What will happen with the Sport CFI Rating

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

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MrMorden
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Re: What will happen with the Sport CFI Rating

Postby MrMorden » Wed Aug 13, 2014 9:57 am

CTLSi wrote:
drseti wrote:Andy, to further clarify (or muddle) the issue, a traditional CFI is certified inder FAR 61 Subpart H. A so-called Sport CFI is certified under Subpart K. Both are CFIs. Both can instruct with a DL medical, in an LSA. A subpart K CFI can only instruct in an LSA, and only toward a Sport Pilot rating, regardless of his or her medical (even if one has a First Class medical, this restriction still holds.) I don't see medical certificate reform as changing this in any way.

A current Subpart H CFI can also instruct in a non-LSA, with or without a medical (and even without a driver's license). He or she just can't be PIC. So, the medical is a pilot requirement, not a CFI requirement. This is important in primary instruction, when the CFI is PIC. Thus, a Subpart H CFI with a lapsed medical can only give primary instruction in an LSA, at present, and only with a valid driver's license. If the 3rd class medical is replaced by a DL, a Subpart H CFI with a lapsed medical would then be able to be PIC in a non-LSA, opening the door to him or her giving even primary instruction in a non-LSA. This, however, would not give the Subpart K CFI any additional privileges.


It seems incredible that a CFI without a medical can be in a non LSA instructing given the POSSIBLE need to take over and fly the aircraft. The tenuous definition of PIC is often argued on these boards. I don't want to get into that, but why would the FAA allow anyone to get into a non LSA under current medical requirements that assumes the role of flying the aircraft if/when a student is unable to do it?


I think the idea is that if the student is acting as PIC, there should be no circumstances short of medical incapacitation of the *student* that would warrant him "taking" control. He's essentially a passenger at that point, acting in an advisory capacity. Just because he's a CFI doesn't mean he can snatch the controls from anybody he's riding with.
Andy Walker
Athens, GA
Sport Pilot ASEL, LSRI
2007 Flight Design CTSW E-LSA

comperini
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Re: What will happen with the Sport CFI Rating

Postby comperini » Wed Aug 13, 2014 10:00 am

CTLSi wrote:It seems incredible that a CFI without a medical can be in a non LSA instructing given the POSSIBLE need to take over and fly the aircraft. The tenuous definition of PIC is often argued on these boards. I don't want to get into that, but why would the FAA allow anyone to get into a non LSA under current medical requirements that assumes the role of flying the aircraft if/when a student is unable to do it?


We need to remember how the FAA thinks... The CFI certificate is not a flying certificate. It's a teaching credential. Without a medical, the CFI is no different than a non-pilot passenger, so he can never legally be PIC. That's why no primary instruction (because those receiving training with only a student pilot certificate, or nothing, can't be PIC). Doing flight reviews, prof checks, advanced training to people who already hold pilot certificates (and therefore assume the PIC role) is ok.
- Bob
COMM, CFI, DPE, Light Sport Repairman/Maintenance
http://www.sportpilotinstructor.com

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drseti
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Re: What will happen with the Sport CFI Rating

Postby drseti » Wed Aug 13, 2014 10:26 am

CTLSi wrote:It seems incredible that a CFI without a medical can be in a non LSA instructing given the POSSIBLE need to take over and fly the aircraft. <snip> why would the FAA allow anyone to get into a non LSA under current medical requirements that assumes the role of flying the aircraft if/when a student is unable to do it?


I know it seems incredible, and can't answer the "why," but FAA Legal has made their intention very clear, with Letters of Interpretation affirming that a CFI with even a denied or revoked medical can give flight reviews to a current pilot, and a CFII under similar conditions can give instrument proficiency checks to a non-lapsed IFR pilot. In these cases, the CFI is acting as an observer, not a pilot.
The opinions posted are those of one CFI, and do not necessarily represent the FAA or its lawyers.
Prof. H. Paul Shuch, Ph.D., CFII, LSRM-A/GL/WS/PPC, iRMT
AvSport of Lock Haven
fly@AvSport.org
http://AvSport.org
http://facebook.com/SportFlying


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