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Re:Passenger with “no idea how to fly” lands plane after pil... by schmookeeg on Wednesday May 11, 2022 @01:04PM (#31342788)
While I think even the colossally tone-deaf FAA wouldn't try to prosecute this guy under these circumstances, there's an odd gray area here, where a certificated pilot can deviate from any regulation to meet the need of an emergency [1] -- so I think a twist of logic would allow a non-pilot to be allowed to deviate from the "must have a pilot certificate" rules to meet his emergency the same way while acting as pilot-in-command of this plane.

Not a lawyer, am a flight instructor, I think 91.3 is how this non-pilot gets to use pilot regs to get out of pilot jail :)

[1] https://www.law.cornell.edu/cfr/text/14/91.3

Re:Passenger with “no idea how to fly” lands plane after pil... by moduspol on Wednesday May 11, 2022 @01:16PM (#31342973)
One might argue that if he's specifically following the direct instructions of the ATC, who is a licensed pilot in this case, that the ATC is "the pilot," and his allowing of a non-pilot to push the buttons on his behalf was a necessary deviation to handle the emergency and land the plane.
Re:Passenger with “no idea how to fly” lands plane after pil... by Ancapistani on Wednesday May 11, 2022 @01:45PM (#31343358)
I’m far more familiar with operation under Part 107 (sUAS, i.e., drones <50#), but this seems consistent with how the FAA has it structured.

I let kids fly my quadcopters regularly. Legally, I’m the “RPIC” - “remote pilot in command”. The fact that someone else is physical operating the controls is irrelevant. I’m responsible for the safe operation of the aircraft. Because it’s remote, there is a requirement that I be able to take immediate control of the aircraft if necessary; standing next to the person with the controller is sufficient to meet that requirement.

Re:Passenger with “no idea how to fly” lands plane after pil... by schmookeeg on Wednesday May 11, 2022 @01:27PM (#31343124)
That's an interesting twist -- I really hope nobody at the FAA gets such a wild hair to try to pin a certificate action on the ATC controller (here or ever, in any situation), but --

There is a SODA precedent for what you describe. As I understand it, a deaf pilot can get an instrument rating if they have a translator onboard to run comms for them and translate to ASL in-cockpit. So this is sort of the same situation you're contemplating, with a different chair position -- "translator" in the ATC room instead of the right seat.

I do feel the regulations allow all sorts of circuitous logic, that any "outcome" could be achieved with enough incentive. ATC is the last place on earth where I feel cooperation is the inviolate rule of the day, so I'd hate for some maverick prosecutor to throw ice water on the pilot-controller relationship in a witch-hunt for blame.

Re:Passenger with “no idea how to fly” lands plane after pil... by JasonFruit on Wednesday May 11, 2022 @01:37PM (#31343259)
If that's the case, shouldn't the controller be a Certificated Remote Pilot under Part 107 rules?
Re:Passenger with “no idea how to fly” lands plane after pil... by Ancapistani on Wednesday May 11, 2022 @01:46PM (#31343378)
Heh - I think this wouldn’t fall under 107 because the aircraft weighs more than fifty pounds.

… unless they applied for and were granted a waiver beforehand, which would raise other questions :)

Re:Passenger with “no idea how to fly” lands plane after pil... by JasonFruit on Wednesday May 11, 2022 @01:59PM (#31343565)
That should probably be done as a precaution for all aircraft. It's a win for everyone.
Re:Passenger with “no idea how to fly” lands plane after pil... by ledauphin on Wednesday May 11, 2022 @02:28PM (#31343922)
there's absolutely no way the controller qualifies as PIC for this event - to be PIC of a non-unmanned aircraft you would have to be onboard the aircraft.