IFR Safety Pilot - Can I be the safety pilot and log PIC or SIC?

IFR Safety Pilot - Can I be the safety pilot and log PIC or SIC?

This is a simple yet very complex Question. First lets cover some definitions:

Pilot in Command FAR 1.1

• Has final authority and responsibility for the operation and safety of the flight.
• Has been designated as pilot in command before or during the flight
• Holds the appropriate category, class, and type rating, to conduct the flight

Pilot Logbooks FAR 61.51

Logging PIC Flight Time - A Private or Commercial pilot may log pilot in command time only for that flight time during which that person

• Is sole manipulator of the controls for which pilot is rated or has privileges.
• Is the sole occupant of the aircraft.
• Is acting as pilot in command on which more than one pilot is required under type certification or the aircraft or the regulations under which the flight is conducted.

Note: An ATP may log as pilot in command time all of the flight time while acting as pilot in command of an operation requiring an ATP certificate. An authorized instructor may log as pilot in command time all flight time while acting as an authorized instructor.

Logging SIC Flight Time - A person may log second in command time only for that flight time during which that person:

• Is qualified in accordance with the SIC requirements of FAR 61.55 and occupies a crew member station in an aircraft that requires more than one pilot by the aircraft's type certificate.
• Holds an appropriate category, class, and instrument rating (if an instrument rating is required for the flight) for an aircraft being flown, and more than one pilot is required under the type certification of the aircraft or the regulations under which the flight is being conducted.

Logging of Instrument Flight Time -

• A person may log instrument time only for that time when the person operates the aircraft solely by reference to instruments under actual or simulated instrument flight conditions.
• An authorized instructor may log instrument time when conducting instrument flight instruction in actual instrument flight conditions.
• For the purpose of logging instrument time to meet the recent instrument experience requirements of FAR 61.57c of this part, the following information must be recorded in the person's logbook- location and type of each instrument approach and the name of the safety pilot if required.
• A flight simulator or approved flight training device may be used by a person to log instrument flight time, provided an authorized instructor is present during the simulated flight.

FAR 61.55 Second In Command Qualifications:

• Except as provided in paragraph (d) of this section, no person may serve as a second in command of an aircraft type certificated for more than one required pilot flight crew member or in command of an aircraft type certificated for more than one required pilot flight crew member or in operations requiring a second in command unless that person holds:

1. At least a current private pilot certificate with the appropriate category and class rating; and
2. An instrument rating that applies to the aircraft being flown if the flight is under IFR.

Note: Okay lets stop their and note the except for paragraph 61.55 (d) and specifically section (4). It states that this section does not apply to a person who is: Designated as a safety pilot for the purposes required by 91.109 (b) of this chapter.

FAR 91.109 (b) Flight Instruction: Simulated Instrument Flight and Certain Flight Test

(b) No person may operate a civil aircraft in simulated instrument flight unless -

1. The other control seat is occupied by a safety pilot who possesses at least a private pilot certificate with category and class ratings appropriate to the aircraft being flown.
2. The safety pilot has adequate vision forward and to each side of the aircraft, or a competent observer in the aircraft adequately supplements the vision of the safety pilot.
3. Except for lighter than air aircraft, that aircraft is equipped with fully functioning dual controls. However, simulated instrument flight may be conducted in a single engine airplane, equipped with a single, functioning, throw over control wheel, in place of fixed, dual controls of the elevator and ailerons, when-

• The safety pilot has determined that the flight can be conducted safely; and
• The person manipulating the controls has at least a private pilot certificate with appropriate category and class rating.

Note: This section sets up some of the qualifications for the safety pilot. The Safety pilot if required is a required crew member. The safety pilot must have appropriate category (Airplane, Helicopter etc..) and class (single-engine or multi-engine either land or sea). The safety pilot must conclude the flight can be performed safely. No where in this section does it state the safety pilot must have endorsements to qualify as the safety pilot like (tail wheel, high performance or complex endorsements). Note also it does not state that the person manipulating the controls is required to have any such endorsements it simply states the same as the safety pilot category, class and type rating if required.

FAR 61.23 (a) 3 Operations requiring a medical certificate a person - must hold at least a third class medical certificate.

FAR 61.23 (b) 5 exceptions to FAR 61.23 (a) A person is not required to hold a valid medical certificate - When exercising the privileges of a flight instructor certificate if the person is not acting as pilot in command or serving as a required pilot flight crew member.

Example of what FAR 61.23 means: I am a flight instructor who does not have a current medical certificate and have a student who wants to do a flight review. The instructor may fly with the student provided the student is still current for his review, takeoff and landing current, etc.. the flight instructor will not have to act as PIC. If the student is not within currency of his flight review than the flight instructor would have to hold at least a third class medical to act as Pilot In Command of the flight.

Okay we have pretty much covered the maze of regulations to consider for this question with a few exceptions that we will cover at the end.

