BG,
I don't disagree with your thought about 91.3 and it got me thinking.
14 CFR 1.1 General Definitions says:
Pilot in command means the person who:
(1) Has final authority and responsibility for the operation and safety of the flight;
(2) Has been designated as pilot in command before or during the flight; and
(3) Holds the appropriate category, class, and type rating, if appropriate, for the conduct of the flight.
So it's a 'person' not 'persons'. And logging time is a separate matter.
I also found an NTSB case that says a CFI (acting as such) is the PIC always, no matter what the ratings of the 'student' are.......
FN10 Our precedent makes clear that, "[r]egardless of who is
manipulating the controls of the aircraft during an instructional
flight, or what degree of proficiency the student has attained,
the flight instructor is always deemed to be the pilot-in-command."
Administrator v. Hamre, 3 NTSB 28, 31 (1977). This
principle was reaffirmed in Administrator v. Walkup, 6 NTSB 36
(1988).
FN11 See 14 C.F.R. 1.1, which defines "pilot in command," as
"the pilot responsible for the operation and safety of an
aircraft during flight time."
Above cite from Administrator v. Strobel, SERVED: August 1, 1995; NTSB Order No. EA-4384 (page 7)
I think we're good now, but I guess my friend will find out at her hearing.
Thanks.