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Old 31st May 2009 | 22:39
  #6 (permalink)  
DFC
 
Joined: Mar 2002
Posts: 2,814
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From: Euroland
That's the question I am seeking to answer - the client is P1 on flightplans submitted to CFMU, but I am P1 on the techlog. So which takes precedence?
One could perhaps answer as that the one which has not been falsified.

There are so many ways to look at this.

You have admitted that the difference in signatures is not an error.

Let's say that you are PIC and the tech log signature is correct. Fine. Why then as PIC did you falsely tell ATC that someone else was PIC?

Let's say that the client is PIC and the FPL is correct. In that case I would say that your signing the tech log has no effect. You are not entitled to sign the tech log and it may as well have not been signed at all. There is no record of the PIC having accepted the aircraft etc etc.

I am IR/ME and FI, but not IRI. I have been working recently as a safety pilot for a client
OK so you can not teach for the IR.

Do you hold ME instructor privileges?

You may like to call it safety pilot. Is there any evidence of this i.e. is there a licence limitation or other restriction that required a second pilot?

If you are not entitled to teach and there is no legal requirement or club requirement or insurance requirement for a second pilot then you will simply be a passenger.

One could perhaps argue that by the relationship as service provider / client you have defined the status that exists as being one where your client is qualified to and does the flying but pays you to hold their hand. In that case, there is no doubt that they are PIC, PF and would I be also correct in saying that they always take the left seat and there is only one flying pannel?

Wh prepares the operational flight plan (PLOG), decides on the alternates, and how much fuel etc etc?

Even if the PIC is loosing control of the aircraft, you can assist them, you can advise them but you can not legally take over control unless they ask you to because they are PIC.

Seems to me that they are paying you to be a qualified passenger. Unless you agree in advance to the contrary and the pilot log books correctly reflect the situation then I would side in favour of the "client" being PIC.

Regards,

DFC
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