the impression a
CFI just pencil whipped a BFR, they aren't going to be too sympathetic
towards that CFI, and it's probably not going to be all that difficult to
find all the evidence they need to hang him. Even a minor violoation of
61.189 is enough to get a suspension and clearly willful violations can get
their CFI revoked indefinitely.

  #3  
Old August 2nd 09, 03:04 PM posted to rec.aviation.piloting
a[_3_]
external usenet poster
 
Posts: 562
Default Wings vs. BFR

On Aug 2, 9:24*am, "Mike" nospam @ aol.com wrote:
"Jim Logajan" wrote in message

.. .

Sylvain wrote:
However, *there are a couple of advantages with
the Wings program; *for one thing, *it is preferable for the CFI, *for
liability reasons;


Setting aside the fact that in the U.S. anyone can sue anyone else for
just
about any reason, I am unaware of any FAA regulation that would make a CFI
responsible for the actions of a pilot they had signed off on their BFR..


It would be helpful if you could cite case law or regulations that support
your claim.


The CFI isn't responsible for the actions of a non-student pilot, however
they are responsible for fufilling all the requirements of the BFR and they
are responsible for accurate record keeping. *So the applicable portion of
the FAR is 61.56 and 61.189.

It usually goes down something like this. *A pilot does something stupid
like busts the class B or ADIZ and gets a free counseling session with the
FSDO. *The FSDO guy looks at his logbook and says, "I see you got your last
BFR 3 weeks ago. *Did your instructor say anything about airspace?"

To which the stupid pilot says, "No we really didn't talk at all. *He just
looked at my logbook and we went flying."

"Hmmm, OK. *I see the log entry says 0.9 hours. *Is that how long you flew?"

"Oh yes, the FBO bills me for Hobbs time, so I'm sure that's correct."

So now the FSDO inspector has reason to believe the CFI didn't provide at
least 1 hour of ground training and 1 hour of flight training. *Their next
call is to the CFI so he can get his free counseling session. *The FSDO
reviews his records and sees that he logged 1.0 hours that day and that he
claims he provided 1 hour of ground training when clearly he did not. *So
now the FSDO has him on 61.56, 61.189, and probably several other things
once they go over his records with a fine toothed comb and start talking to
other pilots he has signed off.

So the bottom line is if the CFI is doing everything he is required to do,
he has nothing to worry about if a pilot he gave a BFR screws up. *However,
some CFIs that work for a FBO only get paid for flight time and not ground
training, so many of them have very little interest in doing something they
aren't getting paid for anyway. *Also most CFIs I've met aren't the best
record keepers other than their own log. *If the FSDO gets the impression a
CFI just pencil whipped a BFR, they aren't going to be too sympathetic
towards that CFI, and it's probably not going to be all that difficult to
find all the evidence they need to hang him. *Even a minor violoation of
61.189 is enough to get a suspension and clearly willful violations can get
their CFI revoked indefinitely.


I can't speak for other pilots, but I want the ^%*% BFR to make me a
safer pilot, and if the CFI wasn't tough enough I'd fire his ass. I
and another pilot do safety checks on each other every half year or so
for exactly the same reason -- the only time my airplane gets close to
FAA limits on pitch and bank is when he say "It's your airplane' when
I'm under the hood doing unusual attitude recovery work. I want at
least that much work from a BFI.

The idea isn't to get a log book entry, folks, the idea is to
demonstrate you know what you're doing to an objective observer. Don't
waste the opportunity.

  #4  
Old August 2nd 09, 04:54 PM posted to rec.aviation.piloting
Maxwell[_2_]
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Posts: 2,043
Default Wings vs. BFR


"a" wrote in message
...
On Aug 2, 9:24 am, "Mike" nospam @ aol.com wrote:
"Jim Logajan" wrote in message


-The idea isn't to get a log book entry, folks, the idea is to
-demonstrate you know what you're doing to an objective observer. Don't
-waste the opportunity.

But that's not really the point. If a CFI doesn't do he job, and it's
discovered by the FAA by any circumstances, they will pay a price.

