FAR 1.1 does not and is not controlling for the PURPOSE of
logging flight time. Logging time is required only to show
compliance with some regulation for some certificate or
privilege. To that end, 61.51 is controlling. 61.51
requires manipulation of the controls to LOG PIC.

Perhaps you should either cite the legal counsel's letter or
re-read it.



"Mark Hansen" wrote in message
...
| On 01/22/07 12:17, Jim Macklin wrote:
| You can agree who will be PIC all you want. That
decision
| will be important in court during a trial for insurance
| coverage, etc. But for logging the time, unless you are
the
| sole manipulator, a CFI or an ATP in airline operations,
you
| can't log PIC unless you are flying. If all you are is
a
| safety pilot, you can't be PIC for the purpose of
logging
| the time. You can be pic for the purpose of deciding
| whether Joe or Fred is legally required to pay from
their
| estate for the damages.
|
|
| Unless you have an FAA legal counsel ruling to the
contrary,
| the FARs simply don't support your opinion.
|
|
|
| FAR 1.1
| 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.
|
| As for the definition of PIC: In the situation I mentioned
before,
| the pilot not flying meets all three of the definitions
for Pilot
| in Command you have listed above.
|