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Student Pilot Duel Cross Countries for business

Asked by: 3060 views FAA Regulations

I'd like to propose a few scenarios that have come up lately.

 

Suppose a student pilot contacts the FBO where he/she has been receiving flight instruction and asks a CFI to take him/her on a cross-country flight while offering instruction for the duration of the flight. Once at the destination, the student intends to leave to attend a business meeting and return later for the return leg home.  Could the FBO/CFI legally make this happen for the student? or would the willingness to fly any student pilot who asked (assumed) constitute holding out for common carriage?

If legal, then in the same scenario, instrument conditions are expected for a portion of the flight.  Can the CFI operate under his/her instrument certificate until clear of IMC, while carrying the student as a passenger, who will then log time when IFR is cancelled? Or would the CFI PLANNING to transport the student during the IMC portion constitute common carriage?

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2 Answers



  1. Kris Kortokrax on Jun 13, 2014

    First, since there is no fighting involved, it’s “dual”, not “duel”.

    I would say that the real answer is going to depend on the frequency of this type of operation. It would also depend on the willingness of the flight school to accommodate this type of request.

    There is no holding out involved, since you would be initiating a request. The flight school would not be advertising this type of service.

    A flight instructor can act as PIC of a flight with a student on a cross country flight and the return flight. The amount of time between arrival at the destination and initiation of the return trip makes no difference. The instructor could provide (in fact, would need to provide) and record in your logbook, training time while in IMC, as well as in visual conditions.

    Having said this, I would say that performing this operation one time would not present a problem, but if you have plans to do this on a regular basis, it would then take on the character of on-demand charter without benefit of a 135 certificate. You only need a limited number of dual cross country flights.

    An alternative solution would be for your company (or you) to purchase an airplane and hire a pilot (or flight instructor) to fly the plane for you. A pilot who holds a flight instructor certificate could provide instruction to you during flights you make.

    Bear in mind, this is my opinion. If you seek an answer that would have legal standing, you need to ask this question of the Office of Legal Counsel at the FAA.

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  2. Mark Kolber on Jun 13, 2014

    I pretty much agree with Kris’ opinion on this, with some additional caveats.

    The ultimate question is going to be whether the operation is an instructional flight or a charter operation disguised as a training operation. That’s going to be much too fact-intensive for any kind of online opinion to be reliable.

    Frequency is certainly going to be a concern but even a 1-shot deal can cause problems. All one needs is a mishap that gets the FAA asking questions. If it quacks like a duck – i.e., looks like a charter – the FAA will likely treat it as one.

    Your IFR scenario is one I’d be really concerned about. If you are going to encounter IFR conditions on what is ostensibly a student pilot dual cross country and press on anyway, it sure sounds to me personally like the purpose of the flight is transportation to the business meeting rather than student instruction.

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