The following Legal Interpretations & Chief Counsel’s Opinions are referenced within MyCFIBook. Each is provided with a general overview of the questions that are answered.
Greg Axton (January 2016): SIC Type Ratings
Reference: Axton (2016) Legal Interpretation
- Is it permissible for a qualified management official in the 14 CFR Part 91 flight department (Chief Pilot/Aviation Manager) to sign the applicant’s training records, 8710 form, and make the required logbook endorsements to present to the FAA for the SIC type rating, per FAR 61.55(d)(1)?
- If a qualified management official is not allowed to make the required endorsement under this scenario, what additional training is required to meet the requirements of 61.55(d)(1)(2)?
- Can the applicant, if they hold a valid flight instructor’s rating, sign their own training record, 8710 form, and logbook endorsement in this scenario, where they currently meet the requirements of FAR 61.55(a)(b)(c)?
Daniel Beard (January 2015): Solo Endorsements for Certificated Pilots
Reference: Beard (2015) Legal Interpretation
- Do the solo endorsement requirements for student pilots in 14 CFR Part 61 Subpart C also apply to pilots who hold higher certificates and are seeking an additional rating?
- Must a person operating in solo flight under a 114 CFR 61.3 l(d) endorsement comply with the flight review requirements in 14 CFR 61.56(c).
Gregg Beaty (January 2013): Safety Pilot Requirements
Reference: Beaty (2013) Legal Interpretation
- Does a safety pilot, serving as SIC, need to have an instrument rating on their pilot certificate?
- Does a safety pilot, acting as SIC, need to be instrument current per 14 CFR 61.57?
Leisha Bell (January 2009): Known Icing Conditions
Reference: Bell (2009) Legal Interpretation
- What is the definition of “known ice” as it relates to flight operations in the context of general aviation?
- In what circumstances can a pilot expect a substantial likelihood of ice formation on the aircraft based upon all information available to them, and what constitutes “known icing conditions”?
Robert Carty (February 2022): Instrument Training Requirements
Reference: Carty (2022) Legal Interpretation
- Does 14 CFR 61.65(d)(2)(ii)(C) require the use of three different kinds of navigation systems for an instrument rating?
- Are Precision Approach Radars (PAR) and Airport Surveillance Radars (ASR) considered navigation systems for the purpose of meeting the requirements in 14 CFR 61.65(d)(2)(ii)(C)?
Melvin Cintron (August 2012): Definitions of “Densely Populated” and “Congested Airway”
Reference: Cintron (2012) Legal Interpretation
- What are the definitions of “densely populated” and “congested airway” in the context of limitations on experimental aircraft operations, particularly regarding Living History Flight Experience (LHFE) flights?
- Can pilots use existing navigation aids and charts during their preflight planning to determine these definitions easily?
David Coleal (February 2009): Checking Tire Pressure as Preventive Maintenance
Reference: Coleal (2009) Legal Interpretation
- Can a pilot legally check tire pressure on a transport category aircraft that is being operated under 14 CFR Part 91 or 135?
- Is checking tire pressure on a Learjet 60 considered preventive maintenance or a simple preflight inspection task?
John Creech (November 2010): ATP Certificate Instruction Privileges
Reference: Creech (2010) Legal Interpretation
- What is the intent of 14 CFR 61.167(b)?
- May a pilot who holds an ATP certificate and a BE-300 type rating give dual instruction in a BE-300 aircraft to a commercial multi-engine pilot with an instrument rating in “air transport service” if the ATP does not have a CFI and the flight is to be conducted under 14 CFR Part 91 operating rules?
- What is the definition of “air transport service” as found in 14 CFR 61.167?
Danny Creech (August 2013): Logging PIC Time in Twin-Engine Aircraft
Reference: Creech (2013) Legal Interpretation
- In a scenario where Pilot A and Pilot B rent a twin-engine aircraft certificated for single pilot operation for Pilot A to make several practice approaches to maintain instrument currency, and both pilots have appropriate ratings for the aircraft, who may log multi-engine PIC time if Pilot A is the sole manipulator of the controls throughout the entire flight while under simulated IFR conditions with Pilot B acting as a safety pilot?
Dan Crowe (February 2013): Adding a Category or Class Rating
Reference: Crowe (2013) Legal Interpretation
- May the applicant credit more than 10 hours of time spent performing the duties of PIC with an instructor on board toward the PIC requirements of 14 CFR 61.129(c)(2)?
