Murphy 2008 Key Clarifications

Key Conclusion

This LOI addresses multiple independent issues. Each conclusion applies only to its specific regulatory context and should not be generalized into a unified rule.

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Issue 1 — CFI Medical (when providing instruction for compensation)

Rule (CFR)

• §61.23(a)(3):
  A person exercising flight instructor privileges while acting as PIC or required crewmember must hold at least a third-class medical

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FAA Interpretation

• When a CFI is acting as PIC or required crewmember while providing instruction for compensation
  → the FAA interprets that the instructor is exercising private pilot privileges

• Therefore:
  → a third-class medical is sufficient in that condition

• If the CFI is not acting as PIC or required crewmember
  → the FAA states no pilot privileges are exercised
  → and no medical may be required in that limited scenario

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Issue 2 — Student Pilot Above Cloud Layer

Rule (CFR)

• §61.89(a)(7):
  Student pilot may not act as PIC when flight cannot be made with visual reference to the surface

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FAA Interpretation

• Operating above a scattered or broken cloud layer
  → may eliminate visual reference to the surface

• Therefore:
  → such operation would not comply with §61.89(a)(7) under those conditions

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Issue 3 — Logbook Definition

Rule (CFR)

• §61.189(a):
  Instructor must sign the student’s logbook

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FAA Interpretation

• “Logbook” is not limited to a physical book
• Any record that allows FAA to determine training and experience may be acceptable

→ Compliance depends on record content, not format

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Issue 4 — Introductory Flight vs Commercial Operation

Rule (CFR)

• §119.1:
  Carriage of persons for compensation or hire requires certification unless an exception applies

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FAA Interpretation

• If a flight involves actual instruction
  → it may fall under the instructional exception

• If a flight involves no instruction (e.g., sightseeing intent)
  → it may be treated as carriage of persons for compensation or hire

→ Classification depends on purpose and conduct of the flight, not labeling. If flight insruction involved, then the CFI on board requires a 3rd medical, if no, then 2nd medical is required.

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Issue 5 — Shoulder Harness Requirement

Rule (CFR)

• §91.107(a)(3): restraint during surface movement
• §91.105(b): governs required crewmembers

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FAA Interpretation

• Required crewmembers are governed by §91.105
• §91.107(a)(3) does not apply to them in this context

→ Shoulder harness is not required during taxi under §91.105

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One-Sentence Summary

Each conclusion in this interpretation applies only within its specific regulatory context and should not be generalized across different issues.

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Reference

• Legal Interpretations - Murphy_2008_Legal_Interpretation