SAFE's David St. George Qualifies The Organization's Thinking On This Controversy

A recent court decision has upheld the FAA’s questionable “cease and desist” order against “Warbird Adventures.”  This ruling lets stand an interpretation that threatens the historic role of CFIs as “educators” and will have a negative effect on all flight training (and aviation safety). This action has left CFIs confused and at risk from the greater future liability of “flying for hire,” along with potential regulatory and medical consequences.

SAFE has taken a clear and provocative stand opposing the recent court “Warbird Adventures” Decision in which pilots acting as flight instructors have little reason to be certain of their legal status as flight educators, and might instead be classified as a charter pilot or some equally absurd designation that could put them outside the FARs.

SAFE reports that, "We are asking the FAA for immediate clarification supporting the historic FAA interpretation of CFI as 'aviation educator' NOT 'charter operator.'”

Though the current analysis seems to indicate that CFIs are not immediately threatened here (this is a very narrow decision targeting a specific operation), SAFE believes that the “downstream” implications of this decision could create huge problems for CFIs e.g. legal liability, charter confusion and CFI medical certification. SAFE has written directly to the FAA seeking immediate clarification.

St. George continues, "We at SAFE, representing over 3600 flight educators, urge the Agency to expedite a final ruling preserving the instructor’s historic role as 'educator' and not 'charter pilot.' Adopting the broader interpretation implied in this court’s recent decision would create irrevocable harm to our industry and diminish aviation safety."

FMI: https://safeblog.org/