Does an instructor have to be § 61.57 passenger current to instruct?
The answer has changed…
It used to be that a student was not considered a passenger and neither was the instructor when both were on a training flight. Various letters of interpretation (Kortokrax 2006, Olshock 2007 & Schaffner 2014) said the passenger currency requirements of § 61.57 (a & b) did not apply. But in July of 2023 the FAA changed it’s mind and rescinded (cancelled) these letters of interpretation.
[The] Legal Interpretation was based on the unsupported conclusion that a flight instructor and a person receiving flight training are not considered passengers to one another. Therefore, [the] Legal Interpretation is no longer valid and may not be relied upon for any purpose
The FAA’s Office of Chief Council
Three Letters of Interpretation Rescinded
But it took just over a year (August 2024) for memorandums to be put out by the FAA’s Office of Chief Council. So now the changes will come up in a Letter of Interpretation searches for “61.57 Instructor”, etc. So it has not been widely known that the passenger currency rules had changed for over a year [instructors quickly looks back at their logbooks the past year]…
Is the Student PIC Qualified & PAX Current?
If a student is already qualified to act as Pilot in Command (PIC) and is passenger current, then the instructor does not need to be passenger current (but should get current on that training flight!). But if the student is just a ‘student pilot‘ or not qualified in the aircraft to act as PIC for other reasons, or not passenger current, then the instructor must be current before the student can fly with that instructor.
Sole Manipulator of the Flight Controls
The person acted as the sole manipulator of the flight controls…
Logging takeoff and landings per § 61.57
The changes make it critical instructors accurately log their takeoff and landings and that they were the “sole manipulator of the flight controls” at the time. Because although instructors can log cross-country time, night time and even instrument time (if in actual IMC) while instructing and not on the controls, the regulations (§ 61.57) and a letter of interpretation (Collins, 2014) makes it clear the instructor must be the “sole manipulator of the flight controls” to log takeoff and landing for passenger currency.
SFAR 73 Passenger Currency
If you train or instruct in an Robinson R22 or R44 it gets worse because of the very specific requirements SFAR 73. SFAR 73 recently had some big changes, but it still states you must be current in the R22 to act as PIC in the R22 and current in the R44 to act PIC in the R44. This is probably not a problem for an instructor training in the daytime at a busy flight school, but night currency must also be model-specific.
For example – if an instructor has not done a night flight in the R44 in the past 90 days, and a student wants to do a night* instrument flight (a great experience by the way!) the instructor would have to do 3 night* takeoff and landings on his/her own in the R44 first.
* the period beginning 1 hour after sunset and ending 1 hour before sunrise.
Night definition for passenger currency 14 CFR 61.57(b)(1).
So, make sure as an instructor you are regularly demonstrating and logging your day and night landings, especially in the R22 & R44.
DISCLAIMER – make sure you are fully informed on the latest regulations and their application.
For official guidance on laws and regulations, refer to your Certified Flight Instructor (CFI) or local Flight Standards District Office (FSDO) . Helicopter Training Videos aims to promote aviation knowledge and safety but makes no guarantees regarding accuracy or legal applications.
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