During my CFI training, my instructor showed me a Chief Counsel opinion written to the famous Bill Kershner. It was consistent with what you said and allowed any applicant to practice spin training with a flight instructor. Is this what you're referencing? I'll have to see if I can dig up a copy of the letter.
Here it is:
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July 28, 1977
Mr. E. Ritch, Jr.
Dear Mr. Ritch:
This is in response to your March 29, 1977 letter asking whether the Federal Aviation Regulations (FARs) require instructors and students to wear parachutes during the teaching of acrobatics.
The applicable regulations involved are section 91.15(c) and (d) (14 CFR 91.15(c) and (d)) which provide:
(c) Unless each occupant of the aircraft is wearing an approved parachute, no pilot of a civil aircraft, carrying any person (other than a crewmember) may execute any intentional maneuver that exceeds -
(1) A bank of 60 degrees relative to the horizon; or
(2) A nose-up or nose-down attitude of 30 degrees relative to the horizon.
(d) Paragraph 9(c) of this section does not apply to -
(1) Flight tests for pilot certification or rating; or
(2) Spins and other flight maneuvers required by the regulations for any certificate or rating when given by -
(i) A certificated flight instructor; or
(iii) An airline transport pilot instructing in accordance with Section 61.169 of this chapter.
The FAA did consider the problems caused by wearing a parachute during acrobatic flight instruction when it adopted the regulations which contain the parachute requirements. Amendment 91-6, published in the Federal Register on July 22, 1964 (29 FR 9823), adopted former section 91.71(b) and (c) (current section 91.15(c) and (d)). As stated in the preamble to that amendment, for the purpose of this requirement, a student pilot has been interpreted not to be a crewmember, as defined in section 1.1 of the FARs. Nevertheless, the preamble stated:
Regardless of what certificate or rating the applicant is seeking, an acrobatic maneuver required for any pilot certificate or rating (even one not presently sought by the applicant) may be performed without parachutes when done by, or at the direction of, a certificated flight instructor.
However, it should be noted that a certificated flight instructor (CFI) and his student pilot are excepted from the parachute requirement for only those maneuvers which are required by the regulations for any certificate or rating. Any maneuver which is not required by the regulations for any certificate or rating must be taught employing parachutes pursuant to Section 91.15(c).
In answer to your second question, "[C]an instructors require students to be proficient in acrobatics to meet his standards for a certificate or rating?", the Federal Aviation Regulations establish what maneuvers must be taught in order to qualify for each certificate or rating. An instructor may suggest to a student that learning a particular maneuver would be helpful to the student so that he may become more proficient in his flying skills. However, the instructor may not establish his own requirements, independent of the FARs, which he decides a student must meet to qualify for a certificate. If the student and the instructor agree to engage in acrobatic maneuvers which are not required for any certificate or rating, that maneuver must be preformed in accordance with Section 91.15(c) of the FARs.
We hope that this statement of FAA parachute requirements in the teaching of acrobatic flight to a student is helpful to your particular situation.
Sincerely,
NEIL R. EISNER
NEIL R. EISNER
Acting Assistant Chief Counsel
Regulations and Enforcement Division
Office of the Chief Counsel
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