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18 Answers

Does a CFI who is teaching for money need a Class 2 medical?

Asked by: 36394 views , ,
FAA Regulations, Flight Instructor

Does a CFI who is teaching for money [like most] need a Class 2 medical? I was always under the impression that a CFI only needs a Class 3 because that's the requirement.. However, the CFI cert says requires commercial certificate blah blah and if you are indeed making a profit... See where I am going with this?

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18 Answers



  1. Bill Trussell on Feb 08, 2012

    This is a topic that has been well covered by the FAA and others. In summary, and instructor needs no medical to instruct for compensation so long as he/she is not required to act as PIC during the instruction.  In  the case of acting as PIC only a 3rd class medical is required.
    A 2nd class medical is only required when excercising Commercial pilot rights and responsibilities for compensation or hire.  The FAA has determined that the provision of instruction is not flying for compensation or hire as the instruction is the service being provided.

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  2. Micah on Feb 08, 2012

    I’m not sure all FSDOs are on the same page regarding this issue. 

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  3. Nathan Parker on Feb 08, 2012

    The FAA’s position is that a flight instructor is being paid to teach, not to fly, hence no second class medical is needed.  The money issue is not relevant, since flight time itself is considered compensation.  Many Part 141 flight schools, however, require that the flight instructor have a second class medical.
     
    I would be very surprised if any FSDO had a different opinion, not that it matters if they did, since they’d be easily proved wrong:
     
    § 61.23   Medical certificates: Requirement and duration.
    (a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this section, a person—
    […]
    (3) Must hold at least a third-class medical certificate—
    […]
    (iv) When exercising the privileges of a flight instructor certificate and acting as the pilot in command;

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  4. Micah on Feb 08, 2012

    Nathan, the argument I’ve heard against that is:
    To exercise the privileges of the flight instructor certificate: 3rd class medical
    To receive compensation you are exercising the privileges of your commercial certificate: 2nd class medical
     
    I’m not arguing for one or the other, but 61.23 is not obviously clear in either direction. 

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  5. Nathan Parker on Feb 08, 2012

    “To receive compensation you are exercising the privileges”
     
    An instructor is ALWAYS receiving compensation (either money or flight time), so 61.23 would be moot if that were any issue at all.  But it isn’t necessary to reason one’s way though the regulations;  the FAA has made its position explicit on this over the years and no inspector or examiner should find it ambiguous.
     
    FAA Legal Interpretations:
     
    http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc200/interpretations/data/interps/2008/Murphy.pdf
     
    http://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc200/interpretations/data/interps/1995/Fretwell.rtf

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  6. Micah on Feb 08, 2012

    Nathan, thanks for both links. I still don’t think that 61.23 is self-evident regarding this (the two interpretations could also be evidence) but the relevant section appears to be this:
     
    “The preamble to this final rule explains that because the compensation received by a CFI acting as PIC or as required flight crewmember is for the flight instruction, and not for the carriage of persons or property, the flight instructor is exercising the privileges of a private pilot and must hold only a third-class medical certificate.”  

    Even though the FAA interpretations appear consistent, this still seems problematic. As I read the Murphy interpretation, it suggests that a flight instructor receives compensation under the CFI certificate but exercises privileges of the private pilot certificate. The Lincoln letter regarding compensation suggests that the FAA regards flight time always as compensation, regardless of the circumstances; how then does the FAA resolve the private pilot compensation of flight time and money vs. the CFI compensation of flight time and money? (I ask rhetorically, though I appreciate any explanations or suggestions.) It appears that this is strictly forbidden for the private pilot, but for the CFI (who must hold a commercial certificate) it is allowable under the (apparently non-existent) privileges of the private certificate.
     
     

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  7. Micah on Feb 08, 2012

    A side question (though I think relevant) is there any compendium of FAA chief counsel interpretations? In all of my training, it was never suggested to me to study (or even once to read) the interpretations but only the regulations. Granted, that’s at least 90% sufficient, but maybe it would be useful for an annual update from the chief counsel. I don’t think I’m going to browse the FAA website to download and read all of the counsel letters.

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  8. Nathan Parker on Feb 08, 2012

    The Fretwell interpretation points out that the CFI is being compensated for the instruction, not the flying.  The private pilot part of his split personality presumably gets nothing.  😉
     
    Bogus reasoning?  Sure.  The General Counsel’s office could probably just as easily found grounds to demand a Second Class medical for flight instructing.  I suspect FAA management wanted a rationale to be found for a Third Class and so one was found.  I wouldn’t spend too much time trying to make the ruling make sense.
     
    Most students aren’t taught to study the interpretations probably because most instructors aren’t even aware they exist, nor what knowledge is contained in them.  And, prior to the Internet, most pilots didn’t have ready access to them.  (I had them on CD-ROM pre-Internet.)  I agree that the FAA should make some effort to educate pilots about their content, since so many of the practical implications of the regulations are found only there.

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  9. Wes Beard on Feb 09, 2012

    I’m surprised no one has mentioned §61.23(b)(5).  It plainly states that a CFI does not have to hold a medical except when acting as the pilot in command or a required crew member.
     
    (b) Operations not requiring a medical certificate. A person is not required to hold a medical certificate— (5) When exercising the privileges of a flight instructor certificate if the person is not acting as pilot in command or serving as a required pilot flight crewmember; 
     
     
    If you are acting as the pilot in command then you are also performing the duties of a private pilot and hence you will need a 3rd class medical.
     
