Edit done.
I don’t know what the problem with gmail is. EuroGA generates a relatively small number of notifications but obviously they all look similar i.e. machine-generated. The Pushover problem is something else…
Thank you Peter.
I would like to add the following sentence at the end of my original question, so that folks who are looking for a quick answer can read it and move on. Maybe wait a few days to see if anybody strongly disagrees with the conclusions I’m drawing and then drop it in there.
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Edit: the answer appears to be that the safety pilot must have either an FAA private pilot certificate or greater (as per 14 CFR 91.109c(1)), or a private pilot license issued by the (ICAO) country in which the flight is being performed (as per 14 CFR 61.3).
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PS. Sorry, I had again missed your email. I had briefly managed to get Pushover to work, despite my gmail not receiving any post notifications. Then I thought I’d change my email address to a non-gmail address to see if I could get the email notifications too and I’m afraid I broke it. :-/. At this point I’m inclined to change my email back to my gmail address and rely on Pushover notifications.
There is a 2hr edit window, after which the Edit button disappears. If you email me the desired changes, or complete new text, I am happy to drop them in for you.
However if you just post an update, anyone reading the thread will see it. This is normal – it is how debates evolve 
Peter wrote:
If you edit your post now you will see what I did with the quote.
I hate to ask this type of “web support” question but I’ve been desperately trying to find how to edit one of my posts (so that I can correct some of the mis-information I posted) to no avail. How does one do it?
@NCYankee, yes it seems that you are correct. Thanks for spotting that.
It’s easy to misread the regs if one is not careful: in fact (contrary to what I wrote) 91.1 does not say that part 91 does not apply outside the US, it says that part 91 (mostly) concerns aircraft which are operating in the US:
§91.1
a) Except as provided in paragraphs (b), (c), (e), and (f) of this section and §§ 91.701 and 91.703, this part prescribes rules governing the operation of aircraft within the United States, including the waters within 3 nautical miles of the U.S. coast.
I think the pilot has to hold a US certificate to be the safety pilot, but it may be a 61.75 piggy back certificate. The exception is that a pilot license with at least private pilot privileges issued by the country in which the flight is conducted may also be used. The rational from the regulations is:
This wording in 91.703 indicates that part 91 applies to operations outside the US, except for the specified regulations and as long as they don’t conflict with the applicable regulations of the country.
§91.703 Operations of civil aircraft of U.S. registry outside of the United States.
(a) Each person operating a civil aircraft of U.S. registry outside of the United States shall—
(3) Except for §§91.117(a), 91.307(b), 91.309, 91.323, and 91.711, comply with this part so far as it is not inconsistent with applicable regulations of the foreign country where the aircraft is operated or Annex 2 of the Convention on International Civil Aviation;
So since 91.109 applies, this is relevant:
Sec. 91.109 Flight instruction; Simulated instrument flight and certain flight tests.
(c) No person may operate a civil aircraft in simulated instrument flight unless—
(1) The other control seat is occupied by a safety pilot who possesses at least a private pilot certificate with category and class ratings appropriate to the aircraft being flown.
A “private pilot certificate with category and class ratings” in this regulation only applies to a US pilot certificate and by the regulation is a required crew member.
Part 61.3 defines required certificates and includes this wording:
§61.3 Requirement for certificates, ratings, and authorizations.
(a) Required pilot certificate for operating a civil aircraft of the United States. No person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person:
(1) Has in the person’s physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization—
(v) When operating an aircraft within a foreign country, a pilot license issued by that country may be used.
This says that when operating in a foreign country, the pilot license issued in that country may be used instead of the required certificate. It is not limited to acting as pilot in command as it includes the following wording “no person may serve as a required flight crew member” which covers the safety pilot.
Simplest way to quote is to copy and paste the desired text, with bq. (3 chars) in front of it. There needs to be a blank line (or nothing) before the bq. and a blank line below it. If you edit your post now you will see what I did with the quote.
@Peter wrote
Part 91 must apply outside the US since it is the maintenance standard for most smaller N-regs.
Yes, as soon as I posted this I realized what I wrote can’t be true. In fact subpart E regarding maintenance states specifically (91.401) that it applies inside and outside the US. However subpart B which inlcudes 91.169 does not apply outside the US.
I’ll check out the links you posted. Also wondering if there is a compatible app that makes posting and especially quoting replies easier from an iPhone – this is the best I could do today.
@cactus1549 many thanks for coming back on this. Regarding notifications not being received, I am not sure pushover will be any better. I suggest looking at this and this. Gmail is really bad for dumping emails, but only a % of people find that.
Part 91 must apply outside the US since it is the maintenance standard for most smaller N-regs.
Ok, I’m sorry for posting the question and then disappearing for six months!
I’ve had a few issues with the EuroGA forum: for some reason I do not receive any notifications when new posts appear in the thread I started, even though I believe I set this up. I’m now trying Pushover to see if it works better. I’ve also a few personal and family challenges: my newborn daughter has kept my wife and I from sleeping and I also decided in June to do an intensive CFI prep course and actually went to the US last month and passed my CFI! While I was there I decided to sit an IPC and hence renewed my IR currency.
So thank you everyone for the replies and contributions, in particular @Qalupalik, @bookworm, @Fuji_Abound and @Peter. Summarizing what I learnt,
1. in relation to my original question: the short answer is that there is no requirement for the safety pilot to possess an FAA certificate. The reasoning is as follows:
a) 91.109(c)1 is not relevant because part 91 only applies if the aircraft is being flown within the US (14 CFR 91.1).
b) 61.57(c) says nothing about the safety pilot needing to possess an FAA certificate.
c) (this is not an FAA requirement but I’m including it here for completeness) since the operation is being flown outside the US, one can assume that, at a minimum, ICAO Annex 2, 3.2.4 ( local copy ) will need to be complied with, and this says that the safety pilot needs to be a “qualified pilot” (and that dual controls must be installed in the aircraft).
d) Note that even if the aircraft is N-registered (the only case in which the FAA has jurisdiction, since we are outside the US), the PIC can substitute an FAA certificate with a local license issued by the country in which the aircraft is being flown (14 CFR 61.3). Since the PIC can do this, it would seem reasonable to assume that the safety pilot can do the same.
2. In relation to other matters
a) i learnt that (as far as the FAA is concerned), I can instruct students in any aircraft (which is defined in 14 CFR 1.1, as “any device which is used or intended to be used for flight in the air”) in which I am capable of being PIC. This includes just about anything that flies, so for instance the Italian-registed ultralight I normally fly. Any such training will count towards an FAA certificate, so essentially one can get an FAA PPL in Europe on a non-certificated airplane. Similarly I can give BFRs in such an aircraft. This now seems obvious to me, but I mention it because it did not seem obvious before I studied for and sat for my CFI. Obviously I would have to follow the Italian rules etc (I am currently in the process of attempting to convert my FAA CFI into an instructor certificate for ultralights in Italy – not really expecting many FAA PPL students but it would be nice to be able to instruct students going for their Italian ultralight licences)
b) there was an interesting points (@Fuji_Abound #07) raised regarding who is PIC in operations with more than one qualified pilot aboard (see here local copy )
c) another interesting point was raised by @bookworm (#16) regarding IFR alternates as specified in 91.169. In my understanding part 91 is simply not applicable outside the US by virtue of 91.1. I’m not sure where that leaves one when it comes to alternate minima outside the US.
