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Legal aspect of giving flight controls to a PAX...

Last week I was flying with a colleague on a short VFR flight. He is a keen software developer with an interest in aviation.
During the flight, I told him he could have a try at the controls.
He was doing quite well, flying the aircraft at a safe altitude, and was enjoying it.
When we got near our destination, I took over the controls, descended and landed.

I’ve recorded the flight with a GoPro and compiled a short video from it.
In the video you can see the PAX at the controls.

Yesterday I had a discussion with a fellow pilot who warned me that I should not give control to a passenger, and certainly not publish a video from it.
My view is that I am the PIC, and if I give the controls to a PAX, I am still responsible.
I compared it with switching on the autopilot: Even though I am not with my hands on the controls, I’m still in control and need to monitor the AP.

Then there is the aspect that as a PIC you can (and should) use your PAX as a resource: Handing over the map, tuning in a frequency on the radio, etc.
Flying the aircraft is just another task which could be a handed over to a PAX..

What’s your view on this? Is there a legal aspect that I need to be aware of?

Last Edited by lenthamen at 12 Jun 10:03

I share your vision even I am not a legal person so don´t take it for granted. I am the PIC so whatever happens on board the aircraft is my responsiblity.

LKKU, LKTB

Of course almost every experienced pilot does it – but I would only publish the video to friends. AFAIK it is clearly illegal.

On what base is it illegal, @Flyer59 ?

I think it’s paragraph 4 in german air law, but no time to check at the moment. But I remember that everyone who controls an airplane has to have a licence.

I think the UK ANO is reasonably clear on this:

Subject to paragraph (2), a person must not act as a pilot of an EASA aircraft
that is registered in the United Kingdom without holding an appropriate licence
granted, converted or rendered valid under the EASA Aircrew Regulation.

A person may act as a pilot of an EASA aircraft without holding an appropriate
licence granted, converted or rendered valid under the EASA Aircrew
Regulation when undergoing flying training, including solo flying training
authorised and supervised by a flight instructor, in accordance with the EASA
Aircrew Regulation as amended from time to time.

One could argue about the definition of Pilot – but IMO the intent of that law is pretty clear.

Of course, if a hypothetical passenger…

Last Edited by jwoolard at 12 Jun 11:41
EGEO

everyone who controls an airplane has to have a licence.

That would prevent PPL training, and “trial lessons”.

Administrator
Shoreham EGKA, United Kingdom

I’m not sure that is entirely clear. I’ll confess I’ve let people manipulate the controls. I’m pretty sure neither I nor they considered themselves to have piloted a plane.

Indeed, the insurance agreement I signed specifically stated that I wasn’t to let untrained pilots manipulate the controls during take-offs or the landing/approach.

I’ll confess I’ve let people manipulate the controls.

No need to confess IMHO. At most, those who don’t let people handle the controls (for fear of doing something illegal) should “confess”, for contributing to the death of GA.

Mainz (EDFZ) & Egelsbach (EDFE), Germany

Exactly.

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