Private Pilot Flight Training and Instruction
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Command Authority
FAR 91.3: "The pilot-in-command of an aircraft is directly
responsible for, and is the final authority as to, the operation
of that aircraft...." In an emergency you can break any
rule to the extent required to meet that emergency. However,
the FAA reserves the right to second guess anything a pilot does.
As a pilot you should not allow anyone or anything to determine
what you consider necessary for safe flight operations. ATC runs
the system for its convenience. As a PIC you must learn to use
the system and abide by it operational procedures until they
affect the safety of your aircraft. Until you declare an emergency
you must obey ATC.
Command authority carries with it liability. Liability as a flight
instructor comes from both the FAA and civil authority. The FAA
looks at FAR violations as the PIC the instructor is responsible
for the aircraft. The civil aspect relates to negligence. A flight
instructor need not be giving instruction, just being on the
aircraft and contributing to carelessness. A flight instructor
is held to a higher level or care and a higher level of liability.
Circumstances and common sense control each situation. Flight
instructor liability exists in and out of the aircraft before,
during, and even after instruction has been given.. The instructor
is in charge of student flights. Flight instructor liability
insurance is available through the AOPA Insurance Agency at (800)622-2672
CFI does not require a medical if he does not function as required
crew member or P:IC. Time can be logged as PIC and any payment
is legal.
Written by Gene Whitt
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