Can I give a BFR in my airplane?

5 Answers

1. 
   

   
   

   LTCTerry on May 22, 2020

   No.

   Now I have your attention. As instructors, I think it’s important to model things the FAA would like to see them done – FARs, Advisory Circulars, etc. The AC for flight reviews has said for now 20+ years it is not a “biennial flight review.” The preferred term is “flight review.” Biennial means “every two years, which is not the standard for a flight review. That is 24 calendar months. Perhaps it’s pedantic, but I expect people to use the right terms for other things, why not for a legal requirement to fly as well?

   (The above probably sounds snippier than I intend. I do mean it in a “fellow instructor mentor I want people to help me get better too” sort of way.)

   I am curious to hear others’ responses of the legality. I’ve known of lots of people very publicly instructing with their own aircraft; I just don’t know the details. Will your insurance let you charge money for the airplane? Even if you are only charging for fuel it’s a rental. Will your insurance let you give instruction? Will your insurance permit someone else to fly including takeoff and landing?

   I’m curious, why not let the pilot rent an airplane he’s familiar with and pay you for your time. It’s neat and clean.

   One of the rules I’ve applied in my life is “If I have to explain why I’m right, I’m still wrong.” That has kept me out of a lot of trouble in uniform and out!

   As I mentioned above, I am curious to know the answer. I’m interested in buying an aerobatic airplane and doing some instruction. Legally!

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2. 
   

   
   

   Mark Kolber on May 23, 2020

   Other than the 100 hour inspection requirement because you are being paid and providing the aircraft, assuming the aircraft is not an experimental, there is nothing from the FAA preventing you from giving and charging for a BFR*, IPC, or other instruction in it. You don’t have to “share expenses.” You are not a private pilot sharing a $100 hamburger. Nor are you a grey charter providing transportation services. You are welcome to limit the non instructional expense to fuel if you want, but nothing from the FAA preventing you from charging an aircraft rental fee either. No reason not to log the time. Sorry, other than the common ones, like CFIs are paid for instruction, not piloting, no references for you. It’s difficult to find something that isn’t there.

   But

   Your insurance company, perhaps your state of local business laws, maybe even your airport, may have restrictions, limitatons, or compliance requirements.

   (* I like the term BFR. I also like annoying semantic fusspots.)

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3. 
   

   
   

   Richard Eastman on May 23, 2020

   Whether it\’s a BFR if you learned to fly before 2018 and haven\’t cross-checked AC-61-89D, or a FR as the FAA seems to think is more appropriate — the real issue is INSURANCE.

   The FARs suggest that the Flight Instructor doing the Flight Review is NOT there to instruct. Thus, the pilot flying is the Pilot in Command.

   AC-61-98D )4.1.1) says, <> Per AC-6198D (4.4.1), the flight instructor only becomes a CFI if the PIC provides an unsatisfactory performance … and only then does the CFI log the flight as \”dual given\”. Until that entry is provided, the pilot flying is PIC.

   So the first real issue that you must deal with if you use your own airplane is whether that pilot is covered by your insurance. He/she can be a \”named pilot\” or can be protected under your insurance policy if he/she has \”x\” number of hours or \”y\” number of hours in the same type of aircraft. Check your insurance policy, as those conditions change depending on the insurance company and your insurance.

   As for legality, I\’m not an aviation attorney. However, the flight review is NOT an instructional act on the part of the CFI. He is not charging money to teach. The CFI is evaluating the flight capabilities of the PIC against a set of semi-defined criteria that meet FAA guidelines for the Flight Review.

   Thus, it would seem that you could make any kind of arrangement you wanted for him to use your airplane — be it for the Flight Review or to fly north/east/south/or west to see his/her family or visit friends. The issue is between you and your insurance company … and that individual. The fact that you subsequently provide him with a Flight Review (perhaps as a checkout required for insurance coverage, etc.) … for which he pays you the \”going rate\” for flight reviews does not seem to be an issue — because you are not \”instructing\” for money.

