What to do when a student breaks a rule
Dear Rod:
I'm a relatively experienced flight instructor and have just come across a problem that I'm not prepared to handle. I caught one of my primary students taking a passenger along on one of his (supposedly) solo cross-country flights. I'm torn between notifying the FAA and simply reprimanding him. He's a young man (19 years old) and seems like a responsible person, always polite and respectful. When I confronted him about it he didn't lie; he admitted to the act. When I asked him if he knew that what he was doing was not legal according to the FARs, he admitted he was aware of this, but just didn't think it was a real big deal. What would you recommend I do?
Sincerely,
S.T.
Greetings S.T.:
It's real easy to complicate an answer to a question like this, so allow me to make this one short and sweet. All behavior has consequence, and your student must pay some price.
If you believe that your student understands the seriousness of his behavior, and if you feel that he's unlikely to behave with similar irresponsibility again, then punish him in some meaningful way and let him get on with flight training. If you feel that his disregard of the regulations is symptomatic of a dangerous or irresponsible attitude and he is likely to do something similar again, then you have no choice but to contact the FAA, placing the ball in their court.
Not only is a hapless passenger at risk here, but so is your career. There's also a chance of personal liability if that student or passenger were to be hurt in an accident. (Someone might actually try to make the case that you could have prevented an irresponsible person from hurting himself by getting the FAA involved early on. Sorry, but that's the way some folks think.)
Let's not confuse the issue or soften the language here. This was no ethical lapse. Your student knowingly broke the rules. I know of a similar situation that occurred years ago where the instructor caught his primary student flying with his nonpilot girlfriend. He judged his student's action to be an isolated event, and decided it was unlikely that it - or similar irresponsible behaviors - would be repeated. In response, he grounded his student for a reasonable period of time.
With a student under the age of 18, I believe it's best to deal with the parents and not involve the FAA (there's no specific FAR requiring you to communicate with the FAA under these circumstances). I would make sure the parents understand how serious an infraction like this is, then have them participate in deciding the consequence for their child's behavior. I'd even try to involve the (possibly) unwitting passenger in my discussion with the parents and student. In your case, you must decide on the appropriate punishment. One thing is certain - you need to take some action.
Commercial certificate requirements
Dear Rod:
What are the minimum requirements to obtain a commercial pilot certificate? I was under the assumption that the training ladder was student, private, instrument, and then commercial. Can you obtain the commercial and bypass the instrument rating?
Patrick
Greetings Patrick:
Yes, you can obtain a commercial certificate without first obtaining an instrument rating.
The commercial requirements listed in FAR 61. 123(h) only require that an applicant hold a private pilot certificate to apply for the commercial certificate. This is why 61.133(b)(1) states: A person who applies for a commercial pilot certificate with an airplane category or powered-lift category rating and does not hold an instrument rating in the same category and class will be issued a commercial pilot certificate that contains the limitation, "The carriage of passengers for hire in [aircraft category] on cross-country flights in excess of 50 nautical miles or at night is prohibited." The limitation may be removed when the person satisfactorily accomplishes the requirements listed in Section 61.65 of this part for an instrument rating in the same category and class of aircraft listed on the person's commercial pilot certificate.
Going around from flare
Greetings Rod:
How far into a landing can I commence a go-around? It seems to me that once I'm in the landing flare I'm committed to landing. What's the answer?
Thanks,
I.M. Stumped
Dear Mr. Stumped:
You can go around at any time, even during the landing flare. During flight reviews and airplane checkouts I frequently make it a point to ask for a go-around when the pilot is actually flaring the airplane. I do so by saying something like, "Oh look, there's a furry little bunny rabbit on the runway. Let's go around now!" No doubt, a go-around during the flare is challenging, but it's one of the best ways of testing a pilot's ability to properly manage his or her power, pitch, flaps, and landing gear. It's also an excellent way for instructors to identify any deficiencies in go-around technique.
One time during a landing flare I said to the pilot, "Rabbit on the runway, go around now." Knowing my reputation for this ruse, the fellow glanced over the cowling at the fictitious rabbit and said, "Hasta la vista, baby."
Missed approach height
Dear Rod:
Recently, a CFII friend and I debated whether a pilot should start his missed approach at decision height or start it above decision height, thus preventing a descent below decision height when commencing the missed approach (I'm assuming that the pilot doesn't have the legal visibility to land). I argue that a pilot must start the missed approach above decision height to prevent descending below it (even a tiny bit) during the missed. Please let us know who is right.
Thank you,
Ray
Greetings Ray:
You are correct. The answer, although difficult to find, is rather clear on this issue. You must have made the decision to continue the approach before reaching DH. FAA Order 8400.10 (Air Transportation Operations Inspector's Handbook, Section 3, Paragraph 489) from my Summit Aviation CD reads:
From an operational viewpoint, DH is the limit to which a pilot can descend before having to decide to continue the approach by visual means. If the visual references required to safely continue the approach have not been established before passing DH, a missed approach must be executed at DH. This does not mean that a pilot waits until arriving at DH before deciding to go around or to continue the approach based on visual references. The decision-making process begins when the approach is initiated and "continues throughout the approach. A pilot must continually evaluate course and glidepath displacement information throughout the approach". It is incorrect to assume that all aspects of the decision making process are delayed until the critical instant the aircraft arrives at DH.
Advisory Circular 120-28D also reads: However, it is possible that aircraft will continue to descend through the decision height while initiating the missed approach.
Therefore, an airplane may actually go below DH in the process of making a missed approach.
Rod Machado is a flight instructor, author, educator, and speaker. A pilot for 32 years and a CFI for 28, he has flown more than 8,000 hours and owns a Beech A36 Bonanza. Visit his Web site.
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