SkyHog
Touchdown! Greaser!
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Everything Offends Me
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Leslie and I deal with the question just about every flight. We try to switch off on the legs, and PIC sits left seat, especially since neither of us has much (any) experience right seat.I'm curious about this, and I didn't want to hijack the other thread. I see this mentioned by quite a few people, and I've never actually had this conversation. What is the best way to go about having this discussion and coming to a comfortable answer. I'd like to see how everyone does this.
It seems that a blunt "I'm PIC, back off" would probably only guarantee that you'll not fly with that person again, while a "Do you mind if I'm PIC for this leg" will probably not instill the belief that you are PIC when the poop hits the fan.
What say y'all?
Except for when we're doing safety pilot work, for us logging generally = acting. See my edit above for when we're flying with others.Is this just for who is logging, or who is acting? And in all honesty, do you guys think there would be any grapple for control should something break?
Logging is governed by different rules (principally 61.51). Since there are times the PIC cannot log PIC time, times the non-PIC can, and times both can, that's an entirely separate issue from deciding who has "final authority and responsibility for the operation and safety of the flight." By the rules, the PIC can occupy any control seat ("unless the absence is necessary to perform duties in connection with the operation of the aircraft or in connection with physiological needs" -- 91.105(a)(1)), so left/right is a convention, not a rule.Is this just for who is logging, or who is acting?
The worst scenario came when a passenger phoned Hubby to ask whether he could come along on one of my flights. We agreed he could come. Then he made such a fuss about seating that I became quite angry, then made the decision that Hubby should fly because it had gotten out of hand. But, I have never agreed again to have that passenger aboard when I fly.
Personally If I fly with someone else (Not my plane) I fly in the right seat. I have no problem with this. I tell them right off if I say "My plane" you have to relinquish controls. Otherwise I will not go along. To me it is simple I do not trust anyone. When I was first learning I flew with others and some of the mistakes that they made instilled this in me. A CFII that I used to fly with has crashed twice (Pilot error). I do not come off as the worlds best pilot because I know that I am not, but if I am going to die I want it to be my fault. It may seem rude at first but once you let them know that it is a personal thing and has nothing to do with their piloting skills they understand.
Dan
Personally If I fly with someone else (Not my plane) I fly in the right seat. I have no problem with this. I tell them right off if I say "My plane" you have to relinquish controls. Otherwise I will not go along. To me it is simple I do not trust anyone. When I was first learning I flew with others and some of the mistakes that they made instilled this in me. A CFII that I used to fly with has crashed twice (Pilot error). I do not come off as the worlds best pilot because I know that I am not, but if I am going to die I want it to be my fault. It may seem rude at first but once you let them know that it is a personal thing and has nothing to do with their piloting skills they understand.
Dan
Dan, I'd be surprised if any experienced pilots would agree to this, I certainly wouldn't. There's just no way I'm going to relenquish control unless I feel that's in my best interest. First of all, without factoring in the difference between our general experience I can't see how you could expect to have the same familiarity with my airplanes that I do. AFaIK you don't even have a multi engine or instrument rating so even if I agreed to let you take over, I'd still be legally PIC and responsible for whatever you did. You also aren't covered by my insurance. IMO if you "require" that any pilot who let's you ride in their airplane to agree to allow your taking over if you feel the need, I don't think you'll be getting too many rides.
I did and I found this.Dig around for "Newberger v. Pokrass" if you want to know how that happened.
I see that the estate of Pokrass tried to partially blame Newberger but in the end Newberger was awarded the money.3. Melvin C. Newberger v. Irving M. Pokrass et al.
CCH 10 AVI 17,118 (1967) (see Gesell, 1993, pp. 72-73)
Question: Can a passenger share responsibility with the pilot in the negligent operation of an aircraft?
