CFI exercising Sport Pilot CFI Privileges question

Finally, a place for sport pilot instructors and/or wannabees to talk about instructing.

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VL Roberts
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Re: CFI exercising Sport Pilot CFI Privileges question

Postby VL Roberts » Thu Dec 05, 2013 12:59 pm

3Dreaming wrote:
VL Roberts wrote:
3Dreaming wrote:Boy, this sure blew up yesterday.

There is no question that a sub part H flight instructor without a medical can give instruction in a light sport aircraft using only a drivers' license, and they must operate under the privileges of a sport pilot instructor. The regulations are pretty clear.

That was not the question though. The question is does the time count towards the private pilot certificate. The FAA ruling stated that training provided by a sub part K flight instructor does not count towards the private pilot certificate. A sub part H instructor is still a sub part H instructor even if thay are only exercising sub part K privileges. The time should count toward the private pilot certificate, because the instructor has received the required training in the eyes of the FAA to provide private pilot instruction unlike the sub part K instructor. There will be some training required for the private that they can not do because thay are only flying with a drivers' license.


Let's forget about Sport Pilot for a moment. Do you contend that a CFI w/o a medical can provide instruction to a student pilot pursuing a Private Pilot certificate so long as instruction takes place in a LSA?


That is not what I said. Instruction given to a sport pilot student by a sub part H flight instructor can be counted towards the private pilot certificate. This is dirrected to the OP original question.
As whether a sub part H flight instructor can give instruction to a private pilot student in a LSA without a medical. Just reading the FAR's and not looking at any legal rulings from the FAA I would say no. This is just like the fact that a student pilot must hold at least a third class medical to exercise the privileges regardles of the type of airplane they are flying, unless they are seeking sport pilot privileges in a light sport aircraft.
I think the need for a medical really comes down to what are the intensions of the student.


What it comes down to is what airman certificate is being applied for and what were the PRIVILEGES of the instructor that gave the instruction. If the instructor doesn't have the privilege of instructing for Private then no way would the hours subsequently count just based on a students intention.

I think Paul realizes that also based on his previous answer about Subpart H instructors w/o medicals instructing for Private.

FlyingForFun
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Re: CFI exercising Sport Pilot CFI Privileges question

Postby FlyingForFun » Thu Dec 05, 2013 1:01 pm

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3Dreaming
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Re: CFI exercising Sport Pilot CFI Privileges question

Postby 3Dreaming » Thu Dec 05, 2013 1:22 pm

The basis that the FAA used to say that a sub part K instruction time could not count towards the private pilot certificate was the fact that a sub part K instructor was not even required to receive the training that a private pilot needs. A sub part H instructor has been trained and tested in all eliments of the areas of training that a private pilot needs, and the fact that he is exercising sport pilot instructor privileges does not change the fact that he is still a sub part H instructor.

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drseti
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Re: CFI exercising Sport Pilot CFI Privileges question

Postby drseti » Thu Dec 05, 2013 1:23 pm

+1, Tom.
The opinions posted are those of one CFI, and do not necessarily represent the FAA or its lawyers.
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VL Roberts
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Re: CFI exercising Sport Pilot CFI Privileges question

Postby VL Roberts » Thu Dec 05, 2013 1:37 pm

Ok. I'm not writing any letters or making any phone calls to the FAA because this issue doesn't affect me.

But has any instructor advising students about this issue at least called the Sport Branch in OKC? A call to them and getting an opinion does not run the same risk as writing a letter to the FAA and receiving a legal interpretation .

At least see how their answer compares to Mr Yodice.

N918KT
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Re: CFI exercising Sport Pilot CFI Privileges question

Postby N918KT » Thu Dec 05, 2013 2:51 pm

Thanks for the response.

The discussion of examiners also let me to another question:

Can a regular DPE give sport pilot checkrides to sport pilot candidates or does it have to be given by a Sport Pilot Examiner (SPE)?

FlyingForFun
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Re: CFI exercising Sport Pilot CFI Privileges question

Postby FlyingForFun » Thu Dec 05, 2013 3:27 pm

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3Dreaming
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Re: CFI exercising Sport Pilot CFI Privileges question

Postby 3Dreaming » Thu Dec 05, 2013 3:32 pm

N918KT wrote:Thanks for the response.

The discussion of examiners also let me to another question:

Can a regular DPE give sport pilot checkrides to sport pilot candidates or does it have to be given by a Sport Pilot Examiner (SPE)?


If the DPE does not have the authority to do sport pilot checkrides the it can be given on a case by case basis by the FAA.

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Re: CFI exercising Sport Pilot CFI Privileges question

Postby VL Roberts » Thu Dec 05, 2013 3:44 pm

FlyingForFun wrote:
VL Roberts wrote:Ok. I'm not writing any letters or making any phone calls to the FAA because this issue doesn't affect me.

But has any instructor advising students about this issue at least called the Sport Branch in OKC? A call to them and getting an opinion does not run the same risk as writing a letter to the FAA and receiving a legal interpretation .

At least see how their answer compares to Mr Yodice.
I called and got a ruling that a CFI flying LSA with driver's license could put a student under a hood in LSA since he is a qualified PIC, a different, but similiar question.


Much different question. I doubt anyone will call the Sport Branch about the topic at hand. They wouldn't like the answer.

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Re: CFI exercising Sport Pilot CFI Privileges question

Postby FlyingForFun » Thu Dec 05, 2013 4:06 pm

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Re: CFI exercising Sport Pilot CFI Privileges question

Postby FlyingForFun » Mon Dec 09, 2013 12:08 pm

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FlyingForFun
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Re: CFI exercising Sport Pilot CFI Privileges question

Postby FlyingForFun » Mon Dec 09, 2013 1:07 pm

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Re: CFI exercising Sport Pilot CFI Privileges question

Postby drseti » Mon Dec 09, 2013 1:27 pm

Thanks for reaching out and confirming that, FFF. Do you happen to recall who you spoke to? If it was Mr. Ford, that would constitute a credible policy statement.
The opinions posted are those of one CFI, and do not necessarily represent the FAA or its lawyers.
Prof H Paul Shuch
PhD CFII DPE LSRM-A/GL/WS/PPC iRMT
AvSport LLC, KLHV
fly@AvSport.org
AvSport.org
facebook.com/SportFlying
SportPilotExaminer.US

FlyingForFun
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Re: CFI exercising Sport Pilot CFI Privileges question

Postby FlyingForFun » Mon Dec 09, 2013 1:31 pm

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N918KT
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Re: CFI exercising Sport Pilot CFI Privileges question

Postby N918KT » Mon Dec 09, 2013 4:53 pm

FFF, thanks for getting an answer from the Light Sport Branch.


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