Scenario 1 - Private Pilot Jim & Safety Pilot Tom

• Private Pilot Jim is a Private Pilot single engine land and has a Cessna 182 RG (Complex and High Performance aircraft)
• Holds a current third class medical and flight review current.
• Has an endorsement for high performance and complex aircraft.
• Takeoff and Landing current night and day and is working on instrument rating.

• Safety Pilot Tom is a private pilot Airplane single engine land, flight review current, third class medical and 75 hours in a cessna 172 and holds no other flight instructor endorsements.

Question can Tom act as my safety pilot on a VFR flight flying practice approaches?

1. FAR 61.23 medical certificate compliant for both pilots.
2. FAR 109 (b) Tom holds a private pilot rating in category and class, has adequate vision and believes the flight can be conducted safely. The person manipulating the controls Jim holds a Private pilot certificate in category and class.

So far we are okay for this flight.

Now the big question is who the acting as PIC? So we go to FAR 61.51, FAR 1.1 and some FAA written opinions to get the answer to this question. Can two pilots act as the PIC? The FAA's opinion is no two pilots may act as PIC at the same time. only one pilot can act as the pilot in command of a flight. The important comment here is the word act. Two pilots may log PIC time but only one of the pilot may act as PIC. There is a difference in serving as a PIC and logging PIC. Refer to FAR 1.1 notes above in the article. The pilot serving as PIC is responsible for the flight in general. FAR 61.51 only deals with the logging of flight time and notes that a Private or Commercial pilot may only log that flight time that the pilot is the sole manipulator of the controls, sole occupant of aircraft rated, or (the important statement) acts as PIC of an aircraft that more than one pilot is required under the type certificate of the aircraft or the regulations under which the flight is conducted.

If Jim acts as the Pilot in command he must be fully rated in the aircraft category, class and type if required and qualified with currency ( flight review, takeoff and landings) and endorsements required to fly the aircraft (high performance and Complex). Tom the safety pilot would be able to log PIC time and SIC time since under the regulations more than one pilot is required only while Jim is under the hood.

If Tom the safety pilot acts as the Pilot in command he must be fully rated in the aircraft category, class and type if required and qualified with currency ( flight review, takeoff and landings) and endorsements required to fly the aircraft ( high performance and complex). In the senerio given Tom is not qualified to do this. If Tom was qualified then Jim could fly the aircraft as sole manipulator of the controls log PIC and SIC flight time but only while under the hood and can not log any of the other flight time visually. Jim would not be required to have a high performance and complex endorsement.

One further comment that once a pilot has been designated as the acting PIC and say he could get up and go to the bathroom the pilot still remains the acting PIC and the SIC does not become the acting PIC but the SIC can log PIC flight time while manipulating the controls.

Question can Tom act as my safety pilot on a IFR flight plan flying practice approaches in actual and VFR conditions?

If Tom is designated as the acting PIC the answer is no. Tom must have an instrument rating in order to file and act as PIC.

If Jim is designated as the acting PIC and is instrument rated and current. Then Tom would only be a required crew member when the aircraft is not in actual IFR conditions. So Tom the safety pilot could log PIC and SIC flight time when Jim is using a hood or Tom manipulates the controls.

Now some extra points:

1. Insurance: Don't expect just because I or someone else has concluded that you can fly with a safety pilot just because it appears to be legal. Insurance policies need to be read and you should get a written confirmation that it is okay with the insurance company to fly under these conditions.
2. Special airworthiness regulation like the Robinson 22 Helicopter. Some of the newer aircraft are going to have special type rating requirements coming in the future do to the advanced technology. For example the Robinson 22 helicopter states to act as PIC of the aircraft you must meet the requirements of the SFAR regulation. Again note if it states act as PIC the other pilot can log PIC and not be acting as the PIC.
3. Requesting verbal answers from FAA inspectors is not the best way to answer questions like this. The information is good but if you want to find out if the FAA inspector is willing to put his job on the line ask for a written signed response to your question or better yet a written ruling.
4. The FAA is currently considering reviewing the subject of a safety pilot, so maybe we will finally get a clear cut ruling to use.
5. A second in command logging PIC as the sole manipulator of the controls may lot that time as PIC under FAR 91.51 and use that flight time as experience to meet the requirements for a certificate or rating or even recency of experience. For those of you who fly FAR 135 this time is not allowed for the 100 hours PIC experience for lower landing minimums. You must be the designated acting PIC of the flight to build the 100 hours of flight time.
6. A non instrument rated student while receiving flight instruction in actual conditions may log PIC flight time while manipulating the controls but may not act as the PIC (CFII would act as PIC) since the student is not qualified for flight in IFR conditions .

My personal opinion is that the safety pilot should be as qualified as the pilot acting as a PIC (category, class, and type rating if required along with any necessary endorsements) with the exception of an instrument rating. This is my personal opinion and by following this advise it would be very difficult to have any kind of problem.

None of the information given should be considered a legal opinion but my person opinion based on all the facts available.

Robbie Johnson

Chief Pilot

Aviation Training Us LLC