- May the applicant log as PIC time that time spent performing the duties of PIC with an instructor on board in accordance with 14 CFR 61.51?
- Does the applicant need an endorsement under 14 CFR 61.31 in order to perform the duties of PIC with an instructor on board in accordance with 14 CFR 61.129(c)(4)?
- May an applicant who has been endorsed for solo flight under 14 CFR 61.31 credit or log a portion of the flight training conducted in accordance with 14 CFR 61.129(c)(3) as PIC time after receiving such an endorsement?
Bruce DeCleene (May 2013): Aircraft Approach Category
Reference: DeCleene (2013) Legal Interpretation
- Does the phrase “maximum certificated landing weight” in the definition of “aircraft approach category” as defined in 14 CFR 97.3 apply to aircraft grouped by speed of VREF as well as aircraft grouped by 1.3 VS0?
Richard Domingo (July 2018): Adding an ASEL Rating
Reference: Domingo (2018) Legal Interpretation
- Does 14 CFR 61.109(a) require the 20 hours of flight training from an authorized instructor to be conducted in a single-engine airplane for a person seeking a Private Pilot certificate with an airplane category single-engine class rating?
- Must the 20 hours of flight training from an authorized instructor and the 10 hours of solo flight training cover the areas of operation listed in 14 CFR 61.107(b)(1)?
Bridgette Doremire (January 2010): ATC Clearances and Airspace
Reference: Doremire (2010) Legal Interpretation
- Is a vector providing heading and altitude assignment considered a clearance under 14 CFR 91.131(a)(1) to enter Class B airspace?
- If a pilot elects to turn to avoid Class B airspace, would this action violate 14 CFR 91.123(a)(b) and/or 14 CFR 91.111(a)?
- At what distance from the airspace must a solo student pilot refuse the clearance per AIM paragraph 4-4-1(b) if they do not have the endorsement of 14 CFR 61.95(a)(2) and (3)?
- Should a pilot know the frequency of the appropriate ATC facility to request clearance to enter Class B airspace in accordance with 14 CFR 91.131?
William Finagin (September 2012): Spin Training as Aerobatic Training
Reference: Finagin (2012) Legal Interpretation
- Is spin training to meet the requirements of a CFI certificate or spin training associated with upset recovery training considered aerobatic training, thus needing to meet the requirements of 14 CFR 91.303 or a waiver to that regulation?
John Fitzpatrick (February 2018): Parachute Requirements for Spin Training
Reference: Fitzpatrick (2018) Legal Interpretation
- Is spin training conducted as part of 14 CFR Part 141 flight school operations exempt from the parachute requirements of 14 CFR 91.307(c)?
Col. Michael Gallagher (2005): Alternate Airport and Fuel Requirements
Reference: Gallagher (2005) Legal Interpretation
- Does 14 CFR 91.167 require a pilot operating an aircraft under IFR to have sufficient fuel to attempt an approach at the destination airport and then fly on to the alternate airport with 45 minutes of fuel remaining upon arrival at the alternate?
- When would it be legal to continue onto the destination when that means that the pilot would no longer be able to reach his alternate airport and land within 45 minutes?
- Is there a gray area in the regulations that would allow a pilot to attempt to land at the destination airport if one extreme is when the destination airport conditions are such that an alternate is no longer required and the other extreme is that both airports have conditions that would allow the pilot to land?
Col. Michael Gallagher (December 2006): IFR Fuel Requirements
Reference: Gallagher (2006) Legal Interpretation
- For IFR flights where an alternate is required, must the pilot carry sufficient fuel to complete an approach and landing at both the destination airport and alternate airports?
Stephen Gatlin (September 2010): Advanced Ground Instructors and Instrument Ground Instructors
Reference: Gatlin (2010) Legal Interpretation
- Can an Advanced Ground Instructor or Instrument Ground Instructor give instrument instruction for Private Pilot, Instrument Pilot, and Commercial Pilot certificates in a flight simulator, flight training device, or advanced aviation training device as an “Authorized Instructor” as defined in 14 CFR 61.1(b)(2)?
William Grannis (August 2017): Exceptions in 14 CFR 119.1(e)
Reference: Grannis (2017) Legal Interpretation
- How are the terms “student instruction” and “training flights” distinguished within the context of 14 CFR 119.1(e) exceptions?
- Do operations like discovery flights, introductory flights, orientation flights, and demonstration flights fall under the “student instruction,” “training flights,” or “nonstop commercial air tours” exceptions in 14 CFR 119.1(e)?
