David Rind wrote:
Matt Whiting wrote:

I heard back from Amy. As I stated above, she was referring
specifically to a student pilot and apparently the "sole manipulator"
rule prohibits a non-instructor pilot from allowing a student pilot to
manipulate the controls as this would constitute the student pilot
carrying a passenger. However, I don't see why this would matter
which seat you were sitting in. If this is illegal, seems it would be
as illegal to have the student in the right seat. It also seems odd
that you can let a non-student handle the controls and be legal, but
can't let a student pilot legally fly when you are in the airplane.


That, of course, is even crazier. There is no rule that prevents
a non-instructor pilot from letting someone else manipulate the
controls, or even takeoff and land the plane. The "sole manipulator"
rule applies to logging time (and even with that there was some
odd letter from the FAA implying that if there were no one else
on board who could possibly be PIC, you could log the time that
a passenger was manipulating the controls).

A student isn't "carrying a passenger" if he or she manipulates
the controls when someone else is PIC. The PIC is responsible
for the plane and the passenger no matter who is at the controls.

The FAA isn't always logical. I got a third email from Amy and she said
an acquaintance of hers was a student pilot and went up with another
pilot (not an instructor) and was flying in the left seat. The FAA
caught wind of this and made the claim that the student was acting as
PIC because they were the sole manipulator of the controls and was
seated in the left seat which is traditionally the seat occupied by the
PIC. Since another person was in the airplane at the time, the student
lost their certificate for 120 days for carrying a passenger illegally.

She said this was challenged and was upheld in court. I don't know all
the details and am not going to send Amy a 4th email, but I have no
reason to doubt what she's saying. I've read enough stories about FAA
actions and NTSB appeals to know that logic seems often absent in these
proceedings.


Matt