Q: I’m a CFI and wonder if my pilot certificates are in jeopardy if I am involved in an accident with my student at the controls of the aircraft.
A: The fact that an accident occurs does not prove that you, as the flight instructor, violated the regulations. In a recent case, the FAA attempted to charge and prove that a flight instructor violated FAR 91.13(a) (careless or reckless operation) on the simple theory that but for the instructor’s failure to interrupt the student’s control of the aircraft, the accident would not have occurred. The FAA took the position that the accident “speaks for itself” and argued that the instructor should have anticipated the student’s abrupt maneuvers that ultimately led to the crash. The FAA sought a 120-day suspension of the flight instructor’s commercial pilot and flight instructor certificates. But the NTSB rejected the FAA’s conjecture, finding such speculation insufficient to hold the instructor in violation. Instead, the NTSB said that the FAA was required to provide clear and direct evidence that the instructor failed to assume control of the aircraft early enough to prevent the accident, which the FAA was unable to do. The NTSB is reluctant to second-guess flight instructors; however, they will draw the line where the FAA is able to prove specifically that the instructor acted, or failed to act, in a way that placed the aircraft in a situation in which a mishap was inevitable or where the flight was in obvious danger.
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