Quote:
Another pilot (who isn't an instructor) but who is current to carry passengers could be PIC. (S)he then allows you to act as the sole manipulator of the controls for three landings, and then you're current again.
NO; because you cannot fly DUAL with a person who is not an Instructor. This would result in him being a passenger whilst you conduct the landings and take offs. You can be either PIC (solo) or Dual with an Instructor who is legally crew Art 155. Anyone else on board not acting as crew can only be a passenger.
Not sure I agree with that Whopity.
Art 150
‘Pilot in command’ in relation to an aircraft means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;
If I let anyone (whether they are the holder of a license or not) handle the controls while I am PIC it does not make them PIC, I remain PIC because they are acting under my direction. If the person who drafted the Article wanted it to be three take-offs and landings as Pilot in Command he sould have said so. He did not, he said as sole manipulator of the controls, which is not at all the same thing.
If the person handling the controls is not PIC, the aircraft is certified for single pilot operation and the PIC doesn't hold an FI rating then the person with his mitts on the controls is legally a passenger.
In the end common sense within the law should prevail.
I'll freely admit to teasing here, this little scenario shows up the difficulty of drafting legislation that achieves the result you seek. I suspect the intention was that the out of currency pilot would need to fly the landings solo or with an instructor and that the "sole manipulator" bit was put there to prevent the instructor from following through and assisting.
If I was in enforcement branch and something daft had happened I would try to avoid prosecuting on this particular bit of the ANO and instead go for the PIC in the RHS, there would be plenty to hang him with that would have a better chance of securing a conviction.
