Acting and Logging PIC

"You are Pilot in Command for the duration of this flight" - Tizi's brief to his CFI before every flight as a Florida Tech student

Clearly identifying who is PIC on any given flight is fundamental. There is no excuse for not knowing who is ultimately in charge of the flight. The PIC is often referred to as “the captain”, and no matter how big or small the airplane, there is always only one captain.

WARNING

This is not legal counsel.

Consider this academic guidance only.

For absolute answers, buy AOPA Pilot Protection Services.

Definition and Responsibilities

The Pilot in Command (PIC) is defined under 14 CFR 1.1:

14 CFR 1.1

There are several key points that should be emphasized in this definition to BE pilot in command:

1. The PIC must hold appropriate category and class ratings. We are talking about single engine land (SEL), multi engine land (MEL), and type rating, if applicable..

2. The designation occurs before or during the flight. What this means is that although the PIC is designated before boarding the aircraft, the PIC can change during a flight. At any moment, the pilots can together decide to switch roles, at their discretion. What this implies is that the name of the PIC during an IFR flight plan (or VFR) is a good point of contact (POC), but not necessarily the actual PIC.

3. The PIC has final authority and responsibility. This goes beyond “who is flying the plane”, it’s a matter of responsibility, too. We'll understand later why I say "beyond flying the plane".

4. The PIC is sometimes designated by an operator’s operational specifications (ops specs), which is an agreement between an operator and the FAA. For example, an airline may say “to be PIC, you need 5000 hrs of total flight time”. If it’s written in an FAA approved ops spec, it becomes as binding as the FARs.

5. During part 91 operations (without an ops spec), the PIC can be at total discretion of the pilots. Let’s say that you and your pilot buddy go fly out for dinner, you can choose together who will be the PIC.

The responsibilities and authority of the PIC are described in FAR 91.3:

The first point is pretty explanatory and aligned with the definition from FAR 1.1. It's a matter of responsibility and authority (primarily, who gets blamed for stuff). The second point states that the PIC can deviate from the FARs during an emergency. It grants the PIC that authority for those situations that only they can understand (e.g., ATC is not in the cockpit, so they don't know everything). The third point covers a bit of resposnibility. Yes, you can deviate from ATC instructions if the instruction is unsafe or you declare an emergency, but you need to explain yourself to the administrator anytime you deviate. Moreover, per 91.123(c) you must also advise ATC as soon as possible if you cannot comply an instruction. Aviate, navigate, but still communicate!

Logging PIC Time

Logging PIC time is different than “being” PIC. Yeah, this is where it gets complicated. Logging PIC times is regulated under FAR 61.51, which has been interpreted as saying that logging PIC may be “different and distinct” from acting as PIC.

Under FAR 61.51(e)(1)(i), you are allowed to log PIC time if you are the sole manipulator of the flight controls in a single-pilot airplane.

So, it's apparently straightforward. If you're in a single pilot airplane, only one person can log PIC. However, we also learned that there is a distinction between logging and acting as PIC. In fact, it is permissible to have - in a single pilot airplane two pilots with the following arrangement:

• a first pilot who acts as PIC without logging PIC

• a second pilot who logs PIC without acting as PIC

Again, there is only one PIC - the one who acts as PIC. But that pilot doesn't have to be the same as the one who logs PIC. As long as only one logs PIC and only one acts as PIC, the flight is legal. Of course, ultimate responsibility is owned by the pilot who acts as PIC. They are the "captain".

This arrangement is clearly described in three FAA letters: Herman (2009), Walker (2011), and Speranza (2009). It's very important that you read all three letters to get the complete picture. Herman (2009) also clarifies that to log PIC you need to be rated for the airplane you are flying. That includes category, class, and type-rating (if required). This does not include any endorsement or instrument rating. Regulations for endorsements, etc. are in fact covered under FAR 61.31(e) and (f). So, you can fly a tailwheel airplane and log PIC without being tailwheel endorsed as long as you are not acting as PIC. Whaaaaaaat??

Here's a tangible example. Let's say that you and your friend go fly a Cessna 182T. That is a high performance airplane. Let's assume you are not endorsed for high performance aircraft but your friend is. You are legally allowed to fly that airplane under FAR 61.51(e)(1)(i), because to log PIC you just need to be the sole manipulator of the controls of an airplane for which you are rated. So the high performance is not required to log PIC. However, you cannot act as PIC. So, your friend, who has the endorsement, must act as PIC during that flight. The caveat is that even though your friend acts as PIC, they cannot log that time as PIC. It's a little weird, right?... being the PIC but not being allowed to log that time as PIC... #mindblown. Again, only one person may log or act PIC in a single-pilot airplane!

