On Mar 11, 10:42 am, Judah wrote:
"Guillermo" wrote groups.com:



Well, it is not that you can't count the flight. You can't even DO the
flight legally with passengers if you are not current (I don't want to
start a discussion of whether elephants and dogs are passengers, so
lets focus now on the packages).
You have to remember the fact that in general the regulations tell you
what you CAN'T do, as opposed to what you CAN do. If the FARs tell
don't tell you that you can't do something, then you can do it.
If I am not-current in a C-152, I still can carry non-necessary
packages on board. There is no regulation than prevents me to do so.
61.57 (1) just talks about passengers. And 61.57 (2) never says that
somebody may not act as PIC with packages, just says that you MAY
conduct a flight if the flight is is done for the purpose of regaining
currency, and provided no elephants, passengers or packages are
carried. But remember that you can carry anything or anybody necessary
for the conduct of the flight. The only case you will be taking
advantage of 61.57 (2) is if you are in an aircraft certified for more
than 1 crewmember, because 61.57 (1) does not allow y ou to fly, but
61.57 (2) gives you authorization to do it only if your purpose is to
regain currency and certain conditions are met.

I disagree with your interpretation. If (2) was specifically for aircraft
requiring two crewmembers, it would have said for aircraft requiring two
crewmembers, and would have probably also used the work "required" instead
of "necessary". I say the purpose of the flight in question doesn't have to
be determined at the time of the flight, but is established when you are
looking to establish currency to fly passengers.

eg:

Day 1: Out of currency.
Day 2: Fly a flight taking 3 takeoffs and landings with a dog on board.
(Presumably, a dog is someone's property, even if it's not a passenger.)
Day 3: Now you want to carry passengers. So you determine that the flight
on Day 2 serves the purpose to establish your currency.

61.57(2) says that flight cannot serve that purpose. You need to have a
flight with 3 take-offs and landings that did not include passengers or
property, since you were already out of currency.

Other way of explaining it also, would be:
I think we both agree that day 2 flight was done legally. You already
acted as pilot in command of that flight, and was a legal flight. It
is done.
Now you come to fly on day 3. Have you done 3 take-offs and landings
in the last 90 days? Yes? Ok, then 61.57 (1) says you are good to go.
61.57 (2) is talking about acting PIC a flight for the purpose of
meeting 61.57(1). You already legally acted as PIC of some flight
before, and did so legally. 61.57(2) doesn't talk about counting
flights for anything. Just talks about acting PIC.

Pushing it, I can even do 3 take-offs and landings with passengers on
day 2. It will be an illegal flight, yes, because of 61.57 (1).
However, when I come on day 3, I meet the requirements of 61.57 (1). I
have done 3 take-offs and landings in the last 90 days. So that flight
would be legal.