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Legal Briefing

Recent VFR Flight Experience
Every pilot needs to know the recent flight experience requirements listed in the federal aviation regulations (FARs). These are the requirements that must be met before you can act as pilot in command for certain flights. FAR Part 61.57 sets out these requirements as they pertain to private (noncommercial) operations in typical light aircraft. The regulations cover carrying passengers during the day and at night, and operating under instrument flight rules in aircraft and gliders.

Generally speaking, the experience requirement is this: A pilot may not command an aircraft carrying passengers unless the pilot has made at least three takeoffs and landings within the preceding 90 days as the sole manipulator of the flight controls. If the pilot is to command an aircraft carrying passengers at night-defined as the period from one hour after sunset to one hour before sunrise-then the pilot must have made at least three takeoffs and three landings to a full stop at night.

If you fly a tailwheel airplane, the rules are a little different. The regulation states that "if the aircraft to be flown is an airplane with a tailwheel, the takeoffs and landings must have been made to a full stop in an airplane with a tailwheel."

The regulations require that the takeoffs and landings be performed in an aircraft of the same category, class, and type (if a type rating is required) as the aircraft in which you intend to carry passengers. These terms can be confusing, so let's review them in the context of this recent experience requirement.

Civil aircraft are grouped from the broadest to the most specific by category, class, and type. In this respect, category refers to a broad classification of aircraft, such as airplane, rotorcraft, glider, lighter-than-air, and powered-lift. Within three of these categories, there are classes. The classes of aircraft in the airplane category are single-engine land, single-engine sea, multiengine land, and multiengine sea. The rotorcraft classes are helicopter and gyroplane. The lighter-than-air classes are airship and balloon. There are no classes within the glider category. The type of aircraft means its specific make and basic model. A type rating is required for large aircraft and turbojet airplanes, as well as some others specified by the FAA. A type rating is not required for most light general aviation aircraft.

What does all this mean? Let me give you some examples of how the requirement applies. If you have the required number of takeoffs and landings in a single-engine land airplane, you are not qualified to carry passengers in a multiengine airplane or a seaplane, even if you are rated in those airplanes. If you have the required number of takeoffs and landings in a single-engine, tricycle-gear airplane, you are not qualified to carry passengers in a tailwheel airplane. And even if you have spent hours doing touch and goes at night, they don't count because the regulations require full-stop landings.

Notice that takeoffs and landings are required only in order to act as pilot in command while carrying passengers. They are not required to act as pilot in command without passengers on board. So, if a pilot fails to meet this general recent experience requirement, the pilot may regain the required experience by flying solo. Also, the required takeoffs and landings may be accomplished in an approved flight simulator or an approved flight training device operated by an aviation training center certificated under FAR Part 142.

There is a companion logging re-quirement for recent experience. Logging the time properly can be as important as accomplishing the experience. FAR 61.51 requires that pilots document and record "aeronautical experience required for meeting the recent flight experience requirements." Therefore, make sure that you record those takeoffs and landings during which you were the sole manipulator of the controls so that you may demonstrate that you have met this recent experience requirement for carrying passengers.

Kathy Yodice
Kathy Yodice
Ms. Yodice is an instrument rated private pilot and experienced aviation attorney who is licensed to practice law in Maryland and the District of Columbia. She is active in several local and national aviation associations, and co-owns a Piper Cherokee and flies the family Piper J-3 Cub.

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