FAR Ninety-One Point One Oh Nine, the Safety Pilot Rules, and the Acting PIC Question Nobody Briefs Before Takeoff

FAR 91.109 governs every flight where a pilot operates under simulated instrument conditions - foggles, a hood, or any device that artificially blocks outside visual reference. The regulation requires a safety pilot in the other control seat, and that safety pilot must meet specific certificate, rating, and medical requirements. Getting this wrong puts both pilots’ certificates at risk and produces logbook entries that won’t survive scrutiny at a checkride.

What Does FAR 91.109 Actually Require?

The core rule: no person may operate a civil aircraft under simulated instrument conditions unless the other control seat is occupied by a safety pilot who holds at least a private pilot certificate with appropriate category and class ratings for that aircraft.

Simulated instrument conditions means the flying pilot’s outside visual reference is artificially blocked - foggles, a hood, a visor. This is distinct from actual instrument meteorological conditions (IMC), where weather itself restricts visibility. Simulated instrument flight is a training tool; actual IMC is real-world operations.

Who Qualifies as a Legal Safety Pilot?

The minimum checklist for a legal safety pilot:

• Private pilot certificate or higher (student pilot certificates and most sport pilot certificates do not qualify)
• Appropriate category and class rating for the aircraft being flown (single-engine land for a C172, multi-engine for a twin)
• Current medical certificate or BasicMed qualification
• The aircraft must have functional dual controls

The safety pilot must also be positioned where they can see the aircraft’s flight path - front seat, not the rear seat of a tandem-seat aircraft. Their regulatory function is visual separation, and they cannot perform that function if they cannot see where the aircraft is going.

If the copilot controls have been removed or are inoperative, the flight does not meet the letter or intent of the regulation. Know your airplane before you plan a hood flight in it.

Does a Safety Pilot Need an Instrument Rating?

No. The safety pilot’s legal function under 91.109 is to see and avoid traffic while the other pilot is under the hood. The regulation requires the appropriate certificate, category, and class - not an instrument rating.

This surprises a significant number of pilots who have heard the opposite stated as fact. A private pilot with no instrument rating can legally serve as safety pilot for simulated instrument flight conducted in visual meteorological conditions (VMC).

However, this changes immediately if the flight has any realistic chance of entering actual IMC. If the acting pilot in command (PIC) is not instrument rated and current, an inadvertent cloud encounter becomes a serious regulatory and safety problem. More on that below.

Does a Safety Pilot Need a Medical Certificate?

Yes - and this is the requirement that most often catches pilots off guard. The safety pilot is a required crewmember, not a passenger. That legal status subjects them to the same medical requirements as any other required crewmember.

A safety pilot without a current FAA medical certificate or valid BasicMed qualification makes the flight illegal, regardless of how sharp their eyes are. If a pilot has let their medical lapse - even temporarily - they cannot serve as a legal safety pilot under 91.109.

Can Two Pilots Both Log PIC Time on the Same Flight?

Yes. Under FAR 61.51, two pilots can log pilot in command (PIC) time simultaneously on the same flight. This sounds impossible until you understand that the two pilots are logging on completely separate legal bases.

The pilot under the hood is the sole manipulator of the flight controls. FAR 61.51 allows a pilot to log PIC time any time they are the sole manipulator of an aircraft for which they hold the appropriate rating. Their rating and their hands on the controls are the basis for their PIC log entry.

The safety pilot, if designated as acting PIC before the flight, logs PIC time on a different basis entirely. When a flight operation legally requires more than one pilot, the designated acting PIC may log that time as PIC. Simulated instrument flight under 91.109 is exactly that kind of operation. Two regulatory justifications, two pilots, both logging PIC - both completely legal.

Who Should Be Designated Acting PIC - and When Does It Matter?

The acting PIC designation must be made before the flight. If both pilots climb in without explicitly agreeing on who is acting PIC, the safety pilot defaults to logging second in command (SIC) time - not PIC. SIC and PIC build toward different totals and carry different weight on a designated pilot examiner (DPE) review.

