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On Aug 2, 9:24*am, "Mike" nospam @ aol.com wrote:
"Jim Logajan" wrote in message .. . Sylvain wrote: However, *there are a couple of advantages with the Wings program; *for one thing, *it is preferable for the CFI, *for liability reasons; Setting aside the fact that in the U.S. anyone can sue anyone else for just about any reason, I am unaware of any FAA regulation that would make a CFI responsible for the actions of a pilot they had signed off on their BFR.. It would be helpful if you could cite case law or regulations that support your claim. The CFI isn't responsible for the actions of a non-student pilot, however they are responsible for fufilling all the requirements of the BFR and they are responsible for accurate record keeping. *So the applicable portion of the FAR is 61.56 and 61.189. It usually goes down something like this. *A pilot does something stupid like busts the class B or ADIZ and gets a free counseling session with the FSDO. *The FSDO guy looks at his logbook and says, "I see you got your last BFR 3 weeks ago. *Did your instructor say anything about airspace?" To which the stupid pilot says, "No we really didn't talk at all. *He just looked at my logbook and we went flying." "Hmmm, OK. *I see the log entry says 0.9 hours. *Is that how long you flew?" "Oh yes, the FBO bills me for Hobbs time, so I'm sure that's correct." So now the FSDO inspector has reason to believe the CFI didn't provide at least 1 hour of ground training and 1 hour of flight training. *Their next call is to the CFI so he can get his free counseling session. *The FSDO reviews his records and sees that he logged 1.0 hours that day and that he claims he provided 1 hour of ground training when clearly he did not. *So now the FSDO has him on 61.56, 61.189, and probably several other things once they go over his records with a fine toothed comb and start talking to other pilots he has signed off. So the bottom line is if the CFI is doing everything he is required to do, he has nothing to worry about if a pilot he gave a BFR screws up. *However, some CFIs that work for a FBO only get paid for flight time and not ground training, so many of them have very little interest in doing something they aren't getting paid for anyway. *Also most CFIs I've met aren't the best record keepers other than their own log. *If the FSDO gets the impression a CFI just pencil whipped a BFR, they aren't going to be too sympathetic towards that CFI, and it's probably not going to be all that difficult to find all the evidence they need to hang him. *Even a minor violoation of 61.189 is enough to get a suspension and clearly willful violations can get their CFI revoked indefinitely. I can't speak for other pilots, but I want the ^%*% BFR to make me a safer pilot, and if the CFI wasn't tough enough I'd fire his ass. I and another pilot do safety checks on each other every half year or so for exactly the same reason -- the only time my airplane gets close to FAA limits on pitch and bank is when he say "It's your airplane' when I'm under the hood doing unusual attitude recovery work. I want at least that much work from a BFI. The idea isn't to get a log book entry, folks, the idea is to demonstrate you know what you're doing to an objective observer. Don't waste the opportunity. |
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