Facts: Melvin Newberger and Willard Pokrass were friends and often made trips together. Pokrass owned an Apache (twin) aircraft. Newberger, Pokrass, and another friend, Barbara Seely decided to fly to Eagle River, Wisconsin where Pokrass had a home near winter recreational activities. Making their way to their destination in adverse weather conditions, they had to stop at Oshkosh until the weather permitted further travel by air. They made a refueling stop at Wausaw, determining to go on to Rhinelander when the weather permitted. During the flight en route Rhinelander, Newberger, sitting beside the pilot, napped. Pokrass had mentioned he was also sleepy. Just before the aircraft crashed, Newberger woke up and warned Pokrass they were about to hit the trees. Pokrass said “I know,” but did nothing to avert the crash. The aircraft did crash and Pokrass and Seely lost their lives in the fire. Newberger survived, but was not found for 14 hours. Newberger brought a suit against the estate of Pokrass. He won the suit and was awarded pain and suffering relief as well as money for lost wages. The estate of Pokrass appealed the court’s decision. The court had determined that res ipsa loquitur applied (the thing speaks for itself). The appellants insisted that had Newberger stayed awake, he could have helped Pokrass avert the disaster. The Wisconsin Supreme Court countered the appellant’s argument by stating that Pokrass could have been found negligent in several aspects.
Outcome: The Court affirmed the lower court’s judgment and Newberger was awarded money for lost wages, and pain and suffering caused by the 14-hour ordeal in wintry conditions.
...minus a deduction for his contributory negligence (15% IIRC). As I said -- partial, not complete, responsbility. But still, Newberger was determined to have been responsible at least in part even though he was not a pilot and asleep at the time. Stuff like that gets my attention.I did and I found this.
I see that the estate of Pokrass tried to partially blame Newberger but in the end Newberger was awarded the money.
That wasn't mentioned on this site but it's a very short summary of the case. I don't know if this is common with lawsuits or not, but it does seem a little strange that Newberger would get a reduced amount based on the fact that he could have possibly prevented the accident by keeping the Pokrass awake. Still, it isn't as if the estates of Pokrass or the passenger sued Newberger for negligence and won....minus a deduction for his contributory negligence (15% IIRC).
Strange or not, that's what the jury held, and the appellate court sustained that finding -- 15% reduction in damages from Pokrass (I just checked in my law book).That wasn't mentioned on this site but it's a very short summary of the case. I don't know if this is common with lawsuits or not, but it does seem a little strange that Newberger would get a reduced amount based on the fact that he could have possibly prevented the accident by keeping the Pokrass awake. Still, it isn't as if the estates of Pokrass or the passenger sued Newberger for negligence and won.
Personally If I fly with someone else (Not my plane) I fly in the right seat. I have no problem with this. I tell them right off if I say "My plane" you have to relinquish controls. Otherwise I will not go along. To me it is simple I do not trust anyone.
Dan, I'd be surprised if any experienced pilots would agree to this, I certainly wouldn't. There's just no way I'm going to relenquish control unless I feel that's in my best interest. First of all, without factoring in the difference between our general experience I can't see how you could expect to have the same familiarity with my airplanes that I do. AFaIK you don't even have a multi engine or instrument rating so even if I agreed to let you take over, I'd still be legally PIC and responsible for whatever you did. You also aren't covered by my insurance. IMO if you "require" that any pilot who let's you ride in their airplane to agree to allow your taking over if you feel the need, I don't think you'll be getting too many rides.
Personally If I fly with someone else (Not my plane) I fly in the right seat. I have no problem with this. I tell them right off if I say "My plane" you have to relinquish controls. Otherwise I will not go along.
Dan
I here you Lance, and I have no problem not flying along. I said it was more my problem than the other pilot. I did not fly the big iron for the same reason until after I got my ticket and I only do that in reserve. I just do not relinquish control that well.
I will give you a couple of instances that give "My" reasoning.
