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Who’s really in charge? (when two pilots on board a single-pilot operation aircraft)
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When two pilots are on board an aircraft that is type certificated for single-pilot operation who is the PIC, and who’s in charge? Depends on who’s asking and why, and it may not be as straightforward as you think.
Per 14 CFR 1.1, pilot in command means the person who: (1) Has final authority and responsibility for the operation and safety of the flight; (2) Has been designated as pilot in command before or during the flight; and (3) Holds the appropriate category, class and type rating, if appropriate, for the conduct of the flight.
In the event of an incident the FAA, insurance companies & lawyer are going to make a determination and it may not be what you'd think.
During most instructional flights, the FAA considers the CFI is the PIC even if the other pilot is fully qualified and is the sole manipulator of the controls. That doesn’t necessarily mean that the FAA will not violate the other pilot if it’s determined that he or she operated the aircraft, or they may determine both pilots at fault.
While it’s generally recommended (Part 91 ops) that pilots agree in advance as to who will be PIC on a particular flight or leg of a flight, such a determination, alone, may not clearly establish who’s in charge in the eyes of the FAA.
