Really? If I am sat with a pilot who has a current SEP rating in accordance with JAR FCL and I am sat with them for the purposes of meeting club/syndicate rules and providing no input to the flight how can I be providing instruction?
Why does having a current rating have anyhting to do with the amount of instruction you need to give.
You could be flying with a person who completes everything from start to shutdown without any instruction, assistance or intervention from you.
Will you not log that time as PIC..........even if they are a student that you then send on their first solo?
The reason why you have to be pilot in command is that the other pilot (for whatever reason) is not entitled to be pilot in command.
If for that reason, you are pilot in command then in single pilot aircraft the only posibility for the other person to log the time is
dual
Note that since JAR-FCL, the time is
dual it is not student time, it is not pilot under tuition time it is dual time.
They can of course if they choose not log time as pilot in command or as dual but simply record the take-off and landings they completed as sole manipulator of the controls.
However, your being an instructor enables them to add to their total flight time experience even if it is dual.
Where this falls down legally is that instructors are legally required to record all dual flights that they command and make a return of them when they seek to renew their rating.
One could argue that leaving time out is just as much a falsification as putting extra time in. Especially if the person who is wrongly permitted to claim the pilot in command time uses that time todards renewal, revalidation or other licensing requirements.
Regards,
DFC