"cjcampbell" wrote in message
oups.com...
You are right. Part 61 is very clear. Pilot B is a required crewmember
for the operation of the flight and should log PIC.

As I posted elsewhere, being a "required crewmember" is necessary, but not
sufficient. The flight ALSO has to require MORE THAN ONE crewmember
(because of the aircraft or regulations under which the flight is done).
So, for example, where a safety pilot is required in addition to the pilot
flying the airplane, the second pilot is required and thus gets to log PIC.
But in the case we're talking about here, only one pilot is required, so any
additional pilots do not get to log PIC.

Note that this is the same reason that, when a lone pilot in the airplane
allows a passenger to fly the airplane, they are not permitted to log as PIC
the time during which the passenger is flying. They are acting as PIC,
which is part of the requirement, but the regulations governing the flight
require only one pilot, which does not meet the other part of the
requirement.

There is nothing in
part 61 specifying that pilot A has to be under the hood or any other
silly exceptions.

Yes, there is. The requirement that the flight is conducted under rules
that require more than one pilot does require, for example, that Pilot A be
under the hood. Without simulated instrument flight, there is no regulatory
requirement for there to be two pilots.

Pilot A cannot fly the plane himself, so pilot B is
required.

But ONLY Pilot B is required. This is different from simulated instrument
flight, because a single pilot cannot by himself operate in simulated
instrument conditions.

I should point out that in fact that it is common practice
that pilots who are unable to act as PIC to get a qualified friend to
fly with them.

But those friends acting as PIC have no legal right to log the time as PIC.

The lack of qualification does not prevent the pilot
from logging PIC since he is sole manipulator of the controls.

That's true.

The other pilot is required to be on board by regulation

They are required, true. But ONLY they are required. The pilot actually
flying the airplane is optional. He is essentially a passenger who is being
permitted to manipulate the controls, for the purposes of Pilot B deciding
whether he can log the time or not.

-- someone who is
qualified has to be on board to act as PIC or the flight is illegal --
and should log PIC while doing so.

No. The flight is not conducted under any regulation that requires two
pilots, and so the mere act of acting as PIC does not qualify Pilot B for
logging PIC time.

The FAA has consistently ruled in favor of this interpretation

No, they haven't. Or, put another way, please feel free to cite an FAA
ruling that supports your interpretation.

and it is also interpreted this way in the part 61 FAQ.

No, it's not. The FAQ *does* discuss the safety pilot scenario, but there's
nothing in the FAQ that suggests a pilot acting as PIC while *not* acting as
safety pilot for simulated instrument conditions can log PIC.

If you feel otherwise, please feel free to quote the pertinent part of the
FAQ.

I also believe the AOPA interpretation supports my view.

No, it doesn't.

I cannot understand why you seem to have a problem with this.

Because you are incorrect.

The
regulations are very clear and were specifically written to allow for
this kind of situation.

No, they are clear but they do NOT allow for "this kind of situation".

The question of whether pilot B is actually PIC, though, is more
important. As Doug points out, if pilot B is not allowed to act as PIC
then he is not PIC and the flight then consists of a non-current pilot
and a passenger, which is illegal.

That much is correct.

Pete