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Old January 14th 04, 05:24 AM
Andy Durbin
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Judy Ruprecht wrote in message

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.


I won't often risk contradicting Judy on matters of regulation
but.....

FAA AFS600 does not share this opinion on the requirement for a class
2 medical.
The class 2 is required to exercise the privileges of a commercial
certificate but not to exercise the privileges of an instructor
certificate.

Ref: http://afs600.faa.gov/AFS640.htm and click on the FAQ 14 CFR,
Part 61 link

The linked word document includes, among answers to many questions you
never even thought to ask, the following:


QUESTION: Does a CFI even need a medical certificate to give flight
training?

ANSWER: Ref. § 61.23; Depends on the situation. The medical
requirements for a CFI are found in § 61.23.

Reference § 61.3(c)(2)(iv) and § 61.23(b)(5); No, when exercising
the privileges of a flight instructor certificate if the person is NOT
acting as pilot in command or serving as a required pilot flight
crewmember.

Reference § 61.3(c)(1) and § 61.23(a)(3)(iv) Yes, at least a current
3rd class medical certificate when giving instruction to a student
pilot (instructor must be PIC), to anyone while that person is using
a view limiting device (instructor is the safety pilot), or to a pilot
that is not rated in the aircraft (e.g., while preparing a pilot for
multiengine, sea-plane, type rating, etc., the instructor must be the
PIC).

QUESTION: Do the rules permit a flight instructor to even receive
compensation for instruction when that flight instructor holds only a
third class medical, or maybe does not even hold a current medical
certificate at all?

ANSWER: § 61.23(b)(5); Yes, in accordance with § 61.23(b)(5), a
flight instructor who does not hold a medical certificate may give
flight and ground training and be compensated for it. In the preamble
of the parts 61 and 141 final rule that was published in the Federal
Register on April 4, 1997 (62 FR 16220-16367) when the FAA revised the
entire Part 61, the FAA stated the following in the Federal Register
on page 16242 in response to whether a medical certificate is required
for a flight instructor to give ground and flight training:

" With respect to the holding of medical certificates by a flight
instructor, the FAA has determined that the compensation a
certificated flight instructor receives for flight instruction is not
compensation for piloting the aircraft, but rather is compensation for
the instruction. A certificated flight instructor who is acting as
pilot in command or as a required flight crewmember and is receiving
compensation for his or her flight instruction is only exercising the
privileges of a private pilot. A certificated flight instructor who
is acting as pilot in command or as a required flight crewmember and
receiving compensation for his or her flight instruction is not
carrying passengers or property for compensation or hire, nor is he or
she, for compensation or hire, acting as pilot in command of an
aircraft. . . . In this same regard, the FAA has determined that a
certificated flight instructor on board an aircraft for the purpose of
providing flight instruction, who does not act as pilot in command or
function as a required flight crewmember, is not performing or
exercising pilot privileges that would require him or her to possess a
valid medical certificate under the FARs."

In case anyone is wondering what this has to do with gliding, it
started because the preliminary accident report on a recent fatal
midair stated that the owner/instructor of the airplane had no
medical.


Andy