Comments on: It’s Five O’Clock Somewhere!

By: Alan Fredregill

Alan Fredregill — Wed, 10 Oct 2012 20:38:29 +0000

I understand this article was written with a lot of somebody’s tongue stuck in your cheek, but it was a cheap shot to say that “perhaps there is still some restraint left in the legal system.”

By: John

John — Mon, 08 Oct 2012 18:04:53 +0000

The determination of PIC by the FAA can be very tricky. A college friend of mine was riding in the back seat of a Piper Seminole which ended up bumping wingtips with a parked aircraft while taxiing. In the investigation that followed, he was determined by the FAA to be the PIC because as a CFII he held the highest certificate in the airplane.

The above is not hearsay, I knew this individual and the certificate action that followed. He was nowhere near the controls, and was not giving instruction, but he was found to be responsible for the incident all the same.

In the case of the two individuals in this story, I would think that having a few beers before boarding the aircraft would make it clear that he did not intend to act as PIC, but from the perspective of the FAA, neither his intent, nor his location in the aircraft may matter. In fact, given the precident I’ve seen, he could be in line for certificate action both for the crash, and for acting as PIC while intoxicated whether he ever intended to be PIC or not.

By: W. Gochnauer

W. Gochnauer — Sat, 29 Sep 2012 20:16:08 +0000

Short of knowing whose aircraft it was, or who was responsible for accessing the aircraft (Jeff’s “follow the money” concept, I’d say it was the person occupying the left seat. But the judge may need to decide by some means.
If a person flying solo is intoxicated or does not have his certificate along, does that indicate that there is no pilot in command?

By: Jeff Banks

Jeff Banks — Fri, 28 Sep 2012 17:36:43 +0000

Follow the money. Did the private pilot rent or own the aircraft. Did the commercial pilot receive any compensation?
If the private pilot bought the commercial pilot his beer, is that compensation in kind?

When I’m a passenger, I usually leave my pilots certificate in the glovebox of my car as I cannot exercise my privileges without them in the aircraft. (Not tested in court, however it shows my intent.)