First one I planned a whole trip to deliver a plane to AZ. I was the navigator sat right seat. All or most went well for most of the trip. towards the end a headwing slowed us down. I had us deviating around retricted airspace then around the highest mountain maybe 20 30 miles. Less than half tanks and pilot decides it would take too long and heads out over the restricted space and mountains, I now have to find a new fuel stop on the fly, the place I found ended up not being open for fuel so I had to find another no were to land and we just barely made it out of the range with min aboard.
Second one, Pilot thinks it is funny to pull up quick simulating going over something. This pilot is a very good pilot just does things that I do not agree is part of safe flying.
There is always the exception, Maybe I am just unlucky but I have not flown with someone yet that has not done something that I did not approve of.
By the way very few people can drive me around either.
Dan
Nor me.You wouldn't be going with me.
I can promise you that you do something I wouldn't be fond of. That said, we all do things different, and I will let someone else do whatever they want to their airplane.stingray said:Maybe I am just unlucky but I have not flown with someone yet that has not done something that I did not approve of.
You wouldn't be going with me.
I sure as hell wouldn't understand, if you told me that, your butt would be left on the ground. Its my airplane and you don't have to go along. Just because you may want to die at your own hands does not mean someone else does.
I think you need to look at it this way... You are not letting him fly the plane, it is his plane. He is letting you come along. If you don't want to accept his terms, don't go.I look at it like this, I am letting you fly the plane, just don't do any thing dangerous and "PIC" does not come into play.
Any pilot that goes along with that is agreeing that you are the PIC in that aircraft with all the responsibilities that come with it. I'd bet the FAA would agree as well.
If I were you I'd refuse to fly with anyone who exhibited a disregard for safety and/or regulations but as passenger I'm willing to let a pilot make mistakes (with or without my commenting depending on the pilot's feeling about that) as long as I don't feel my life is in immediate danger. In the case you mentioned when the pilot chose to enter restricted airspace without clearance as well as when he decided to "stretch" his fuel, had I been a passenger I'd probably insist that the pilot land at the nearest airport and let me out but I don't think I'd take any direct action. If he refused to comply (or improve his judgement skills) I'd still feel that forceably taking over would make a bad situation worse. BTW even if you found a pilot willing to fly you in his airplane on your terms doesn't necessarily mean that he'd actually relenquish control when you wanted to take over.
I think you need to look at it this way... You are not letting him fly the plane, it is his plane. He is letting you come along. If you don't want to accept his terms, don't go.
You hit the nail on the head. I have the responsability of the flight and that is all. You do all the flying.
Dan
Exactly.I think everyone's problem with your position is that in the post I replied to you stated that you were talking about planes that were not your own and I and I think others as you saying you were going to be the PIC in any plane you flew. If that is the case I agree with some others that you A. aren't going to be flying with me in my plane and B. you are going to miss out on some learning experiences because no matter how good and expereinced you may be you ain't the best out there and you don't have to be flying with the best to learn something and that might include some lower hour pilot that is unwilling to give up PIC just because you think you know better.
I do not think that anything was said on who's plane it was. Most of the time I am flying with someone else It is in my plane or some third party plane.
Dan
Dan said:Personally If I fly with someone else (Not my plane) I fly in the right seat.
Perhaps, but the regulation says the PIC is the final authority -- once in the air, the PIC's authority trumps the non-PIC operator's. That said, the non-PIC operator still has some responsibilities, but does not have final authority over the operation of the aircraft once airborne.If an aircraft owner is riding as a passenger in his airplane, but letting or paying someone else to fly it, that owner is still the "operator", isn't he?
Perhaps, but the regulation says the PIC is the final authority -- once in the air, the PIC's authority trumps the non-PIC operator's. That said, the non-PIC operator still has some responsibilities, but does not have final authority over the operation of the aircraft once airborne.
Have you that little faith in your flying?
I look at it like this, I am letting you fly the plane
Dan
And your latest distinction regarding the notion that as long as the other pilot performed acceptably you wouldn't need to exercise your perogative by taking over the controls (forcibly or by consensus),...
Agreed. I just don't think it's objectionable for an operator who's a pilot to insist on also being the PIC.