After 90 day requalification check, reporter finds FAA rule that says that check pilot must be PIC a...

Attributes
ACN	149701
Time
Date	199006
Day	Sat
Place
Locale Reference	atc facility : zzz
State Reference	US
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	Widebody, Low Wing, 3 Turbojet Eng
Flight Phase	other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : flight engineer
Experience	flight time last 90 days : 0 flight time total : 9000 flight time type : 3000
ASRS Report	149701
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer observation : company check pilot
Qualification	pilot : atp
Events
Anomaly	other anomaly other
Independent Detector	other flight crewa
Resolutory Action	none taken : detected after the fact
Consequence	Other
Supplementary
Primary Problem	Ambiguous
Air Traffic Incident	other

Narrative:

Due to sick leave, I had become noncurrent because of being out for over 90 day. On return since I was past my grace month for proficiency dhk so on return to duty I completed 3 day recurrent ground school and simulator proficiency check successfully. I asked the director of training whether I needed 3 takeoffs, lndgs since I had been out for over 90 days. He said since I had over 100 hours in type all I needed was 2 legs on revenue flight with check airman which I also completed successfully. However on later reading far 121.439 (C) (2), I found that the check airman must be the PIC and occupy the pilot seat. However, in my line check the check airman occupied cockpit jumpseat and a regular line captain was the PIC. I brought this to the attention of the director of operations and the vp of operations and they feel that I am legal even though this occurred. I am worried that check could be voided due to technicality but everyone feels that since I completed lndgs successfully I am legal.

Original NASA ASRS Text

Title: AFTER 90 DAY REQUALIFICATION CHECK, REPORTER FINDS FAA RULE THAT SAYS THAT CHECK PLT MUST BE PIC AND OCCUPY PIC SEAT.

Narrative: DUE TO SICK LEAVE, I HAD BECOME NONCURRENT BECAUSE OF BEING OUT FOR OVER 90 DAY. ON RETURN SINCE I WAS PAST MY GRACE MONTH FOR PROFICIENCY DHK SO ON RETURN TO DUTY I COMPLETED 3 DAY RECURRENT GND SCHOOL AND SIMULATOR PROFICIENCY CHK SUCCESSFULLY. I ASKED THE DIRECTOR OF TRNING WHETHER I NEEDED 3 TKOFS, LNDGS SINCE I HAD BEEN OUT FOR OVER 90 DAYS. HE SAID SINCE I HAD OVER 100 HRS IN TYPE ALL I NEEDED WAS 2 LEGS ON REVENUE FLT WITH CHK AIRMAN WHICH I ALSO COMPLETED SUCCESSFULLY. HOWEVER ON LATER READING FAR 121.439 (C) (2), I FOUND THAT THE CHK AIRMAN MUST BE THE PIC AND OCCUPY THE PLT SEAT. HOWEVER, IN MY LINE CHK THE CHK AIRMAN OCCUPIED COCKPIT JUMPSEAT AND A REGULAR LINE CAPT WAS THE PIC. I BROUGHT THIS TO THE ATTN OF THE DIRECTOR OF OPS AND THE VP OF OPS AND THEY FEEL THAT I AM LEGAL EVEN THOUGH THIS OCCURRED. I AM WORRIED THAT CHK COULD BE VOIDED DUE TO TECHNICALITY BUT EVERYONE FEELS THAT SINCE I COMPLETED LNDGS SUCCESSFULLY I AM LEGAL.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.

After 90 day requalification check, reporter finds FAA rule that says that check pilot must be PIC and occupy PIC seat.