On Wed, 30 Aug 2006 22:40:01 -0400, "Gary Drescher"
wrote:

"Bill Zaleski" wrote in message
.. .
FAR 61.57 (d) sets the requirements to act as PIC if (c) is not met.

No, it asserts *a* requirement that has to be met if (c) is not met (or
rather, if c has not been met for six months).

It does not state that (c) must also be met.

Of course not. Why should (d) reaffirm (c)? Or reaffirm any other FARs? The
point is that nothing says that (c) *doesn't* still have to be met.

In general, you're required to obey *every* regulation. You can't decide
that because you're complying with one, you can ignore another one (unless
the wording explicitly says that).

(d) is the controlling paragraph for one out of currency, not (c).

There's nothing in the FARs that says (c) doesn't apply too.

(d) takes over and stands alone.

But it doesn't say that anywhere in the FARs.

This is how it was explained to me.

Did the explainers say how they arrived at their interpretation that (d)
sets forth a substitute requirement rather than an additional requirement?
If so, would you tell us their explanation?

If one can assume that 6 approches are also
needed, then the verbiage of (d) could also be construed to mean that
you must be 6 months out of currency in order to do an IPC.

How would that follow? Where does (d) say that?

There are questions in the instrument knowledge test question pool
whose correct answers support this. The faq's, that by letter of
memorandum were once stated as FAA policy, used to support this.
Advisory Circular 61-98A, although out of date, supports this.

It may well be that the FAA takes that position. All I'm saying is that if
so, they're contradicting what the FARs clearly state.

--Gary
Yes, the FAR's are clear here, if you read the paragraph that applies
to what you are seeking.
How much simpler can it be than to read the titles of (c) and (d)

(c) Instrument experience: This is what you have to do to determine
your current state of required instrument experience. This is all it
addresses and nothing more. IF you decide that you are not current,
you are done with this paragraph and it does not apply to you any
longer (for the moment). Go to paragraph (d) for further guidance.

(d) IPC: This is what you have to look at and do to GET current,
depending on whether you are out of currency by more than 6 months,
(IPC), or less than six months, (do the damn approaches OR do an IPC
anyway). It says "a person who does not meet (c)", can't be PIC
until you do the stuff spelled out in (d), (not necessarily the
paragraph (c) stuff, unless you qualify). If you are doing an IPC,
you are not bound by the requirements of (c) or it would be included
in the verbage. This refers you back to (c), but only gives relief via
approaches if you are within 6 months of your last currency, and
provides the option of completing the 6 approaches. It is the
guideline for getting current, and the IPC does not mandate anything
outside of the task table in the Instrument PTS. Although it doesn't
state so, an IPC is ALWAYS an option, regardless of currency status,
Paragraph (d) is clearly relief from paragraph(c) via the IPC route
alone. It in no way suggests that you have to do both.

Since I am always willing to listen and learn, let me pose this to
the logic that applies to intrepretation of the FAR's.

Is it a violation of 91.126 (b) (1) when you make a right turn to join
a left downwind from a 45 degree entry? Strict interpretation says
yes, common sense says no.