But that is unrelated to a CFI being responsable for the later incidents of
a pilot who has satisfied even the minimun requirement for a BFR.




  #5  
Old August 2nd 09, 05:56 PM posted to rec.aviation.piloting
Mike
external usenet poster
 
Posts: 573
Default Wings vs. BFR

"a" wrote in message
...

I can't speak for other pilots, but I want the ^%*% BFR to make me a
safer pilot, and if the CFI wasn't tough enough I'd fire his ass. I
and another pilot do safety checks on each other every half year or so
for exactly the same reason -- the only time my airplane gets close to
FAA limits on pitch and bank is when he say "It's your airplane' when
I'm under the hood doing unusual attitude recovery work. I want at
least that much work from a BFI.

The idea isn't to get a log book entry, folks, the idea is to
demonstrate you know what you're doing to an objective observer. Don't
waste the opportunity.


You have the right idea that the FAA minimum requirements doesn't mean
you're a safe pilot. Personally I'm also doing a lot more than the 6
approaches every 6 months to keep myself IFR current also. But not all
pilots have that attitude. Many see the BFR as nothing more than a log book
entry, and there are CFIs out there who are more than willing to give a
drive by BFR.

  #6  
Old August 2nd 09, 07:01 PM posted to rec.aviation.piloting
vaughn[_2_]
external usenet poster
 
Posts: 92
Default Wings vs. BFR


"a" wrote in message
...
On Aug 2, 9:24 am, "Mike" nospam @ aol.com wrote:

The idea isn't to get a log book entry, folks, the idea is to
demonstrate you know what you're doing to an objective observer. Don't
waste the opportunity.


Exactly! I always take any pressure off my instructor by mentioning
right at the start that I don't care how long the process takes (air or
ground). I also always insist on hood time.

Vaughn


  #7  
Old August 2nd 09, 08:25 PM posted to rec.aviation.piloting
Jim Logajan
external usenet poster
 
Posts: 1,958
Default Wings vs. BFR

"Mike" nospam @ aol.com wrote:
"Jim Logajan" wrote in message
.. .
Sylvain wrote:
However, there are a couple of advantages with
the Wings program; for one thing, it is preferable for the CFI,
for liability reasons;


Setting aside the fact that in the U.S. anyone can sue anyone else
for just
about any reason, I am unaware of any FAA regulation that would make
a CFI responsible for the actions of a pilot they had signed off on
their BFR.

It would be helpful if you could cite case law or regulations that
support your claim.


The CFI isn't responsible for the actions of a non-student pilot,


The post by Sylvain appears to have claimed otherwise.

The remainder of your post deals with the responsibility of a CFI with
respect to the CFI's actions - not the actions of another person. That was
a given - at least for me.

So the bottom line is if the CFI is doing everything he is required to
do, he has nothing to worry about if a pilot he gave a BFR screws up.


Quite. My point of objection to Sylvain's post is that rumors and
assertions have a habit of becoming "fact". If CFIs started believing that
the FAA could hold them responsible for the actions of pilots who they
passed on BFRs, I have no doubt it could seriously impact aviation.
  #8  
Old August 2nd 09, 09:33 PM posted to rec.aviation.piloting
Mike
external usenet poster
 
Posts: 573
Default Wings vs. BFR

"Jim Logajan" wrote in message
.. .
"Mike" nospam @ aol.com wrote:
"Jim Logajan" wrote in message
.. .
Sylvain wrote:
However, there are a couple of advantages with
the Wings program; for one thing, it is preferable for the CFI,
for liability reasons;

Setting aside the fact that in the U.S. anyone can sue anyone else
for just
about any reason, I am unaware of any FAA regulation that would make
a CFI responsible for the actions of a pilot they had signed off on
their BFR.

It would be helpful if you could cite case law or regulations that
support your claim.


The CFI isn't responsible for the actions of a non-student pilot,


The post by Sylvain appears to have claimed otherwise.