   All that said, (1) talk with your insurance company re: what coverage you would need and (2) cross-check the guideline given above with an aviation attorney.

   MOO (my opinion only)
   // Richard Eastman

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4. 
   

   
   

   Mark Kolber on May 24, 2020

   “However, the flight review is NOT an instructional act on the part of the CFI.”

   61.56: “a flight review consists of a minimum of 1 hour of flight training and 1 hour of ground training.”

   That aside, I’m not sure why someone would think providing a flight review or IPC is not “acting as an authorized instructor,” the FAA’s term for what instructors do.

   +2 Votes 2 Votes  0 Votes

5. 
   

   
   

   Jeff Baum on May 25, 2020

   Chad – I may, and have, conducted a few Flight Reviews and CFI spin certification in my personal airplane. My insurance does allow for “occasional” Dual instruction, but the pilot must meet the “Open Pilot” clause requirements. I may charge for my time. I do not charge for the use of my aircraft (local tax laws involved), but I could as far as the FAA is concerned. The insurance is usually the more constraining issue.

   Richard said, “AC-61-98D )4.1.1) says, Per AC-6198D (4.4.1), the flight instructor only becomes a CFI if the PIC provides an unsatisfactory performance … and only then does the CFI log the flight as \”dual given\”. Until that entry is provided, the pilot flying is PIC.“

   Umm… I don’t read that in the AC. There’s a lot of good information, but I see no statement that a CFI only “becomes a CFI if the PIC provides an unsatisfactory performance.” IF the PIC’s performance is unsatisfactory then the CFI (whom is a CFI throughout the FR) logs the flight portion as a training flight, what was covered and as as both “PIC” and “Dual Received” without an endorsement for a satisfactorily completed Flight Review. The point is there is no “Failure” of a FR entry in a logbook. IF the PIC satisfactorily completes the FR, then a Flight Review endorsement is entered into their flight record (logbook for us old guys) and the flight is logged as “PIC” and “Dual Received”.

   Under 61.51 e “Logging Pilot in Command” is the following….
   “(3) A certificated flight instructor may log pilot in command flight time for all flight time while serving as the authorized instructor in an operation if the instructor is rated to act as pilot in command of that aircraft.“
   Acting as a CFI during a Flight Review is an “operation” for which a CFI is required.
   Under the same section is the following…
   “ (c), when the pilot is the sole manipulator of the controls of an aircraft for which the pilot is rated, or has sport pilot privileges for that category and class of aircraft, if the aircraft class rating is appropriate;”
   This is the regulation which allows a Certificated pilot to log PIC during a Flight Review and the CFI to log PIC as well.

   All of my flight time acting as a CFI is logged as PIC regardless of the type of instruction. I may not touch a flight control for the entire flight, but per 61.51 I log PIC for myself, and both PIC and Dual Received for the certificated pilot with whom I am working.

   While riding with a friend, I log nothing as I am neither handling the controls (sole manipulator) nor providing any instruction (CFI). I’m just an annoying backseat pilot.

   When I work as a DPE, I log NO time as I am a “passenger” who is evaluating the applicant for a new certificate/rating. They are the PIC for that flight. I act as an examiner, not as an instructor. I am to evaluate only and can provide no instruction during the test.
   61.47 “(b) The examiner is not the pilot in command of the aircraft during the practical test…”
   And 61.47 “(c) Notwithstanding the type of aircraft used during the practical test, the applicant and the examiner (and any other occupants authorized to be on board by the examiner) are not subject to the requirements or limitations for the carriage of passengers that are specified in this chapter.” This is how an Applicant for a new certificate/rating may ACT as the PIC during a Practical Test.

   Logging PIC can be rather confusing as “Acting as PIC” and “Logging PIC” are not the same. Two friends taking turns with the flight controls may each log PIC for the time as “sole manipulator”, even though one reminds the “Acting PIC”. The Acting PIC gets to answer all of the questions if something happens.

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