Requirements can get complicated
As you learn to fly and progress beyond a private pilot certificate, you must document your training in order to qualify for the certificates and ratings that you seek. Depending on the certificate or rating, you will have to meet certain training requirements.
As a student pilot first learning how to fly an airplane, logging the training seems fairly straightforward. You or your flight instructor log most of your primary training as either solo flight or dual flight instruction; you'll need at least 10 hours of solo and 20 hours of dual in your logbook to qualify for a private pilot certificate. Your flight time is also logged as either having been conducted during the day or at night, and you'll need at least three hours of night flight training. But, as additional and higher certificates and ratings are sought, interpreting what may qualify for the required aeronautical flight training experience may seem to get more complicated. An example of this was the subject of a recent FAA interpretation.
Federal Aviation Regulation 61.129 sets forth the aeronautical experience needed to qualify for a commercial pilot certificate. FAR 61.129(b) sets forth the requirements that a person must have to apply for a commercial pilot certificate with an airplane category and multiengine class rating, including that at least 250 hours as a pilot must have been logged. One of the requirements set forth in subsection (4) is that part of the total 250 or more hours must consist of at least 10 hours of solo flight time in a multiengine airplane or 10 hours of flight time performing the duties of pilot in command in a multiengine airplane with an authorized instructor.
The question that was raised to the FAA, in this regard, was "If the pilot receiving training for the issuance of a commercial pilot certificate with a multiengine class rating is performing the duties of pilot in command to meet the solo requirements with an authorized instructor on board the airplane, may there be an additional passenger in the airplane?" The writer was concerned that the flight time with an authorized instructor was meant to meet the intent of solo flight so that the "spirit" of the regulation would prevent anyone else from being on board the aircraft during that flight training time.
In its response, the FAA pointed out that there are two ways to meet the requirement of FAR 61.129(b)(4): 10 hours of solo flight time or 10 hours of flight time as pilot in command with an authorized instructor. The FAA said:
"While the latter option requires the pilot to perform the duties of pilot in command, which are similar to the responsibilities for solo piloting, it is not solo flight time. The instructor may determine how many persons are allowed on the aircraft during a flight where the pilot in command holds a multiengine class rating and is logging flight time to meet the requirements for a commercial pilot certificate under section 61.129(b)(4). If two crewmembers are required for proper operation of the aircraft, the persons aboard the aircraft could include the pilot in command, the second in command and the instructor. The instructor may permit others on board for instructional purposes."
Interpreting the regulations for compliance can sometimes be quite challenging. While many of the regulations are written simply and their requirements are not subject to much debate, others may necessitate a more thorough read and investigation to ensure that you are satisfying the FAA's intent.
Kathy Yodice is an attorney with Yodice Associates in Washington, D.C., which provides legal counsel to AOPA and administers AOPA's legal services plan. She is an instrument-rated private pilot.
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