But when we fly with other pilots, we too often fail to delineate responsibilities between us. There is an old joke in the aviation community: "The only thing more dangerous in the cockpit than two captains is two instructors.” This sadly holds true sometimes. So, it is important to communicate clearly and not make assumptions while flying with other pilots.
In particular, it is important to know in advance what role each pilot will play in flight. For instance, if there are two pilots, who is the Pilot-in-Command (PIC)? If there is an instructor on board, are they there as an instructor or just a passenger? Who will be responsible in the event of an emergency?
Making these determinations is not just about logging flight time. It has real implications from the standpoint of the Federal Aviation Administration (FAA) and the insurance companies. On occasion, it can lead to disaster. Therefore, it is important to have these discussions before boarding the plane and to be certain of everyone’s level of authority and responsibility.
The designated PIC might seem obvious, but you should never assume. A while back, our law firm received a call from a client who found himself in a difficult situation. The client had been invited to fly with an acquaintance who owned a plane. Our client was rated to fly that type of aircraft but assumed the owner was the PIC.
Only after they were airborne did the plane’s owner reveal that he was not rated to operate that type of aircraft. This oversight might have gone unnoticed had an incident not occurred during the flight, prompting an FAA investigation. The agency's first question was, of course, “Who was the PIC?”
You probably do not want to decide who will be the PIC after something unplanned has occurred, and you certainly don’t want the FAA or NTSB to decide for you. To avoid these types of issues, always discuss in advance who will act as PIC. Make sure the conversation is clear and direct. When possible, have the PIC fly from the designated pilot seat (usually the left seat in fixed-wing aircraft).
The obvious exception to the seating is flight instruction, in which the FAA-certified flight Instructor (CFI) is almost always considered the PIC, regardless of where they sit and whether they manipulate the flight controls. Even when the student is a fully qualified pilot logging PIC time, the FAA and National Transportation Safety Board (NTSB) default to the CFI as the PIC.
In deciding who should act as PIC, consider insurance coverage. Unless explicitly named as an approved pilot, aircraft insurance policies often include conditions before coverage attaches, such as a checkout from a CFI in the aircraft, minimum flight time in make & model, and minimum certification levels. Additionally, many advanced aircraft (even single engines) have additional requirements, such as completion of a specific training course or a minimum age (above that required by the FAA).
Non-owned aircraft policies (renter insurance) also have rules. For example, most require the insured pilot to have a legal (contractual) responsibility to pay for damage to the aircraft flown. Thus, flying with your friend in their airplane and expecting your renter insurance to cover any damage might lead to an awkward conversation later. To ensure you are covered, read the insurance policy before flying.
Above all, ensure the acting PIC is properly certified, current, and covered by the appropriate insurance. A bit of pre-flight discussion can save a lot of post-flight headache.
