AOPA Pilot Magazine - February 2017 - 22

PILOT COUNSEL

Logging simulated
instrument time

BY JOHN S. YODICE

Two may log PIC time
ONE OF the most difficult concepts in the law governing
general aviation operations is the distinction between
acting as pilot in command and logging time as pilot
in command. This distinction presents a challenge to
pilots managing their logbooks. Although space here
does not permit exploring all the many difficult situations involving the distinction between acting and
logging, I can relate one that the FAA has found to be
problematic for pilots: the logging of flight time when
using a safety pilot in simulated instrument conditions.
The difficult situations are the ones in which more
than one pilot may log the same time as pilot in command. In both a practical and legal sense, only one pilot
may act as PIC at any one time. It is that one person
who has the final authority and responsibility for the
operation and safety of the flight. That one person may
log all of his/her "acting" time as pilot in command.
An important application of this acting PIC status is
that in an in-flight emergency, the acting PIC is legally

You want to do some practice approaches but
your medical has lapsed. Can you act as PIC?
Can you log PIC time?

JOHN S. YODICE

is an aviation
attorney and
longtime aircraft
owner.

22 | AOPA PILOT February 2017

permitted to deviate from the operating/flight rules of
FAR Part 91, to the extent necessary to deal with the
emergency.
FAR 61.51(e) sets out the standards for logging PIC
time. It includes when the pilot is the sole manipulator of the controls of an aircraft for which the pilot is
rated (or for a sport pilot, having that category and,
if appropriate, class of aircraft privileges). Obviously
included is when the pilot is the sole occupant of the
aircraft. And the regulation covers when the pilot acts
as pilot in command of an aircraft for which more than
one pilot is required by the regulations under which
the flight is conducted.
With regard to manipulating the controls, there is
some confusion about the use of an autopilot, but there
shouldn't be. A letter of interpretation states that "The
FAA considers a pilot's use and management of the
autopilot to be the equivalent of manipulating the controls, just as one manages other flight control systems,
such as trim or a yaw dampener."

Now, to the FAA's guidance regarding logging
PIC time when a safety pilot is used. A safety pilot
is required to operate in simulated instrument conditions, according to FAR 91.109(c). This makes the
safety pilot a required flight crewmember and, as such,
the safety pilot must hold at least a private pilot certificate, must be rated for the category and class of
airplane to be flown, and must hold a current medical
certificate. If the safety pilot is acting as PIC for the
simulated instrument portion of the flight, the safety
pilot may log that time as PIC time because he is acting as PIC of an aircraft for which more than one pilot
is required under FAR 61.51(e)(1)(iii). The flying pilot
may also log the time as PIC as the sole manipulator of
the controls of an aircraft for which the pilot is rated
under FAR 61.51(e)(1)(i). Additionally, the pilot flying
under simulated instrument conditions may log simulated instrument time.
The FAA gives this example in the November/
December 2016 FAA Safety Briefing: You want to do
some practice approaches but your medical has lapsed.
Your friend volunteers to be your safety pilot. Both of
you are instrument-rated private pilots with all of the
endorsements for the airplane. Your friend has a current medical. Can you act as PIC? Can you log PIC
time? Can you log simulated instrument time? The
answers are no, yes, and yes.
For the purposes of this flight, your friend meets
the requirements for a safety pilot, and the operation
requires more than one pilot by regulation. However,
you may not act as PIC because you do not have a current medical. Therefore, your friend would be acting as
PIC and log PIC time, but you could also log PIC time
as sole manipulator of the controls when operating by
sole reference to instruments and using a view-limiting
device. On the other hand, if you have a current medical and your friend does not, the answer changes. Your
friend no longer meets the requirements for a safety
pilot as a required flight crew member directed by FAR
61.3(c). In that case, you couldn't fly simulated instruments per FAR 91.109(c).
We are grateful to the FAA for this explanation. As
time and space allow, I will address other situations
involving the distinction between acting and logging
time as pilot in command.
AOPA

Table of Contents for the Digital Edition of AOPA Pilot Magazine - February 2017