I'm having some pretty awful CARs-blindness and I can't for the life of me find this reference. Aircraft in question is a VFR Cherokee 140.
I was under the impression that to hire an instructor at an FTU, and complete flight training on a privately registered aircraft the student has to be named on the C of R. My Dad however, seems to think it's legal as long as the student is a blood relative of someone on the C of R.
Any ideas?
Flight Training on Private Aircraft
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LifeAt90Kts
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Re: Flight Training on Private Aircraft
It's all explained in CAR 406.03.
If the instructor is from an FTU, there are no restrictions on the plane (but the FTU might not want to do it). If the plane is owned by a family member, you can use a freelance instructor.
If the instructor is from an FTU, there are no restrictions on the plane (but the FTU might not want to do it). If the plane is owned by a family member, you can use a freelance instructor.
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LifeAt90Kts
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Re: Flight Training on Private Aircraft
Yes, that was the one I was looking for, thank you!!
Re: Flight Training on Private Aircraft
406.03 (1) Subject to subsections (2) and (3), no person shall operate a flight training service in Canada using an aeroplane or helicopter in Canada unless the person holds a flight training unit operator certificate that authorizes the person to operate the service and complies with the conditions and operations specifications set out in the certificate
I think the FTU anything goes interpretation of 406.03(1) is quite liberal. An extension of that interpretation, to comply with the conditions and operations specifications, could imply that the aircraft type would need to be approved on the FTUOC. If the previous interpretation is valid then hiring a freelance instructor would be more complicated.
I've received interpretations from TC that any private aircraft training is considered by them to be freelance work regardless if it is done inside a FTU or not and then subsection (2)(b) would be your safest bet to comply. Getting your name on the registration is not that complicated of a procedure if the aircraft owner is willing to do so unless its an immediate relative like your Dad was saying then no problems. Insurance is probably more difficult to get but not by much. Here's the CAR for the rest:
(2) A person who does not hold a flight training unit operator certificate may operate a flight training service if
(b) the trainee is
(i) the owner, or a member of the family of the owner, of the aircraft used for training,
(ii) a director of a corporation that owns the aircraft used for training, and the training is other than toward obtaining a pilot permit — recreational or a private pilot licence, or
(iii) using an aircraft that has been obtained from a person who is at arm’s length from the flight instructor, and the training is other than toward obtaining a pilot permit — recreational or a private pilot licence.
I think the FTU anything goes interpretation of 406.03(1) is quite liberal. An extension of that interpretation, to comply with the conditions and operations specifications, could imply that the aircraft type would need to be approved on the FTUOC. If the previous interpretation is valid then hiring a freelance instructor would be more complicated.
I've received interpretations from TC that any private aircraft training is considered by them to be freelance work regardless if it is done inside a FTU or not and then subsection (2)(b) would be your safest bet to comply. Getting your name on the registration is not that complicated of a procedure if the aircraft owner is willing to do so unless its an immediate relative like your Dad was saying then no problems. Insurance is probably more difficult to get but not by much. Here's the CAR for the rest:
(2) A person who does not hold a flight training unit operator certificate may operate a flight training service if
(b) the trainee is
(i) the owner, or a member of the family of the owner, of the aircraft used for training,
(ii) a director of a corporation that owns the aircraft used for training, and the training is other than toward obtaining a pilot permit — recreational or a private pilot licence, or
(iii) using an aircraft that has been obtained from a person who is at arm’s length from the flight instructor, and the training is other than toward obtaining a pilot permit — recreational or a private pilot licence.
Re: Flight Training on Private Aircraft
I'm 99% sure that the aircraft in which an FTU is permitted to carry out training are strictly limited to those individually listed by registration in the FTU's paperwork.
So if an instructor provides training in any other aircraft he or she had better hold at least a class III rating, and if the student doesn't already hold a licence or permit the aircraft should be owned by them or a family member. Also the instructor should remember that any exemptions in the CARs for "training being conducted by the holder of an FTUOC" no longer apply, and the flight school insurance isn't covering them.
It would be too easy to do an end-run around their burdensome maintenance and record-keeping requirements for an FTU to be allowed to "borrow" a third-party airplane to teach PPL students.
So if an instructor provides training in any other aircraft he or she had better hold at least a class III rating, and if the student doesn't already hold a licence or permit the aircraft should be owned by them or a family member. Also the instructor should remember that any exemptions in the CARs for "training being conducted by the holder of an FTUOC" no longer apply, and the flight school insurance isn't covering them.
It would be too easy to do an end-run around their burdensome maintenance and record-keeping requirements for an FTU to be allowed to "borrow" a third-party airplane to teach PPL students.
DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