- Can these types of flights be conducted by a commercial pilot or ATP, and under what conditions?
William Grannis (April 2016): Combining Solo and PIC Flight Time
Reference: Grannis-1 (2016) Legal Interpretation
Is it permissible under 14 CFR 61.129(a)(4) to log and combine solo flight time hours with flight time hours performing the duties of PIC with an authorized instructor on board to total 10 hours?
William Grannis (June 2016): Logging Cross-Country Flight Time
Reference: Grannis-2 (2016) Legal Interpretation
- When logging cross-country time to meet aeronautical experience requirements for pilot certificates, should “flight time” as defined in 14 CFR 1.1 be used, encompassing the period from when the aircraft moves under its own power for the purpose of flight until it comes to rest after landing?
Ivan Grau (October 2010): Medical Certificate Requirements for CFIs
Reference: Grau (2010) Legal Interpretation
- What is the interpretation of the term “required crewmember seat” as used in 14 CFR 142.49(c)(3)(iv), particularly in relation to the medical certificate requirements for instructors providing flight instruction in aircraft?
Taylor Grayson (January 2010): Training Requirements Under 14 CFR 61.31
Reference: Grayson-1 (2010) Legal Interpretation
- Are the additional training requirements set forth in 14 CFR 61.31(e) through (j) considered “ratings limitations” under 14 CFR 61.31(l)(2), and are student pilots and checkride candidates required to obtain this additional training and endorsements before they may act as PIC of the aircraft designated in 14 CFR 61.31(e) through (j)?
Taylor Grayson (July 2010): Instrument Training and Record Keeping
Reference: Grayson-3 (2010) Legal Interpretation
- Can a CFI without an instrument rating on their flight instructor certificate provide “training for the instrument rating outside of the minimum 15 hours” required by 14 CFR 61.65(d)(2), and can any CFI provide flight training on the “basic instrument maneuvers” under 14 CFR 61.107 and “control and maneuvering of an airplane solely by reference to the instruments” under 14 CFR 61.109 for a private pilot seeking an instrument rating?
- What types of endorsements related to solo flights must a flight instructor maintain a record of in their logbook or separate document to comply with 14 CFR 61.189(b)(1)?
Stephen Greenwood (October 2015): 100-Hour Inspection Scenarios
Reference: Greenwood (2015) Legal Interpretation
- Does the 100-hour maintenance inspection requirement of 14 CFR 91.409(b) apply to aircraft used for flight training and rental, and how does this requirement apply in various operational scenarios including aircraft rental without providing a pilot and flight instruction for hire?
Michael Griffith (December 2008): Logbook Endorsements for Using an FTD
Reference: Griffith (2008) Legal Interpretation
- What logbook endorsements can be given when an approved Flight Training Device (FTD) is used, and who may endorse a pilot’s logbook for passing the instrument proficiency check if the training takes place in an approved FTD?
Randy Haralson (October 2009): Cross-Country Flight Time for Instrument Rating
Reference: Haralson (2009) Legal Interpretation
- May an applicant for an instrument flight test satisfy the required “50 hours of cross-country flight time as PIC” by crediting flight time with an instructor in actual instrument conditions during which time the applicant was the sole manipulator of the controls?
M. Kristine Hartzell (December 2010): Instrument Training and Commercial Rotorcraft Certificate
Reference: Hartzell (2010) Legal Interpretation
- Does the training for an instrument rating under 14 CFR 61.65(e) meet the requirements for aeronautical experience to obtain a commercial rotorcraft certificate under 14 CFR 61.129(c)(3)(i)?
Jason Herman (May 2009): Logging PIC Time in Complex and High-Performance Airplanes
Reference: Herman (2009) Legal Interpretation
- May a pilot lacking endorsements for high-performance or complex airplanes log PIC time as the sole manipulator of the controls, even if another pilot with the appropriate endorsements is acting as PIC?
Tenence Keller Jr. (July 2015): S-LSA Maintenance Requirements
Reference: Keller (2015) Legal Interpretation
- Is an S-LSA airworthiness certificate rendered invalid when mandatory schedules for overhaul or replacement of components are disregarded and a component or system has exceeded a life limit specified in a manufacturer’s maintenance manual?
Kris Kortokrax (August 2006): Instructor and Student as Passengers
Reference: Kortokrax (2006) Legal Interpretation
- For the purpose of 14 CFR 61.57(b) concerning night takeoff and landing experience, is an authorized instructor providing instruction considered a passenger?
