T o d d P a t t i s t wrote:
Ron Garret wrote:


the Chief
Counsel's Office of the FAA has issued a written
interpretation saying it's OK. The reasoning is suspect,
but since it's an answer I want, and since the Chief
Counsel's opinion is right until it's overturned, I'll
follow it.

Could you please post a reference so the rest of us can do likewise?


I understand why you want the reference, but I don't have
it. I did spend 20 minutes looking in my saved
interpretations and old messages, and the closest I found
was a message I sent in rec.aviation.ifr responding to a
message from Ron Natalie on 27 Sep 2002 which was after I
had seen the interpretation. It was likely posted in
rec.aviation.ifr or .pilot or .student, and it must have
been before that date. There should be someone here who
recalls that period and saved a copy of the interpretation.
I suspect a computer crash prior to 2002 wiped out my copy.
If it helps anyone, here's the message I sent in 2002:

From a Feb 5 2002 post by Rick Cremer:

Rick Cremer Feb 5 2002, 6:31 pm show options

Newsgroups: rec.aviation.student
From: "Rick Cremer" - Find messages by this author
Date: Tue, 5 Feb 2002 18:30:46 -0500
Local: Tues,Feb 5 2002 6:30 pm
Subject: PP-ASEL logging PIC when flying with student
Reply to Author | Forward | Print | Individual Message | Show original | Report Abuse



I thought you had an interp on this point already?


I do. And I had to dig deep for it. it's an oldie and I don't know if would
stand up to the test of time with all the regulatory changes we've had since
1977 but I think it would. Here 'tis

Best


------------------------------*------------------------------*-----------------
------------------------------*---------------
June 22, 1977


Mr. Thomas Beane


Dear Mr. Beane:


This letter is in response to your recent letters to the FAA Flight Standards
Service and to the Chief Counsel inquiring about the logging of
pilot-in-command (PIC) time by an airman whenever he is not the sole
manipulator of the controls.


Section 1.1 of the Federal Aviation Regulations defines Pilot in Command as:


Pilot in command means the person who:


(1) Has final authority and responsibility for the operation and safety of
the flight;
(2) Has been designated as pilot in command before or during the flight; and
(3) Holds the appropriate category, class, and type rating, if appropriate,
for the conduct of the flight.


Section 61.51(c)(2) of the Federal Aviation Regulations provides, in
pertinent part:


(2) Pilot-in-Command flight time.


(i) A private or commercial pilot may log as pilot in command time only
that flight time during which he is the sole manipulator of the controls of
an aircraft for which he is rated, or when he is the sole occupant of the
aircraft, or when he acts as pilot in command of an aircraft on which more
than one pilot is required under the type certification of the aircraft, or
the regulations under which the flight is conducted.


A pilot may log PIC time in accordance with Section 61.51(c)(2)(i) when he is
not actually "flying the airplane", if the airplane is one on which more than
one pilot is required under its type certificate or under the regulations
under which the flight is conducted and he is acting as PIC. Also, a pilot,
rated in category and class (e.g. airplane single-engine) could, as the pilot
who "Has final authority and responsibility for the operation and safety of
the flight" log PIC time if another pilot, not appropriately rated, was
actually manipulating the controls of the aircraft.


It should be noted that more than one pilot may log PIC time for the same
flight time. For example, one pilot receiving instruction may log PIC time
in accordance with paragraph (c)(2)(i) for the time he is designated PIC, and
another pilot may log PIC time in accordance with (c)(2)(iii) for the same
time during which he is actually giving flight instruction.


We hope that we have satisfactorily responded to your inquiry on the proper
logging of PIC time.


Sincerely,


ORIGINAL SIGNED BY EDWARD P. FABERMAN


for NEIL R. EISNER Acting Assistant Chief Counsel Regulations & Enforcement
Division Office of the Chief Counsel





--
David Rind