Another example is flying under IFR with a non instrument rated pilot. Again, per FAR 61.51(e)(1)(i), you don't need to be instrument rated to log PIC time. Assume you and your friend go fly. You are instrument rated and he is not. Mid-flight, you decide to let your friend fly. They are perfectly allowed to fly under IFR, and can log the PIC time as sole manipulator of the controls. However, not being instrument rated, they cannot act as PIC. On the other hand, you are instrument rated. As such, you can act as PIC, but cannot log PIC during the time in which your friend flies the plane. However, you are responsible if something happens. Your friend loses altitude control and gets a pilot deviation? Ha! Nope. YOU get a pilot deviation!

Ok, let's move on to more common situations...

Additional crew members in Single-pilot aircraft

There are other circumstances where, in a single-pilot certified aircraft, a second crew member is required, becoming effectively a two-pilot aircraft. In this situation, both pilots can log PIC. An example of becoming a required crew member is being a safety pilot for someone flying under simulated instrument conditions (i.e., wearing a view limiting device) or receiving flight instruction. These conditions are regulated under FAR 91.109.

Flight Instruction

The most common situation where you have two pilots in a single-pilot aircraft is probably flight instruction. Here is a summary of the regulation:

1. An instructor providing instruction (i.e., dual given) may also log PIC time, assuming they are aligned with FAR 1.1 and are current (that is a new requirement per FAR 61.57 where it requires currency to carry “persons”, which includes students. Prior to 2024, the regulation said “passengers” instead of persons. So, at that time (and that was a glorious time), a CFI did not have to be current to be PIC on a training flight.

2. A student receiving training ( who is current, with a valid PPL, CPL, etc.) can log PIC as sole manipulator of the controls. Because of FAR 1.1, the student only needs the appropriate “category, class, or type rating”. So, for example, all my instrument students log PIC during IFR training, whether under VFR, IFR, VMC, or IMC!

3. During an instructional flight, the CFI is expected and assumed to be PIC. This is really important. Because being an instructor holds a great deal of responsibility and authority over the operation of the flight, the CFI is expected to be the PIC during a training flight. See this NTSB docket of Strobel vs. FAA (1995) for an example with further details and reasoning. This applies regardless of who is manipulating the controls during the instructional flight (e.g., student is maneuvering, or CFI is demonstrating a maneuver), or what degree of proficiency the student has attained (i.e., doesn’t matter if the student is Chuck Yaeger. If he’s a student, the CFI is still in command). Review this interesting legal report of a dude who was deviated as a CFI for breaching the DC SFRA: Moeslein vs. FAA (2009).

4. CFIs without a medical cannot be PIC. This may be a bit beyond the purpose of this article, but a CFI can provide dual given even if they do not hold a valid medical per FAR 61.23. The caveat is that they cannot act as PIC.

Safety Pilots

A common form of time building for pilots is becoming a required crew member per FAR 91.109 as a safety pilot. That means acting as PIC by maintaining visual separation from aircraft (i.e., maintaining VFR) while another pilot flies with a view limiting device, under VFR. In this case:

1. The sole manipulator of the controls is unable to maintain VFR, but is manipulating the controls, so per FAR 61.51, they can log PIC.

2. The safety pilot becomes as a required crew member per  FAR 91.109 because the crew must be able to maintain VFR. As such, they must be able to act as PIC and can log PIC.

3. The crew must decide who is “acting” as PIC. Although both can “log” PIC, only one is the actual PIC. If you get pulled over by an FAA inspector and they ask “who was PIC?”, you cannot both answer “me!”. LOL!

4. Rules for logging PIC don’t imply logging other aspects of the flight. There’s a common question concerning logging PIC time during cross country flights. If you are building time for private, instrument, or commercial certificates, cross country flight time can only be logged if you fly more than 50 NM (straight line distance) from your point of origin and land the aircraft. As such, if you are going on a cross country flight with a friend, only the person who lands the plane can log XC time. The other can log PIC during safety pilot duties, but that’s it. See Gebhart (2009) for further details. This is different for commercial pilots who are fulfilling ATP requirements, who can log XC for any flight more than 50 NM (straight line distance) without needing to land the plane. An example is a CFI taking an instrument student on a XC flight. Even if the student lands the plane, the instructor can log both PIC and XC.

Student Pilots

If you are a student pilot, there are only two cases where you can log PIC time:

1. When you are the sole occupant of the aircraft per FAR 61.51(e)(4).

2. When you are conducting a checkride for sport, recreational, or private pilot certificates, per FAR 61.47.

Two-pilot aircraft

If you're in a two pilot certified airplane, then things are different. The ops specs will define the requirements to log PIC, and the world of Second in Command (SIC) comes into play. This topic is out of scope for this article, so let's not venture in it.... yet.

Conclusions

The role and responsiblities of PIC are not to be taken lightly. As always, there are a few grey areas, so consider consluting an aviation lawyer if your livelihood depends on it. I stress integrity with all my students. Please be careful, watch your logbook, and make sure you are ready to stand up to the mark if you are acting as PIC.