AOPA Pilot Magazine - March 2019 - 108

NEWS & NOTES
LEGALLY SPEAKING

PILOT PROTECTION SERVICES

Left seat rules
Instructing from the
passenger seat
B Y R AY C A R V E R
PILOTS AND FLIGHT SCHOOLS have been
known to seek ways to reduce the cost
of flight training while continuing to
comply with all the applicable regulations. One question that is often raised
by flight instructors was recently discussed by the FAA in the Williams legal
interpretation. Specifically, the FAA
addressed whether a flight instructor
providing instrument instruction to

at least two pilot stations. Additionally,
FAR 91.109(a) requires that the aircraft
have fully functioning dual controls or, in
the case of instrument training, a throwover control wheel. However, these
regulations do not specifically state that
the flight instructor must occupy the second pilot station.
The FAA determined that in the proposed scenario, providing flight instruction
from a passenger seat without dual controls would constitute a violation of FARs
61.195(g) and 91.109(a). It reasoned that the
regulations would not require two pilot stations for a training flight unless the flight
instructor were required to provide the
training from one of the pilot stations. It

Therefore, although the presence of
a second qualified pilot may provide a
level of safety for the training flight, the
FAA's interpretation makes clear that the
instructor must occupy a pilot station with
fully functioning dual controls while providing flight instruction.
RAY CARVER is an in-house aviation

attorney for the AOPA Pilot Protection
Services legal division.

www.aopa.org/pps

If the instructor was occupying a jump seat or passenger seat,
he or she would be unable to effectively demonstrate the
procedures and maneuvers to the student.
a certificated pilot could provide the
training from the jump seat or another
passenger seat while a qualified safety
pilot occupies the other pilot station.
FAR 61.195(g) requires that flight
instruction be given in an aircraft that has

further stated that if the instructor was
occupying a jump seat or passenger seat, he
or she would be unable to effectively demonstrate the procedures and maneuvers to
the student and would be unable to assist or
take over in an emergency situation.

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108 | AOPA PILOT March 2019

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AOPA Pilot Magazine - March 2019

Table of Contents for the Digital Edition of AOPA Pilot Magazine - March 2019