John Krug (June 2014): ATC Clearances and Class G Airspace
Reference: Krug (2014) Legal Interpretation
- May ATC issue a clearance authorizing right-hand turns to an airport without an operating control tower in Class G airspace?
- Does a diagram in the Instrument Flying Handbook depicting right-hand turns during circling approaches contradict this interpretation?
- In a scenario where ATC terminates radar service and the pilot switches to CTAF, must the pilot return to the ATC frequency and request a new clearance for a circling approach, or execute a missed approach if unable to contact ATC?
Jared Kuhn (February 2014): Crediting Flight Time Under 14 CFR 61.129(a)(4)
Reference: Kuhn (2014) Legal Interpretation
- May a certificated flight instructor (CFI) log PIC time for a flight conducted to meet the flight time requirements of 14 CFR 61.129(a)(4)?
- How may the pilot performing the duties of PIC with an authorized instructor on board log flight time?
- Must the CFI act as PIC for this type of flight?
Thomas Letts (November 2012): Use of an iPad for in Lieu of an FMS
Reference: Letts (2012) Legal Interpretation
- Must the navigational database used by a Flight Management System (FMS) be kept up to date, or can an iPad be used in lieu of an inoperative FMS?
Thomas Letts (December 2017): Inoperative Rotating Beacon
Reference: Letts (2017) Legal Interpretation
- Can a Cessna 172 equipped with a red rotating beacon and a white strobe lights be operated if the red rotating beacon is inoperative?
- Are the red rotating beacon and white strobe lights part of the same anticollision light system?
Ronald Levy (August 2008): Logging Instrument Approaches as a CFII
Reference: Levy (2008) Legal Interpretation
- May a CFII log instrument approaches that a student flies in actual instrument conditions, and do these logged approaches count for the instructor’s instrument currency requirements?
Ronald Levy (June 2009): Dual Controls for Flight Instruction
Reference: Levy (2009) Legal Interpretation
- Are power controls required at both control stations to constitute dual controls for flight instruction, or can flight instruction be given in an aircraft without power controls accessible at the second control station?
Anthony Lowenstein (August 2016): 100-Hour Inspection Requirements
Reference: Lowenstein (2016) Legal Interpretation
- Does the 100-hour inspection requirement apply when a renter hires a CFI to provide flight instruction in an aircraft provided by an FBO, assuming the CFI and renter have no contractual relationship with the FBO beyond the rental agreement?
Richard Martindell (March 2009): Flight Instruction as Other Commercial Flying
Reference: Martindell (2009) Legal Interpretation
- Is flight instruction conducted under 14 CFR Part 91 for compensation considered “other commercial flying” for the purpose of tracking flight and duty time in 14 CFR Part 135?
Bryan McLellan (June 2015): Aeronautical Experience for Commercial Pilot Certificate
Reference: McLellan (2015) Legal Interpretation
- Can a private pilot, with an ASEL rating apply for a Commercial Pilot certificate with a rotorcraft category and helicopter rating without first obtaining a rotorcraft helicopter rating on the Private Pilot certificate?
- Can the aeronautical experience gained while training for another certificate or rating be applied towards a Commercial Pilot certificate?
Daniel Murphy (December 2008): Medical Certification for Flight Instructors and Logging Time by Student Pilots
Reference: Murphy (2008) Legal Interpretation
- Is a Second-Class Medical certificate required for a flight instructor providing flight instruction for hire?
- May a student pilot act as PIC above a scattered or broken cloud layer?
- How can a flight instructor comply with 14 CFR 61.189(a) if the student pilot does not possess a logbook?
- Is a flight instructor providing an “introductory flight” to someone not interested in receiving instruction required to possess a Second-Class Medical certificate?
- Must a flight crewmember have a shoulder harness secured during taxi if one is installed?
Daniel Murphy (June 2009): Turns in Class G Airspace and Logging PIC Time During Practical Tests
Reference: Murphy (2009) Legal Interpretation
- May a pilot make right-hand turns during a circling approach to an uncontrolled airport in instrument meteorological conditions (IMC) if left turns are considered undesirable for safety reasons?
- May a pilot log PIC flight time under 14 CFR 61.51(e)(1) during a practical test when 14 CFR 61.47(b) requires the pilot to act as PIC?
- To what extent must an approach continue to be considered an instrument approach?
