Status of an Examiner Who Is Authorized by the Administrator to Conduct Practical Tests

Regulation Text

(a) An examiner represents the Administrator for the purpose of conducting practical tests for certificates and ratings issued under this part and to observe an applicant's ability to perform the areas of operation on the practical test.

(b) The examiner is not the pilot in command of the aircraft during the practical test unless the examiner agrees to act in that capacity for the flight or for a portion of the flight by prior arrangement with:

(1) The applicant; or

(2) A person who would otherwise act as pilot in command of the flight or for a portion of the flight.

(c) Notwithstanding the type of aircraft used during the practical test, the applicant and the examiner (and any other occupants authorized to be on board by the examiner) are not subject to the requirements or limitations for the carriage of passengers that are specified in this chapter.

Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40897, July 30, 1997

Research Notes

The examiner's role is defined as a representative of the FAA Administrator — not as a passenger, safety pilot, or independent third party. This agency relationship is established by 49 U.S.C. § 44709 and further codified in 14 CFR Part 183 (Representatives of the Administrator), which governs Designated Pilot Examiners (DPEs). The practical test is administered on behalf of the FAA; the examiner's findings carry the same legal weight as a direct FAA evaluation.

PIC ambiguity during practical tests: The question of who is PIC during a checkride has been addressed in FAA Chief Counsel interpretations. The applicant is generally considered the PIC from an operational responsibility standpoint — they are manipulating the controls, responsible for the safe conduct of the flight, and held to the applicable regulations. The examiner observes and evaluates. See the FAA's Legal Interpretations database for relevant Chief Counsel letters on this topic.

Passenger carriage exemption (paragraph c): During practical tests, pilots are not subject to the passenger-carriage provisions of Part 61 or Part 91 that would otherwise apply. This means currency requirements for carrying passengers (§ 61.57 three takeoff/landing rule) do not apply to the examiner's presence. However, if an additional observer is on board beyond the applicant and examiner, that person must be authorized by the examiner.

Part 183 DPE authority: Examiners are designated under Part 183 and operate under a Letter of Designation from their FSDO. Their authority is limited to the specific certificates and ratings listed in that designation — a DPE authorized for Private Pilot cannot administer a Commercial checkride unless separately designated. See FAA Pilots — Testing for designee information.

CFI Commentary

Highlighted phrases in the regulation text above link to instructor notes at the bottom of this page. Look for the amber or blue highlights — each one flags a gotcha or a pro tip worth knowing.

Amendment History

1997-04-04

Section adopted as part of the major 1997 Part 61 rewrite, which reorganized pilot certification requirements comprehensively.

1997-07-30

Technical correction to the April 1997 rule.

AOA Notes

These notes correspond to the highlighted phrases in the regulation text above. Each one flags something worth knowing — a common misread, a checkride gotcha, or a practical pro tip.

Gotcha: The examiner is NOT automatically the PIC — and that matters

Here is something that trips up a lot of applicants: many assume that because the examiner is an FAA designee sitting in the right seat, they are automatically the pilot in command and therefore 'in charge.' Not true. During your checkride, you are the PIC unless the examiner has specifically agreed to take on that role beforehand. That means you are responsible for the safe conduct of the flight. If the examiner pulls a scenario on you and asks 'what would you do if...' — treat it like you are actually flying the mission, because legally you are. The practical test is an evaluation of your judgment, not a demonstration flight with an FAA safety net underneath you.

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Pro Tip: Examiner presence does not count as 'carrying passengers' for currency purposes

The regulation specifically says that during a practical test, the usual passenger-carriage restrictions do not apply. In plain terms: if your last three takeoffs and landings were done solo or otherwise outside the 90-day window for passenger currency (§ 61.57), that does not invalidate the checkride itself. The examiner is there in an official FAA capacity, not as a passenger. That said — you still need to be prepared to demonstrate takeoffs and landings as part of the practical test, so the currency question is somewhat moot. The bigger practical value of this rule shows up in edge cases, like an additional safety pilot or observer the examiner authorizes on board.