Narrative:

I am currently a newly CFI for compensation or hire. For 4 months I was operating as a CFI under a second class medical certificate which had expired to a third class medical certificate making it illegal for me to fly for compensation or hire. During the time I continued to receive pay for flight instruction, due to a misinterp of far part 61.23(2)(I). I was under the impression that I had 24 calendar months to act as CFI under a second class medical certificate instead of 12 calendar months as specified in 61.23(2)(I). Upon review of my medical certificate, far part 61.23, and discussion with a fellow flight instructor, I determined that I was not acting in accordance with the specifications of my commercial pilot certificate due to a lack of a current second class medical certificate. All flts conducted were legal in accordance to far paragraphs 61 and 91, ie, flight safety was not compromised at any time during flight training, and all student hold private pilot certificates, are certified in aircraft type, make and model, and are approved to act as PIC of the aircraft under those current flight conditions (VFR). No flts were conducted in actual IMC, and no endorsements for further certificates or rating were given by me. All this being said, continuing to be paid for flight instruction was not legal between the dates listed above. Continual review of the far/aim and maintaining a current medical certificate appropriate to specific flight requirements will assure that this situation does not occur again.

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Original NASA ASRS Text

Title: A NEW CFI FLIES FOR 4 MONTHS AS AN INSTRUCTOR PLT WITHOUT HAVING A SECOND CLASS MEDICAL CERTIFICATE AT OSH, WI.

Narrative: I AM CURRENTLY A NEWLY CFI FOR COMPENSATION OR HIRE. FOR 4 MONTHS I WAS OPERATING AS A CFI UNDER A SECOND CLASS MEDICAL CERTIFICATE WHICH HAD EXPIRED TO A THIRD CLASS MEDICAL CERTIFICATE MAKING IT ILLEGAL FOR ME TO FLY FOR COMPENSATION OR HIRE. DURING THE TIME I CONTINUED TO RECEIVE PAY FOR FLT INSTRUCTION, DUE TO A MISINTERP OF FAR PART 61.23(2)(I). I WAS UNDER THE IMPRESSION THAT I HAD 24 CALENDAR MONTHS TO ACT AS CFI UNDER A SECOND CLASS MEDICAL CERTIFICATE INSTEAD OF 12 CALENDAR MONTHS AS SPECIFIED IN 61.23(2)(I). UPON REVIEW OF MY MEDICAL CERTIFICATE, FAR PART 61.23, AND DISCUSSION WITH A FELLOW FLT INSTRUCTOR, I DETERMINED THAT I WAS NOT ACTING IN ACCORDANCE WITH THE SPECS OF MY COMMERCIAL PLT CERTIFICATE DUE TO A LACK OF A CURRENT SECOND CLASS MEDICAL CERTIFICATE. ALL FLTS CONDUCTED WERE LEGAL IN ACCORDANCE TO FAR PARAGRAPHS 61 AND 91, IE, FLT SAFETY WAS NOT COMPROMISED AT ANY TIME DURING FLT TRAINING, AND ALL STUDENT HOLD PVT PLT CERTIFICATES, ARE CERTIFIED IN ACFT TYPE, MAKE AND MODEL, AND ARE APPROVED TO ACT AS PIC OF THE ACFT UNDER THOSE CURRENT FLT CONDITIONS (VFR). NO FLTS WERE CONDUCTED IN ACTUAL IMC, AND NO ENDORSEMENTS FOR FURTHER CERTIFICATES OR RATING WERE GIVEN BY ME. ALL THIS BEING SAID, CONTINUING TO BE PAID FOR FLT INSTRUCTION WAS NOT LEGAL BTWN THE DATES LISTED ABOVE. CONTINUAL REVIEW OF THE FAR/AIM AND MAINTAINING A CURRENT MEDICAL CERTIFICATE APPROPRIATE TO SPECIFIC FLT REQUIREMENTS WILL ASSURE THAT THIS SIT DOES NOT OCCUR AGAIN.

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.