(Teacherjh) wrote in
:

Jack and Jill are both private pilots, neither is a CFI. Jack is out of
night currency, Jill is current.

Jack and Jill go flying at night under part 91, with Jack sitting in the
left seat (I know it doesn't matter) and manipulating the controls,
while Jill acts as PIC.

1) Can Jack log the time as PIC time? (I think yes, under the sole
manipulator rule)

Of course. Lack of night currency doesn't preclude acting as PIC. It only
precludes carrying passengers.

1a) Can Jill? (I think not if Jack does)

No, unless the aircraft is certificated for more than one pilot. In that
case, the PIC can log all the P time, as can the pilot manipulating the
controls.

2) After Jack has done three night takeoffs and landings to a full stop
under this scenario, is he current for carrying passengers at night?
(it would appear to me to be so)

That's what the regulation requires.

3) Has Jack violated the FARs pertaining to carrying passengers at
night? (It would seem not, since Jill is the PIC and Jack doesn't even
have to be a pilot)

I'm not sure. There is no legal requirement to have a night-current PIC on
board. The only restriction I see for flying without 3 takeoffs and landings
in the past 90 days is that passengers cannot be carried. Neither flying at
night nor acting as PIC is prohibited.

4) Has Jill violated those FARs? (It would seem not, since Jill is
night current)

If Jill is a passenger, I think not. The regulations don't cover violations
by passengers that I can see. If Jill is acting as PIC, I still think the
spirit of the regulation is that no violation has occurred, since the reason
for the rule is to protect innocent passengers. A night-current pilot
aboard, to perhaps assist the pilot obtaining currency, doesn't seem to me to
compromise safety in any way. However, the FAA doesn't always use logic and
sanity when it acts. There are idiots there just as there are idiots on the
street and in cockpits.

5) If Jill is confident of Jack's flying, and is herself competent, is
this stupid? (well, I suppose this depends on how well Jack and Jill
fly)

This depends also on their confidence in the local FSDO inspectors. I see
nothing wrong with the scenario, but then I'm not an FAA inspector, and have
absolutely no desire to be one.

--
Regards,

Stan