Did You Know…About getting a float rating?

By Adam Hunt

A COPA member recently asked, “I have a friend who has a floatplane - can he give me a floatplane rating or not?”

The answer in theory is “yes,” but there are a number of realities that may make it difficult.

Naturally some requirements have to be met. These requirements are located in the CARs, of course.

First there is the question of the pilot. To give a “seaplane rating” as Transport Canada calls it, the teaching pilot must meet the requirements of CAR 425.21 (6) which indicates: “A person who conducts flight training toward the issuance of a landplane class rating or a seaplane class rating shall: (a) Be the holder of a Commercial Pilot Licence or an Airline Transport Pilot Licence; and (b) have experience of not less than 50 hours flight time on the class of aeroplane used for the training.

As long as the pilot meets those requirements then that aspect is taken care of. Next let’s examine the aircraft.

CAR 425.23 Training Aircraft Requirements specifies that the aircraft must have dual controls (of course) and “be equipped with a turn and slip indicator or a turn coordinator.” For a seaplane rating it would also have to be a seaplane, too, obviously (straight floats, amphib floats or a flying boat).

The third aspect is the operation – the question is can a commercial pilot give a float rating on a private aircraft not being flown under an operating certificate? CAR 406.02 and 406.03 specify when you need a flight training operating certificate (OC) and everything that goes with it – a commercially registered aircraft, a chief pilot, AMO maintenance, etc.

In CAR 406.02 it says that CAR 406 “applies in respect of the operation of an aeroplane, helicopter, glider, balloon, gyroplane or ultra-light aeroplane in a flight training service toward obtaining any of the following… (a) for aeroplanes … (iii) a landplane or seaplane rating”.

CAR 406.03 (2)(b)(iii) is very clear when is says “A person who does not hold a flight training unit operator certificate may operate a flight training service if…the trainee is…using an aircraft that has been obtained from a person who is at arm’s length from the flight instructor, and the training is other than toward obtaining a pilot permit - recreational or a private pilot licence.”

In this case because the aircraft is owned by the instructor and is not an “arm’s length” aircraft an OC is required unless the operation is clearly not a “flight training service.”

So the critical detail to determine whether you need an operating certificate is the definition of “flight training service.”

This definition is found in CAR 101 and says: “flight training service - means a commercial air service that is operated for the purpose of conducting flight training.” So is this a Commercial Air Service?

The definition of that is found in the Aeronautics Act interpretation section, and it says: “commercial air service - means any use of aircraft for hire or reward”.

So what is “hire or reward?” That is also defined in the Aeronautics Act and it says “hire or reward - means any payment, consideration, gratuity or benefit, directly or indirectly charged, demanded, received or collected by any person for the use of an aircraft.”

So it seems pretty clear that if the float rating is not conducted in a manner that is “hire or reward” then it isn’t a commercial air service and therefore isn’t a “flight training service” and therefore the teaching pilot would not be required to hold an OC.

That does mean it must not be “hire or reward” flying. This means that no money or anything else of value may change hands as a result of getting the seaplane rating. That means the airplane owner cannot even accept gas money, a free lunch or a date with your sister from the student in exchange for the training.

He has to give the rating at no cost or benefit at all, including that no sharing of expenses is permitted. If the instructor even allows the student to buy a fuel fill-up then he has to go and get an OC for his operation.

Complicated enough? Actually there is one more complication yet to overcome – insurance. There are two potential problems here.

First, most private aircraft owners will have hull insurance on a high-value seaplane. Most insurance policies will not allow the owner to conduct flight training and will not cover a solo student for hull or even liability insurance who is flying without a rating (because he is working on earning it).

The requirements for the seaplane rating specified in CAR 421.38 include that the student must do “a minimum of five takeoffs and landings as sole occupant of the aeroplane…” Of course CAR 606.02 requires liability insurance for all flying in Canada.

The student could get liability insurance through COPA’s Silver Wings plan, but that will not provide hull coverage in case the student damages the aircraft while completing the solo portion of the flying. Non-owned hull coverage is available, but it is not inexpensive and only covers an aircraft up to a maximum value of $100,000.

To get around this no-hull-insurance problem some float instructors have in the past let the student fly what they call “supervised solo”, meaning that the instructor sits in the right seat on the “solo” flight.

Usually as long as the instructor does not have to touch the controls or say anything then the student logs the flight as “solo” and completes the rating. This is illegal for several reasons. First off CAR 421.38 specifies that the student must do “a minimum of five takeoffs and landings as sole occupant of the aeroplane…” this would not be met on so-called “supervised solo” flights.

Several hundred seaplane ratings have been rescinded by TC in recent years when they found out that a west coast flight school was doing this. So if you didn’t do the solo as “sole occupant” expect to have your rating removed.

Secondly when the student and instructor sign the rating application sheet without having completed the “sole occupant” take-offs and landing requirements both are leaving themselves open to fraud charges. It has to be done legally or you don’t get the rating.

So back to the initial question – if you have a friend with a floatplane, can he give you a floatplane rating? The answer is “yes” if the friend has a commercial pilot licence with a seaplane rating, if the training is done absolutely for free without the teacher receiving anything in return (even gas) and if the flights are all conducted with the required liability insurance at effect at all times. If not, then the answer is “no”.