There is a big problem here although you will never notice until the excrement hits the fan. This is especially the case where the check pilot has no instructors ticket.
I think the bottom line is:
- If Insurance or Group/Club rules specify a checkout with an Instructor they are expecting someone to exercise the functions of an Instructor during the check flight and, therefore, the checkee has to be PUT.
- If Insurance or Group/Club rules specify a checkout with an experienced pilot then it can be decided before flight who will be PIC however, for all the reasons listed in other posts, I think PIC should be the Checker with the Checkee being a passenger and recording nothing in their logbook."
The above seems totally reasonable to reasonable folks, however, I think its work having a look at the AAIB report on G-ARHNs last accident (yes it was written off twice - the second time only a week after a 2 year rebuild.
Its clear from this report that the more experienced pilot - the check pilot - was supposed to be in command due to a group rule, 'If a member undergoing check has exceeded the 90 day, 3 take off and landing limit, then the check pilot has to be P1.’ After the accident it would appear pilot 2 changed his mind as to who was in command of the aircraft leaving pilot 1, who was out of 90 day currency, with the responsibility for the flight. The change in command here leaves pilot 1 in the position of illegally carrying a passenger and open to damages for injuries to pilot 2.
Aditionally the AAIB point out that,
‘The aircraft was certificated for single pilot operation and therefore the only person who can be a member of the flight crew in addition to the handling pilot is a flying instructor who is instructing or supervising the handling pilot. A person who is not a flying instructor and not the handling pilot would be a passenger'
So who is in command of an aircraft? Is it a case of 'he said she said' (I guess this really only applies to GA aircraft with poor checking procedures and maybe dodgy record keeping.) BUT it shows just what can go wrong and how an innocent check ride can turn into a nightmare.
It would also appear that the CAA arent really interested unless there is a fatality and then run for the hills!
How does the innocent group co-owner protect themselves from this sort of debacle? I guess a written statement before a flight of who has what responsibilities.