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As CFI, not night current give night instruction to a Private Pilot not night current?

Asked by: 2198 views FAA Regulations

As CFI, not night current give night instruction to a Private Pilot not night current? 

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3 Answers

  1. Best Answer


    Jeff Baum on May 14, 2022

    Believe it or not, per the FAA General Counsel’s Kortokrax 2006 Interpretation, yes.

    “You requested an interpretation of the term “passenger” in two FAA regulations:
    (1) The first concerns the night takeoff and landing experience for pilot in command, §61.57(b); you state a pilot, rated and current except for §61.57(b), seeks to have an authorized instructor in the aircraft when the pilot attempts to meet the requirements of 61.57(b). You ask who is permitted to be in the aircraft with the pilot since §61.57(b) prohibits a pilot from acting as PIC of an aircraft carrying passengers. You ask for a clarification ofthe term “passengers” as used in §61.57(b). You state in your opinion a flight instructor that has not met 61.57(b) should be able to accompany the pilot and these individuals should not be considered “passengers” for purposes of §6l .57(b).
    We agree that, for purposes of section 61.57(b), an authorized instructor providing instruction in an aircraft is not considered a passenger with respect to the person receiving instruction, even where the person receiving the instruction is acting as PIC. (The instructor must be current, qualified to instruct, and hold a category, class and type rating in the aircraft, if a class and type rating is required.) The instructor is not a passenger because he is present specifically to train the person receiving instruction. Neither is the person receiving instruction a passenger with respect to the instructor. This training may take place, even though neither pilot has met the 61.57(b) requirements.”

    Is this smart? Questionable. Would the insurance remain in effect? Would require checking the wording of the policy.

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  2. Jimbo777 on May 15, 2022

    Thank you, Jeff this is my interpretation as well.

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  3. Kris Kortokrax on May 18, 2022

    One size does not fit all.

    If you are a brand new CFI, who obtained the certificate with the minimum number of night hours: 3 hours of night dual with 10 takeoffs and landings for Private and a 2 hour night dual flight and 5 hours of solo with 10 takeoffs and landings for Commercial, then it might not be a wise decision.

    However, when I requested the interpretation in 2003, I had been flying for 33 years, instructing for 15 years and had flown hundreds of hours at night in various airplanes and helicopters. My flights were made from airports as diverse as a grass runway with dim lights in farm country to Midway airport in Chicago. If I go a few weeks or months past being current to carry passengers by the regs, it is not that big of a deal.

    Consider that, I could right before the flight, complete 3 takeoffs and landings and then have the student get in the airplane right afterward. Am I any better off, than if I just went with the student?

    As far as insurance is concerned, I can’t imagine a policy written that would go beyond having the pilot meet regulatory requirements. It will likely not say that although you might be in compliance with the currency requirements, the policy will be void if anyone else is in the aircraft with you.

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