According to a December 14, 2011 Legal Interpretation, yes. The FAA was presented with a scenario in which Pilot A and Pilot B both hold airplane single engine land private pilot certificates. They fly a cross-country trip together in a single engine land airplane. The flight is conducted in IMC under an IFR flight plan filed by Pilot A, who is instrument rated, while Pilot B is not. Although Pilot A acts as the actual PIC for the entire flight, for a half-hour leg of the flight during IMC, Pilot B is the sole manipulator of the controls. The FAA was then asked the question “whether Pilot B can log actual instrument and PIC flight time for the portion of the flight during which Pilot B was the sole manipulator of the controls.”
The Interpretation initially noted that for the purpose of logging PIC time under § 61.51(e), a pilot must hold ratings for the aircraft (category, class and type, if a type rating is required) rather than for the conditions of flight. It then concluded that even though Pilot B was not instrument rated and the flight was conducted in IMC, Pilot B could log PIC flight time for the portion of the flight during which Pilot B was the sole manipulator of the controls since he was properly rated in the aircraft. The FAA went on to note that Pilot B could also log actual instrument time for the portion of the flight during which Pilot B was the sole manipulator of the controls under FAR 61.51(g)(1).
Next, the Interpretation addressed the logging of flight time by Pilot A. According to FAR 61.51 (e)(1)(iii), a pilot acting as PIC may only log PIC time if more than one pilot is required under the aircraft’s type certificate or the regulations under which the flight is conducted. Since only one pilot was required for the flight in the scenario presented to the FAA, the Interpretation concluded that Pilot A could not log PIC time for the portion of the flight during which Pilot B was the sole manipulator of the controls. The FAA reached this conclusion in spite of the fact that Pilot B could not act as PIC (no instrument rating) and Pilot B was not a required flight crewmember for any portion of the flight under the aircraft’s type certificate or the regulations under which the flight was conducted.
What can we learn from this Interpretation? For starters, the regulations distinguish between “acting” as PIC and “logging flight time” as PIC. So, it is possible that by “acting” as PIC you can have the responsibility of a PIC, along with the potential liability, but you can’t log that flight time as PIC. Doesn’t seem fair, but that’s what the regulations provide.
