Legal Interpretation # 92-14
March 26, 1992
Mr. Michael G. Tarsa
Dear Mr. Tarsa:
Thank you for your letter of April 3, 1991, in which you ask
questions about logging pilot-in-command (PIC) and
second-in-command (SIC) time when operating under Part 135 of the
Federal Aviation Regulations (FAR). We apologize that staff
shortages, regulatory matters, and interpretation requests
received prior to yours prevented us from answering your
questions sooner.
Your letter presents the following scenario: a Part 135
certificate holder conducts operations in multiengine airplanes
under instrument flight rules (IFR). The operator has approval
to conduct operations without an SIC using an approved autopilot
under the provisions of FAR 135.105. The operator has assigned a
fully qualified pilot, who has had a Part 135 competency check,
to act as SIC in an aircraft that does not require two pilots
under its type certification. Although FAR 135.101 requires an
SIC for Part 135 operations in IFR conditions, the autopilot
approval is an exception to that requirement.
You correctly state that while the SIC is flying the airplane, he
can log PIC time in accordance with FAR 61.51(c)(2)(i) because he
is appropriately rated and current, and is the sole manipulator
of the controls. Additionally, he has passed the competency
checks required for Part 135 operations, at least as SIC.
You then ask two questions. The first asks whether the pilot
designated as PIC by the employer, as required by FAR 135.109,
can log PIC time while the SIC is actually flying the airplane.
The answer is yes.
FAR 1.1 defines pilot in command:
(1) Pilot in command means the pilot responsible for the
operation and safety of an aircraft during flight time.
FAR 91.3 describes the pilot in command:
(a) The pilot in command of an aircraft is directly
responsible for, and is the final authority as to, the
operation of that aircraft.
There is a difference between serving as PIC and logging PIC
time. Part 61 deals with logging flight time, and it is
important to note that section 61.51, Pilot logbooks, only
regulates the recording of:
(a) The aeronautical training and experience used to meet
the requirements for a certificate or rating, or the recent
flight experience requirements of this part.
FAR 61.51(c) addresses logging of pilot time:
(2) Pilot-in-command flight time. (i) A recreational,
private, or commercial pilot may log pilot-in-command time
only that flight time during which that pilot is the sole
manipulator of the controls of an aircraft for which the
pilot is rated, or when the pilot is the sole occupant of
the aircraft, or, except for a recreational pilot, when
acting as pilot-in-command of an aircraft on which more
than one pilot is required under the type certification of
the aircraft or the regulations under which the flight is
conducted.
(ii) An airline transport pilot may log as pilot in command
time all of the flight time during which he acts as pilot
in command.
(iii) (omitted).
(3) Second-in-command flight time. A pilot may log as
second in command time all flight time during which he acts
as second in command of an aircraft on which more than one
pilot is required under the type certification of the
aircraft, or the regulations under which the flight is
conducted.
As you can see, there are two ways to log pilot-in-command flight
time that are pertinent to your question. The first is as the
pilot responsible for the safety and operation of an aircraft
during flight time. If a pilot is designated as PIC for a flight
by the certificate holder, as required by FAR 135.109, that
person is pilot in command for the entire flight, no matter who
is actually manipulating the controls of the aircraft, because
that pilot is responsible for the safety and operation of the
aircraft.
The second way to log PIC flight time that is pertinent to your
question is to be the sole manipulator of the controls of an
aircraft for which the pilot is rated, as you mention in your
letter. Thus, a multiengine airplane flown under Part 135 by two
pilots can have both pilots logging time as pilot in command when
the appropriately rated second in command is manipulating the
controls.
We stress, however, that here we are discussing logging of flight
time for purposes of FAR 61.51, where you are keeping a record to
show recent flight experience or to show that you meet the
requirements for a higher rating. Your question does not say if
the second pilot in your example is fully qualified as a PIC, or
only as an SIC. This is important, because even though an SIC
can log PIC time, that pilot has not qualified to serve as a PIC
under Part 135.
An example of this difference is FAR 135.225(d), which raises IFR
landing minimums for pilots in command of turbine powered
airplanes flown under Part 135 who have not served at least 100
hours as PIC in that type of airplane. Served and logged are not
the same in this context, and no matter how the SIC logs his
time, he has not served as a PIC until he has completed the
training and check rides necessary for certification as a Part
135 PIC.
Approval for single pilot operations with use of an operative
approved autopilot system under FAR 135.105 gives an operator an
additional option in the conduct of operations. It does not
mandate that all future flights be conducted in that manner. The
operator can elect to fly trips with two pilots, as is otherwise
required for flight in IFR conditions under FAR 135.101, using
the second in command instead of the autopilot.
Your second question asks if, under the circumstances given
above, the SIC can log time as SIC when the designated pilot in
command is flying the aircraft. The answer is yes, as long as
the certificate holder is using the SIC as a crewmember instead
of exercising the autopilot authorization. In other words, the
certificate holder elects not to conduct an IFR flight using the
single pilot with a functioning autopilot option, but rather
conducts an IFR flight using two qualified pilots. The two
pilots are then "required by the regulations under which the
flight is conducted", FAR 61.51(c)(3), and the assumption is that
the second pilot (SIC) will function as a required crewmember,
and SIC time may validly be logged. However, if for some reason
another qualified pilot "rides along" and does not function as a
crewmember, then second-in-command time may not be validly
logged.
This interpretation has been prepared by Arthur E. Jacobson,
Staff Attorney, Operations Law Branch, Regulations and
Enforcement Division; Richard C. Beitel, Manager. It has been
coordinated with the Manager, Air Transportation Division, and
the Manager, General Aviation and Commercial Division, Flight
Standards Service.
We hope this satisfactorily answers your questions.
Sincerely,
/s/ Donald P. Byrne
Assistant Chief Counsel
Regulations and Enforcement Division
nor for 91(k) either, apparently.