The acting PIC is the person ultimately responsible for the safety and operation of the flight. They make the final go/no-go call. Their certificate is on the line if something goes wrong. This does not have to be the person physically flying - the safety pilot in the right seat can be the acting PIC while the left-seat pilot does all the flying.

Say it explicitly before the engine starts: “I’m acting PIC. You’re logging sole manipulator PIC. I’m logging acting PIC.” Thirty seconds. Every time.

What Do Acting PIC Requirements Actually Include?

Whoever holds the acting PIC designation must meet all PIC requirements for that flight:

• A current flight review under FAR 61.56
• Recent experience currency for the type of flight - night currency under FAR 61.57 if the flight is at night
• If actual IMC is possible, the acting PIC must be instrument rated and instrument current

These requirements apply to the acting PIC even if they spend the entire flight watching traffic and monitoring radios. The designation carries the full weight of PIC responsibility. Plan the acting PIC assignment to reflect the risk environment of the flight, not just the conditions on the ground at departure.

How Does Logging Work in Common Safety Pilot Scenarios?

Scenario: Private pilot building simulated instrument time, non-instrument-rated safety pilot

If the flying pilot is designated acting PIC: the flying pilot logs PIC as sole manipulator, the safety pilot logs SIC as a required crewmember.

If the safety pilot is designated acting PIC: the flying pilot logs PIC as sole manipulator, the safety pilot logs PIC as acting PIC. Both log PIC simultaneously. The designation changes the safety pilot’s logbook entry, not the flying pilot’s.

Scenario: Non-instrument-rated safety pilot in the right seat with a scattered layer at 4,000 feet

The instrument-rated, instrument-current pilot should be acting PIC. If conditions deteriorate and the aircraft enters actual IMC, the acting PIC must be legal to fly in those conditions. A non-instrument-rated acting PIC in actual IMC is a regulatory violation on top of a dangerous situation.

Scenario: Safety pilot with a private certificate in single-engine land, aircraft is a Piper Arrow

The safety pilot satisfies 91.109 - the requirement is category and class, not high-performance or complex endorsements. They can legally serve as safety pilot. However, they could not act as PIC in the Arrow without those endorsements. The requirements for the safety pilot role and the PIC role are distinct. Know which applies to which seat.

What Happens if You Enter Actual IMC During a Simulated Instrument Flight?

The acting PIC must be instrument rated and instrument current. If they are not, the situation is immediately a regulatory violation on top of a high-workload, high-risk emergency.

This is the most important reason to designate acting PIC thoughtfully. When both pilots are instrument rated and current, you have redundancy and flexibility. When only one pilot holds an instrument rating, that pilot should be acting PIC - even if they’re the one in the right seat watching traffic.

Design the acting PIC designation around the worst-case scenario, not the expected one.

What Do Examiners Expect You to Know About Safety Pilot Rules?

At the private pilot level, an examiner can ask what is required to practice under the hood. They expect you to identify the safety pilot requirement, understand who qualifies, and explain what equipment must be functional.

At the instrument rating level, the Airman Certification Standards (ACS) expects the full picture: the dual-logging provision, the acting PIC designation and its prerequisites, the medical requirement for the safety pilot, and the implications of entering actual IMC. The examiner has heard every vague answer and partial explanation. They want a pilot who can walk through a real-world scenario, not just cite a regulation number.

Key Takeaways

• A safety pilot must hold a private pilot certificate, the appropriate category and class rating, a current medical or BasicMed, and the aircraft must have functional dual controls
• The safety pilot does not need an instrument rating under 91.109 - but the acting PIC does if actual IMC is possible
• Two pilots can both log PIC time simultaneously on the same flight - on separate regulatory bases
• The safety pilot logs PIC only if designated as acting PIC before the flight; otherwise they log SIC
• Brief the acting PIC designation explicitly before every simulated instrument flight - it takes thirty seconds and protects both certificates