Pilot in Command on a BFR
Jim, a CFI, wrote in asking:
Who is pilot in command during a BFR? The CFI or the pilot who is taking the review? Here’s why I ask: many private pilots are in the habit of letting their BFR lapse before coming to me for a BFR. My attitude has been that if you let your BFR lapse, then I am PIC; and as such, I assume full responsibility for the flight.
Absolutely Jim, if you are giving a BFR to a pilot who has let their BFR lapse you are the legal PIC for the flight. According to § 61.56 (c)(1) & (2): “…no person may act as pilot in command of an aircraft” unless that person has accomplished a flight review within the preceding 24 moths and received the appropriate logbook endorsement from an authorized instructor who gave the review. So yes, that pilot may not act as pilot in command during the flight review. Only after having received the flight review and the appropriate endorsement in their logbook may that pilot act again as PIC. Now, that person could still log the time as PIC under “the sole manipulator of the controls” provision, but as the CFI, you are the legal and acting PIC during the entire flight review.