The remainder of your post deals with the responsibility of a CFI with
respect to the CFI's actions - not the actions of another person. That was
a given - at least for me.


I believe the word was "liability" and not "responsibility", and this is
more or less correct. For each and every pilot a CFI provides a BFR, that
CFI can be subject to being called on the carpet by FSDO, and such things do
happen. In other words, his backside could very much be on the line. That
doesn't mean he's responsible for each and everything that pilot does for
the next 2 years, it just means it is a potential liability. And while yes,
the CFI is only responsible for his own actions in regards to the BFR, I
don't know of any CFIs who are so sure of themselves and their record
keeping abilities that they wouldn't be worried about the experience. It's
kinda like getting audited by the IRS. It's not something you look forward
to even if you have never cheated on your taxes.

So the bottom line is if the CFI is doing everything he is required to
do, he has nothing to worry about if a pilot he gave a BFR screws up.


Quite. My point of objection to Sylvain's post is that rumors and
assertions have a habit of becoming "fact". If CFIs started believing that
the FAA could hold them responsible for the actions of pilots who they
passed on BFRs, I have no doubt it could seriously impact aviation.


I can't really see that happening even on the extremely outside chance that
a usenet post could possibly start some sort of wildfire rumor across the
aviation community. There's no shortage of CFIs, and a good number of the
ones who are out there are already willing to work for slave wages, and many
of them don't seem to be too concerned about liability. Case in point,
let's say a CFI gives someone instruction in their own aircraft and both of
them manage to turn the airplane into scrap. The insurance company can very
well say that since the CFI was performing professional services in the
aircraft, it was being used for commercial purposes and therefore they
aren't going to pay. How many CFIs do you know carry personal liability
insurance for just such instances? I know a lot of CFIs and I don't know of
any that do.

Every CFI that signs off on a BFR should be worried about it coming back to
haunt them. That exactly why they should be doing at least the minimum
required by the FARs, if not far exceeding them, and documenting all of
their actions.

  #9  
Old August 1st 09, 07:45 PM posted to rec.aviation.piloting
RandyL[_3_]
external usenet poster
 
Posts: 9
Default Wings vs. BFR

Hi Dallas,
All of the BFR's that I have taken consisted of one hour of classroom work,
and two hours of flight time.

Randy L.

--
Remember: Any landing that you can walk away from,
is a landing that you can be fined, sued, or prosecuted for.

"Dallas" wrote in message
...

I always thought taking a wings seminar was a simple way to get your BFR
out of the way. After a little Internet research it seems they require
three hours of dual flight instruction to qualify as a BFR. Is that
correct?

It would be much easier and cheaper to just do the BFR.. I don't see the
incentive for the Wings Program as a substitute for a BFR. (Other than
the
education... )


--
Dallas


  #10  
Old August 1st 09, 10:48 PM posted to rec.aviation.piloting
Mike
external usenet poster
 
Posts: 573
Default Wings vs. BFR

The purpose of the Wings program as it is today is not to make the BFR
easier or cheaper, but to encourage higher standards and ongoing proficiency
training. The local FAA Wings guy in my area described it as for people who
want to train to higher standards than the BFR requires and to make it more
of an ongoing thing rather than just one afternoon every 2 years. You also
have the option participating in the more advanced phases that exceed the
standards even more. Completing phase 3 doesn't get you anything that I
know about so yes there isn't much outside incentive. It would be nice if
it got you a discount on your insurance, but I don't know that any insurers
do.

I don't sign up for the program, but I do occassionally attend some of the
seminars and I have found them to be quite good. Sometimes the AOPA teams
up with Wings through their Air Safety Foundation.


"Dallas" wrote in message
...

I always thought taking a wings seminar was a simple way to get your BFR
out of the way. After a little Internet research it seems they require
three hours of dual flight instruction to qualify as a BFR. Is that
correct?

It would be much easier and cheaper to just do the BFR.. I don't see the
incentive for the Wings Program as a substitute for a BFR. (Other than
the
education... )


--
Dallas


 




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