    A required crew member is only possible by type certification design or by the regulations one is flying under.  For example, a multi-crew airplane by design (B-747) or the safety pilot regulation (§91.109).  Part 121 and Part 135 have their own requirements to have a second pilot when the autopilot is not operational (or not approved for use) on a IFR flight.

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  10. Derek Schwalenberg on Feb 09, 2012

    I don’t know of any CFI’s that have a Private Pilot certificate.. Although I suppose you can use a commercial certificate to act as a PP but not sure how that would apply with Flight Instruction.. And a CFI being PIC for logging and acting as PIC are two seperate things too right? The CFI cert says only valid whe accompanied by the commercial cert. I’m not arguing either way just throwing in a few facts and a question.

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  11. Kris Kortokrax on Feb 09, 2012

    Derek,
    Take a look at the Sport pilot world and you will find many CFIs who possess only a Sport pilot certificate.  Some may hold a Private pilot certificate.  These instructors need no medical certificate, even when acting as PIC in a Sport aircraft.  Driver’s license is sufficient.
     
    The wording on the Flight Instructor certificate doesn’t mention “Commercial certificate”.  It states “accompanied by pilot certificate no. ********”.

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  12. Derek Schwalenberg on Feb 10, 2012

    Well yes, but the certificate number it refers to must be a commercial certificate because you cannot be a CFI without getting a commercial and the commercial replaces the private certificate. Sport pilot is something else entirely although now that you bring it up.. are you sure they don’t need at least a class 3 or class 2? It does say that a Class 3 if required to be a flight instructor doesn’t really specify about sport pilot instructor or not, lol. 61.23(b) exempts sport pilot, and seperately flight instructors NOT acting as PIC but nothing about sport pilot instructiors. This is worse than American football with all the rules and exceptions..

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  13. Kris Kortokrax on Feb 10, 2012

    No, the certificate number referred to does not need to refer to a commercial certificate.
    Read 61.403(c).
    One can become a CFI without possessing a commercial certificate.
     
    Neither pilots possessing a Sport pilot certificate nor instructors possessing a Flight Instructor certificate with a Sport rating as specified in 61.5(c)(5) require a medical certificate of any class.  As I stated before, driver’s license is sufficient.
    As to your initial question, which was general in nature (not specifically addressing non Sport, airplane instruction), instructors in gliders need no medical certificate to teach for money and commercial pilots teaching in balloons need no medical certificate and no flight instructor certificate.
    There are usually exceptions to any set of rules.  It is our job to learn them.

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  14. Derek Schwalenberg on Feb 14, 2012

    Kris, maybe not for Sport Pilot but for what I meant to refer to yes you do.
     
    Sec. 61.183 — Eligibility requirements.
    To be eligible for a flight instructor certificate or rating a person must:
     
    (a) Be at least 18 years of age;
    (b) Be able to read, speak, write, and understand the English language. If the applicant is unable to meet one of these requirements due to medical reasons, then the Administrator may place such operating limitations on that applicant’s flight instructor certificate as are necessary;
    (c) Hold either a commercial pilot certificate or airline transport pilot certificate with:
    (1) An aircraft category and class rating that is appropriate to the flight instructor rating sought; and…

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  15. Kris Kortokrax on Feb 15, 2012

    On February 9, you stated that you didn’t know of any CFI’s that held a Private pilot certificate.  I provided you with information concerning that.
     
    On February 10, you stated that one could not become a CFI without possessing a Commercial certificate.  This statement is not true and I provided you with the reference.  Had you stated that one cannot become a Subpart H Flight Instructor without possessing a Commercial pilot certificate, we would have been in agreement.  Your statement was general in nature and one who reads it is not privy to your thoughts, hence cannot determine what you meant, only what you stated.
     
    In may be interesting to note that AOPA, EAA, NAFI and GAMA have recently petitioned the FAA to allow instruction given by Subpart K instructors (CFI’s with a Sport rating) to provide instruction which may be credited toward the requirements of a Recreational and Private pilot certificate.  This would mean that the potential exists for a person who only holds a Sport Pilot certificate and a CFI with a Sport rating to give instruction that will eventually be counted toward the dual required for a Private pilot certificate.
     
    Ludicrous, in my opinion.

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  16. Earl Buttle on May 01, 2012

    Derek – I was a CFII for 10 years (1998 – 2008) and here are my two cents worth:While it is true that you must have a Commercial certificate in order to become a Subpart H Flight Instructor, you do not have to hold a 2nd class medical unless you are operating as a commercial pilot.  This ambiguity exists as a carry-over from pre-1997.  The FAA amended 14 C.F.R. § 61.23 in April 1997 that changed the medical certification requirements for flight instructors – however they did not change the requirement of Subpart H that requires a commercial certificate.  You must differentiate between a commercial certificate and a 2nd class (commercial) medical.Now, let me pose this scenario to everyone:What if you, as a subpart H CFI, are charging not only for your instructional time but also for the use of your aircraft.  Are you operating commercially since you have provided the aircraft and are being compensated for it?  And if so, don’t you now need a 2nd class medical?

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  17. Mark on Mar 01, 2013

    A little-known fact is this: a pilot with a commercial certificate, and/or Class II medical, who does not have a flight operation licensed with a Part 135 certificate, is, at all times, exercising the rights and privileges of a private pilot under Part 91.

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  18. Jack on Aug 29, 2014

    Mark, that seems odd. What about a commercial pilot operating an airplane owned by a third party under part 91. If I were to be paid to ferry an aircraft, or photo missions I’d be exercising commercial privledges because a commercial certificate is required for those operations but I wouldn’t need to be a part 135 operator (or the special sightseeing operator). There’s also 91 subpart k.

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