I think that people have forgotten where the 28 day (or whatever) checkout requirements comes from. It comes from the owner or operator of the aircraft's ability to decide what people using the aircraft must comply with. As someone else pointed out earlier it is a contract between the person who owns the aircraft and the person using thew aircraft.
If as BOSE said the owner only permuts pilots with pink shorts to fly the aircraft then that is it you don the pink ones or you do not fly. Very Very simple. How on earth could people have a problem understanding that.
Now if the oener of the aircraft decides that if you fall foul of their 28 day rule, you are not entitled to be pilot in command of their aircraft then there is noting more simple than that - you can not be pilot in command of their aircraft. Want to be pilot in command all the time without having 28 day checkouts then get yourself an aircraft or find someone who does not insist on 28 day checkouts.
However, if you stay with the club that requires 28 day checkouts you can either fly often enough to not require such a check or you can fly in accordance with the club rules i.e. in most cases with instructor as pilot in command.
Remember that this can be more than a simple dual flight with the instructor. The instructor is entitled to require further training and a further checkout based on the performance. Instructors are trained to determine the ability of a pilot to meet the PPL safe operating requirements.
If the owner of an aircraft has a rule requiring a 28 day checkout but despite that allows you to be pilot in command on the 29th day since you last operated as pilot in command then they should not bother with a 28 day requirement because they are not following it.
Before flight the decision must be made as to who is pilot in command ( the ANO requires it)........i.e. where two pilot fly together one must be designated as the commander.
Having done so, it is illegal for the pilot who is not the commander to claim that they were so. It is also illegal for the aircraft commander to claim that they were not so.
If the aircraft runs off the runway and kills someone, who is going to be held responsible for the safe operation of the aircraft. That person is the pilot in command.
Anyone who flies with another pilot without first determining who is pilot in command deserves what they get when the CAA come calling for some illegal part of the flight and the other pilot (wrongly) calims they were simply a passenger.
Instructors would save on liability insurance if they could simply blame it all on the other pilot!
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Simply put;
I have a shelve of logbooks. Even a few JAR-FCL ones that comply with AMC-JAR-FCL which BOSE was unaware of. I do not need any hours and am not trying to "pinch someones hours"
If you approach me and ask me to complete a checkout with you then it will be a dual flight and I will be pilot in command and you will log it as dual. I will sign off the flight with appropriate comments if necessary.
If after landing you insist on writing pilot in command in your logbook then I will point to the fact that I am not happy with the attitude displayed and that such an attitude is deterimental to flight safty, Therefore, the checkout is not complete and further "education" is required before I state that you are suitable to fly the aircraft as pilot in command.
If prior to the flight with someone like BOSE they indicate that they would like a checkout but they will be pilot in command, I will simply point out that if they are happy to be pilot in command then how can they not be happy to be pilot in command at the same time? In other words - If you are happy that you can be pilot in command you do not need me to hold your hand.
If on the other hand you want to be pilot in command but have some sucker sitting next to you to blame if you prang the aircraft then find some other sucker.
The point about a passenger not being able to take control is very valid and must be remembered by instructors who agree to fly with a pilot but only as a passenger.
Regards,
DFC