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4 Answers

FAR Regulation PIC

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FAA Regulations, Flight Instructor

If a person holding current FAA commercial pilot rating, and that person is taking CFI training sitting on right seat with Flight Instructor set on Left seat. during this flight training session, any incidence or accident happen, who will be responsible for incidence or accident? who has final authority to take the control?

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4 Answers



  1. John D Collins on Oct 09, 2015

    The regulations don’t specify who is acting as the PIC when both pilots are capable of being the acting PIC of an aircraft that requires only one pilot. In this situation, who is acting as the PIC is by agreement between the pilots. When I fly as the instructor for the Bonanza/Baron Pilot Proficiency Program (BPPP), we are required to leave a signed document at the FBO or in my car that explicitly states who will be acting as the PIC for the duration of the BPPP training. If no agreement is made, usually the most experienced pilot will be presumed to be the acting PIC, often the instructor. From a liability standpoint, the one with the greatest assets will be sued if something goes wrong.

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  2. Kris Kortokrax on Oct 09, 2015

    Here is a link to an article that discusses various scenarios.

    https://law.und.edu/_files/docs/ndlr/pdf/issues/83/3/83ndlr817.pdf

    If you have some concern about who will be considered to be PIC, then formalize the determination as John suggests. That may or may not help.

    If there is an accident or incident, the cause is most likely to be either a mechanical issue or a pilot issue. If it is mechanical, PIC determination should not be an issue. If it is a pilot issue and you might have avoided an accident by assuming control, the authorities might not look favorably on your lack of action.

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  3. Mark Kolber on Oct 14, 2015

    People often look for a clear answer to questions like this. Understandable, but not reality. The determination of fault is based on many factors. On top of that there is no rule anywhere that says it has to be one person’s fault and no one else’s.

    Yes, the PIC is “ultimately” responsible. But (aside from the difficulties in sometimes figuring out who was PIC) that doesn’t mean the PIC is the “only” one responsible.

    Take a very simple example. Runway incursion by an airplane with a two-pilot crew. Who do you think is at risk of enforcement action? (Hint: if you only picked one of them, you are wrong)

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  4. Kris Kortokrax on Oct 14, 2015

    The simple example is not so simple. When you start out with a two pilot crew, that suggests to me that two pilots are required by the type certificate or regulation under which the operation is conducted. That would rule out two private pilots going joy riding in a 172.

    I think that the risk of an enforcement action for either pilot would be slim. An enforcement action means that somebody is going to court (unless a pre-trial agreement is reached). The more common outcome would be administrative action (warning letter) or remedial training (through the operator’s training program).

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