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Are You Current/Legal To Carry Passengers?

By Reigel & Associates, Ltd.

If you fly a variety of aircraft, you may think you are current/legal to carry passengers when, perhaps, you really are not. One of my clients recently had to deal with this very issue. To determine whether you are current/legal to carry passengers, you first need to start with FAR 61.57 which provides that an airman may not act as a pilot in command of an aircraft carrying passengers unless (1) the airman has made at least three takeoffs and three landings within the preceding 90 days; (2) the airman acted as the sole manipulator of the flight controls for the takeoffs and landings; and (3) the takeoffs and landings were performed in an aircraft of the same category, class, and type (if a type rating is required). For an airman flying multiple classes of aircraft (single-engine land, multi-engine land etc.) or "type" aircraft, it is this last requirement that sometimes causes problems.

In order to be current/legal for carrying passengers, the required takeoffs and landings must have been performed in the same class or type aircraft as the aircraft in which you will be carrying passengers. That is, if you will be carrying passengers in a single-engine land aircraft, three takeoffs and landings in a multi-engine land aircraft within the last 90 days will not cut it. The takeoffs and landings must have been performed in a single-engine land aircraft if you want to carry passengers in a single-engine land aircraft. Similarly, if you want to carry passengers in an aircraft that requires you to have a type certificate in order to operate that aircraft, you will need to have logged three takeoffs and landings in that type aircraft in order to be current/legal to carry passengers in that aircraft.

If you fly a variety of aircraft and carry passengers, you need to pay particular attention to make sure your takeoffs and landings match up with the class of aircraft in which you will be carrying passengers. If they don't match, you could be exposing yourself to enforcement action if the FAA ever finds out and could risk insurance coverage if an accident or incident occurs during a flight in which you thought you were current when, in fact, you really were not.

Full post as published by Aviation Law Discussions on September 04, 2008 (boomark / email).