On 3/8/2007 5:43:09 PM, Tom L. wrote:
On Thu, 8 Mar 2007 07:37:13 -0600, "Skidder"
wrote:


You're right -- the FARs don't say that the second pilot is a
passenger. Worse, the FARs don't even define "passenger." But the FARs
don't deifne many other words that are liberarly used throughout the
FARs. It's not the written word alone that counts in courts, but the
interpretation of it. And the interpretation would probably consider
the following:

- A person on board a flying aircraft is either a crewmember or a
passenger (a dead person might be considered cargo, but let's not
discuss that here). And your next comment is correct -- this is not
written anywhere in the FARs either, but I have a feeling that FAA,
NTSB, court, and most pilots would agree with this.

- Knowledge and skill of piloting a plane don't make anyone a
crewmember.

- Moreover, full flight controls in front of a pilot don't make
him/her a crewmember.

- Assigned duty makes a person a crewmember (even if the person is not
a pilot and has no flight controls in front of her/him).
But I seriously doubt that you will be able to convince FAA, NTSB, and
court that your chart-handling friend is a bona-fide crewmember, FAR
1.1 notwithstanding.


Very well put Tom and I would have to say I fully agree with 90% of it. I'm
just not certain a court would agree with it, but hey, I'm just guessing on
this part too. I think we got lost on trying to find a label for the second
pilot.

I think the second pilot is still a pilot. What most of us are struggling
with is who is PIC, and perhaps who logs the time. It seems clear to me that
both pilots are clearly there for currency, and would have to hold themselves
jointly accountable in case of an incident. What else could they possible
argue. The know that neither of them can claim to be the others passenger, so
joint accountability seem implied and assured.

Next, both should be fully capible of executing their currency requirements
without incident or assistance, or there is something wrong with the currency
FARs to begin with. So the safety of the flight is assures, to the best of
the FARs ability to control it. And certainly as well as it is if each pilot
when up solo.

Finally, the overall fight is safer, because you have a fully qualified
back-up for it's entire duration.

The only thing left is how to log the time. To keep it simple, pilot A should
maitain all control from the time the prop starts until the end of his third
landing, and log only the time it took. Pilot B should then take the controls
until the prop stops, and record the balance.

How could a reasonable person argue against this? What would the arguement
be? If it is safe for each pilot to go up solo to record their currency. How
could you argue that both going together would not be more prudent?

To me the only down side is if your friend bends the airplane during his
watch. Cause then you are in the soup with him.






--
Skidder