When can you instruct without a CFI certificate?


Recent questions have prompted AOPA to review this situation: FAR 61.167 seems simple enough in its confirmation that ATP certificate holders may instruct pilots in "air transportation service." Certain intricacies of that instruction might require further thoughts, however.

An airline transport pilot may instruct other pilots in air transportation service in aircraft of the category, class, and type for which the airline transport pilot is himself or herself rated.

The aircraft must have functioning dual (flight) controls, and the ATP would endorse the logbook (or other training record) of the person receiving the training.

Some provisions that the ATP-rated pilot must be aware of would include:

Although instruction could also be provided in flight simulators, it must be a simulator that represents specific aircraft for which the ATP pilot is rated by category, class, and type.

Instruction in (approach) Category II or III operations may be given only if the ATP has been trained and successfully tested under Category II or III operations, as applicable.

Instruction for the air carrier certificate holder would be a "duty time" consideration, the FAA Chief Counsel's office has ruled in the past. The FAR under discussion, 61.167, has "flight instruction" time limitations of 8 hours in any 24 consecutive-hour period and 36 hours in any 7 consecutive-day period, less briefings and debriefings. Although briefing times do not count as flight instruction, they may need to be considered in duty time.

FAR 121 duty times are not easily summarized but can be found in FAR 121.471.

Because the FAR 1.1 definitions of "air transportation" can only be preformed by a Part 121 or Part 135 operation, several FAA Chief Counsel interpretations (1976-9 and 1979-23) confirm that the person receiving any instruction must be engaged in air

transportation. Either Part 141 schools or Part 141 schools under contract to Part 121 carriers do not meet the criteria.

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