Daniel Murphy (January 2011): Anticollision Lights and Cross-Country Flight Experience
Reference: Murphy (2011) Legal Interpretation
- At what point must the anticollision lights be turned on?
- Are both the rotating beacon and the strobe light system required to be on?
- Can aeronautical experience gained while training for a Private Pilot certificate be applied towards the cross-country flight experience required for a Commercial Pilot certificate?
Daniel Murphy (March 2015): Logbook Entries and Use of Autopilot
Reference: Murphy (2015) Legal Interpretation
- Can a pilot using autopilot log that time as PIC flight time?
- Can an SIC who spends time “physically manipulating the controls” of an aircraft log that time as both PIC and SIC flight time?
Richard Newman (July 2015): Flight Review Requirements
Reference: Newman (2015) Legal Interpretation
- Can two authorized instructors administer the flight review, one for ground training and the other for flight training?
- Does a certificated pilot in powered aircraft training for an additional glider category rating need a current flight review to perform solo flights in a glider during training?
Scott Rohlfing (February 2016): Instrument Rating Requirements
Reference: Rohlfing (2016) Legal Interpretation
- Can aeronautical experience used to satisfy the requirements of 14 CFR 61.109(a)(3) for the control and maneuvering of an airplane solely by reference to instruments also be used to satisfy the requirements of 14 CFR 61.65(d)(2) for an instrument rating?
E. Thomas Sisk (March 2008): Cross-Country Requirements for Instrument Rating
Reference: Sisk (2008) Legal Interpretation
- For the purposes of cross-country requirements for an instrument rating, must a cross-country flight include at least one leg that is more than 50 NMs long with a landing at a point more than 50 NMs from the original point of departure?
Ted Stanley (March 2015): Annual Inspection Documentation
Reference: Stanley (2015) Legal Interpretation
- Does the FAA require separate annual inspections for an airframe, engine, and propeller?
- Is a maintenance record documenting the completion of an annual inspection required for anything other than an aircraft?
- May the holder of an inspection authorization document the completion of an annual inspection for anything other than an aircraft?
Richard Theriault (October 2010): Helicopter Flight Training Experience
Reference: Theriault (2010) Legal Interpretation
- Can a helicopter operate on an IFR flight plan with “VMC only” noted in the remarks section for instrument training purposes (the helicopter is not IFR certified)?
- Are the requirements of 14 CFR 61.129(c)(3)(i) met by training for an instrument rating or getting an instrument rating?
- Can an applicant for a Commercial Pilot certificate use experience from a night cross-country flight that meets Commercial Pilot certificate requirements under 14 CFR 61.129(c) while training for a Private Pilot certificate?
Gary Thomey (September 2010): Operation Below DH or MDA
Reference: Thomey (2010) Legal Interpretation
- May a pilot operate an aircraft below a published decision height (DH) or minimum descent altitude (MDA) if the pilot has the runway in sight but the runway visual range (RVR) is reported at less than the published minimum RVR for the approach?
Charles Walters (May 2018): 100-Hour Inspection Requirements
Reference: Walters (2018) Legal Interpretation
- Is a 100-hour inspection required if the flight instruction is not for hire, and how does this apply in different scenarios where a flight school provides the aircraft and instructor but does not explicitly charge for instruction?
William Wang (2015): Minimum Control Speed
Reference: Wang (2015) Legal Interpretation
- How is minimum control speed (VMC) affected by factors like ground effect, wing flaps, cowl flaps, airplane trim, and other configurations?
- Since no handbook offers an explanation, can an an evaluator ask questions pertaining to how changes to each of these configurations affect VMC during a practical test?
Stephens Williams (April 2017): Sport Pilot Proficiency Checks and Flight Reviews
Reference: Williams (2017) Legal Interpretation
- Does the proficiency check required by 14 CFR 61.321(b) for a Sport Pilot or higher certificated pilot also meet the proficiency check or practical test requirement for the 14 CFR 61.56(d) flight review exemption requirement?
- May the 14 CFR 61.321 proficiency check and 14 CFR 61.56 flight review be conducted simultaneously?
- What is the status of the authorized instructor while conducting the Sport Pilot proficiency check with respect to 14 CFR 61.47?
Joshua Wynne (August 2008): Instrument Rating and Recent Flight Experience
Reference: Wynne (2008) Legal Interpretation
- Is a newly rated instrument pilot subject to the recent experience obligations under 14 CFR 61.57(c)?