MattPilot,
Technically you're right, but .....
In your scenario 1, when practicing instruments in VMC with a safety pilot, then both can log PIC as the safety pilot really HAS to be "legal" PIC (only one who can see out of the window / responsible for the flight)...Yet the hooded guy can also be PIC while sole manipulator of the controls. It would not make sense for the guy looking out of the window NOT to be PIC for the purpose of the flight. Ok, technically the safety pilot could NOT be PIC but SIC, but I for one wouldn't act as safety pilot unless it had been agreed beforehand that I was PIC for the following reasons:
The main reason to agree beforehand that the safety pilot is PIC is that if any airspace violations, non-compliance with ATC instructions, near mid air collision, and runway incursions on the ground occour, the safety pilot (PIC) is responsible. If this hasn't been agreed beforehand, and an accident occours then the safety pilot may find themselves in trouble. Even if it was agreed beforehand that the safety pilot was SIC, after an accident stories can be changed ("honest guv, he said he was PIC"
), and the safety pilot may find themselves unwittingly in trouble.....Its always best to assume and agree that the safety pilot is PIC (and log time as such of course).
Cheers
EA
