Dear Mr. Haralson:
This letter responds to the request for a legal interpretation that you mailed to this office on
May 27,2009. Your letter seeks clarification concerning the aeronautical experience
requirements for an instrument rating under 14 C.F.R. § 61.65(d). Specifically, you have
asked whether an applicant for an instrument flight test may satisfy the required "50 hours of
cross-country flight time as pilot in command" by crediting flight time with an instructor in
actual instrument conditions during which time the applicant was the sole manipulator of the
controls. The answer is yes.
Subsection 61.51(e) permits a pilot to log pilot-in-command time during the time that he or
she is "the sole manipulator of the controls of an aircraft for which the pilot is rated [.]" As
you note, there is a distinction between logging pilot-in-command time for the purpose of
meeting aeronautical experience requirements and acting as pilot in command for the
purpose of determining who has final authority and responsibility for the operation and
safety of the flight.
Subsection 61.65(d), which governs the aeronautical experience requirements for an
instrument-airplane rating, directs that an applicant for such rating "must have logged ...
[a]t least 50 hours of cross-country flight time as pilot in command, of which 10 hours must
have been in an airplane[.]" You suggest that, because the language in § 61.65(d)(1)
requires logging "cross-country flight time as pilot in command" rather than logging "pilotin-
command flight time," a non-instrument-rated pilot operating an aircraft with an
instructor in actual instrument conditions may not use this time to satisfy the cross-country
flight time requirement even though he is the sole manipulator of the controls. In support,
you cite § 61.3(e), which provides that no person may "act as pilot in command under IFR
or in weather conditions less than the minimums prescribed for VFR flight" unless, among
other things, that person holds the appropriate instrument rating for the airplane being flown.
Although § 61.65( d)(1) refers to logging time "as pilot in command" rather than the more
frequently referenced logging "pilot-in-command time," the fundamental purpose of the
subsection is to set forth the requisite aeronautical experience for obtaining an instrument
rating rather than establishing legal responsibility for the operation of a flight. Assuming
that the required criteria for a valid cross-country flight exist and the pilot in question holds
the appropriate aircraft rating, the applicant for an instrument flight test may satisfy the
required "50 hours of cross-country flight time as pilot in command" by crediting flight time
with an instructor in actual instrument conditions during which time the applicant was the
sole manipulator of the controls. This position is consistent with an earlier interpretation,
wherein we indicated that the requirements of § 61.65( d)(1) and (d)(2) - 40 hours of actual
or simulated instrument time - may be accrued concurrently.
This response was prepared by Anne Moore, an Attorney in the Regulations Division of the
Office of the Chief Counsel and coordinated with the Certification and General Aviation
Operations Branch of Flight Standards Service. We hope this response has been helpful to
you. If you have additional questions regarding this matter, please contact us at your
convenience at (202) 267-3073.
Sincerely, Rebecca B~cPherson
Assistant Chief Counsel, Regulations Division
This is a good time of the year to remind pilots about the rules for flying over or near sports stadiums and other sporting events. Below is a summary of FDC NOTAM 9/5151, a SPECIAL NOTICE about flying over or around sporting events. The complete NOTAM is located in Part 1, Section 3, “FDC General NOTAMs,” contained in the Notices to Airmen publication at http://www.faa.gov/air_traffic/publications/notices/. Click on the PDF link on that page to go to the current edition of the publication.
Commencing one hour before the scheduled time of the event until one hour after the end of the event, all aircraft and parachute operations are prohibited within a 3 nautical mile radius up to and including 3,000 feet AGL of any stadium having a seating capacity of 30,000 or more people where either a regular or post season Major League Baseball, National Football League, or NCAA division one football game is occurring. This NOTAM also applies to NASCAR Sprint Cup, Indy car, and Champ series races, excluding qualifying and pre-race events.
Flights conducted for operational purposes of any event, stadium or venue, and broadcast coverage for the broadcast rights holder are authorized with an approved waiver. The restrictions do not apply to those aircraft authorized by and in contact with ATC for operational or safety of flight purposes, Department of Defense, law enforcement, and air ambulance flight operations.
The Federal Aviation Administration (FAA) classifies the airspace defined in this NOTAM as “National Defense Airspace.” Any person who knowingly or willfully violates the rules concerning operations in this airspace may be subject to certain criminal penalties under 49 USC 46307. Pilots who do not adhere to these procedures may be intercepted, detained, and interviewed by law enforcement and/or security personnel.
Information about waiver applications and TSA Security authorizations can be found at http://www.tsa.gov/what_we_do/tsnm/general_aviation/airspace_waivers.shtm (case sensitive -- use lower case only) or by calling TSA at 571-227-2071. Individuals may submit a request for an FAA waiver at https://waiver.c3.faa.gov.
There is an email link on the page at http://www.faa.gov/air_traffic/publications/notices/ you can use if you have any questions.
Learn the rules and procedures a DPE must follow.
On line version: http://fsims.faa.gov/wdocs/orders/8900_2.htm
PDF format: http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgOrders.nsf/0/520640fcef320b32862577a80064e471/$FILE/Order%208900_2%20chg%201.pdf