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Old 1st Jan 2013, 18:33
  #99 (permalink)  
Level Attitude
 
Join Date: Oct 2012
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90 Day Currency for Carrying Passengers

Drawing together several different Threads, summarising and, of course,
giving my opinion:

(Can't work out how to embed actual Link to another Thread)
From Private Flying "Giving Passengers Control"
Big range of opinions from "We've been doing it for years, of course it's
legal !" to "The wings will fall off if you let a Pax even touch the controls
and you will end up in prison for the rest of your life"

It doesn't matter what has been the norm in the past, what does matter is
what is allowed now (post 17th Sept 2012) under EASA

50 (1) Subject to paragraph (2), a person must not act as a
pilot of an EASA aircraft that is registered in the United Kingdom without
holding an appropriate licence granted, converted or rendered valid under
the EASA Aircrew Regulation

EASA, in their wisdom, have decided not to define "pilot" therefore the
common usage (as relates to aviation) definition needs to be used.
Unfortunately there are two of these:
1) "A person who operates the flying controls of an aircraft" which reads correctly
when used in the above paragraph but does mean no allowing Pax to handle controls.
or
2) "One who is licensed to operate an aircraft in flight" Which (I hope) simply means
an EASA License is required to operate an EASA Aircraft.

I would like this clarified by our "Competent Authority" but I'm not holding my breath,
they took over 3 months to come up with the IN on Language Proficiency - and that
issue was causing themselves a great deal of hassle.

Since nothing is Loggable by any Passenger, then nothing "officially" takes place so
unless, and until, it is specifically forbidden I see nothing wrong with continuing to allow
Pax to have a go on the controls.

From Questions "Logging of T/O and Landings"
There was not under JAR, and there is not under EASA, any requirement to Log
Take Offs and Landings. However there are times when a pilot may be required to
prove what TOs and Lndgs they have done - ie Night Rating requires 5 x Solo TOs
and 5 x Full Stop Lndgs; Revalidating SEP by Experience need to prove 12 x TOs
and 12 x Lndgs in last year of validity.

Hopefully no one on this Forum will ever need to prove 3 x TOs, App and Lndg for
Pax carrying currency, but Logging them is both an easy way to do this
(not all airfields will note movements) and for pilots to easily check their
own currency.

Pax Carrying Currency
So if a pilot is perfectly legal to fly an aeroplane, but is outside the 90 Day
rule for carrying passengers they have several options:

a) If they are, or believe they are, perfectly competent.
1) Fly PIC Solo until within currency
2) Fly DUAL with an Instructor, just for the hell of it, until within currency
3) Fly PIC with an experienced Check Pilot, current on type next to them
4) Fly PIC with a "pilot mate" next to them
5) Fly PIC with a Pax next to them (for a couple of circuits to regain
currency) before leaving on the planned flight.
Everyone, so far, has agreed that 3), 4) & 5) above are illegal - so anyone
who decides to do this is just wilfully ignoring the rules which, to me, is a
sign that I probably don't ever want to fly with them

b) If they are a bit rusty and/or are not confident
6) Fly DUAL with an Instructor until within currency, or until they realise
they are competent and finish off PIC Solo.
7) Fly as Pax with an experienced Check Pilot, current on type who can
teach/coach them until they are competent to regain currency by flying
PIC solo.
As this is a private flight Check Pilot must pay their share for aircraft hire.
8) Fly as Pax with an experienced Check Pilot, current on type who can
teach/coach them until they are competent. Decide that as they now have
completed enough TOs and Lndgs (even if not competent) then they are current to carry Pax.
Private flight as in 7) above so PIC must pay. As a Pax nothing is loggable
so the TOs and Lndgs were not officially carried out by the Pax.
Therefore they cannot be relied upon to meet the official
currency requirement in order to legally act as PIC with passengers on board.
9) Fly as Pax with a "pilot mate" until they are competent to regain currency by flying PIC solo.
Why not? Except that if "pilot mate" is not also an experienced pilot on type, it
could take a loooong time for competency to be regained.
10) Fly as Pax with a "pilot mate" until landing currency (not necessarily competency) is reached.


It is scenarios 8) and 10) which seem to generate disagreement on this Forum. I, for one, firmly
believe that if something didnot "officially" occur
then it cannot be relied upon for an"official" purpose; others seem to take
a different view.

It also does not matter whose view, on this Forum, is correct as if there
is not an incident it doesn't matter and if there is:

From Private Flying "Advice Please"
Can someone give me some advice about this. A friend mine was involved in a plane crash and they told him to send the insurance claim report to the guy in his group who looks after the paperwork. When this guy saw the report he told my friend to alter some of the details about what happened, like the number of 90 day take off and landings he had done and things like that. They said he should send the same report to the AAIB. He was still ill at the time but now he is not sure that’s right could he be in trouble here?
Then it will be the CAA's view which counts, as they will decide whether
to invite you for interview, recommend sanctions (or prosecution) and
provide expert witnesses and advice to any magistrate/judge.

Is it really worth it for the cost of a couple of circuits?
Level Attitude is offline