At 15:36 13 January 2004, Stewart Kissel wrote:
'An airplane instructor may exercise the privileges
of that certificate without a medical. The 'student'
must be qualified to ACT as pilot in command since
the instructor cannot be.'

First and foremost, bear in mind that this situation
arises in the US only in aircraft categories which
require medical certificates. In the US, it has nothing
whatsoever to do with gliders.

Per US regulations, your example hinges on 61.23(b)(5),
which expands on the provisions of 61.23(a)(3)(iv).
A second class medical (with 12-month duration) would
otherwise apply to a CFI in airplanes, helicopters,
et al, if he/she is being compensated.

If a pilot is still current while receiving a BFR,
the instructor is not the pilot in command?

Correct in the scenario you outline. Per 61.51(e)(3),
the CFI can log PIC time and, if the BFR pilot is sole
manipulator of the controls per 61.51(e)(1)(i), the
BFR pilot can also log PIC time for the same flight(s).
In such cases, however, only the BFR pilot is authorized
to ACT as PIC.

(Just guessing... this could raise some interesting
liability issues in the event of an accident.)

And if the pilot receiving the BFR is still current,
then
instructor does not need a current annual?

This is correct, if by 'annual' you refer to the second
class medical certificate otherwise required in order
for a CFI in airplanes, rotorcraft, et al to act as
PIC and be compensated. (I believe the same exception
would also apply to a CFI's expired third class medical
if the CFI is neither acting as PIC nor being compensated.)


Judy