Private Pilot Checkride Past 100 hour inspection?
There seem to be some differences of opinion as to whether or not a student pilot can use an aircraft that is out of 100 hour inspection for a checkride (in this case, a private pilot checkride).

Some say this is okay: the student is not actively receiving instruction and the examiner is not a paying passenger. See

Some say this is not okay:  the student is still flying under the guidance of a CFI and thus rules about 100 hour inspections being required prevail. See

The formal opinion of the FAA's lawyers overrides some informal discussion on the Internet. I wouldn't do it. It's too risky to bust a checkride for this. Does anyone here have a thought?
1 Replies
The answer would depend on whether the checkride is being conducted under a Part 141 school's examining authority by its own check airman or conducted by an independent DPE under Part 61.  In the first case, 141.39 is operative, and the 100-hour must be current.  In the second, only 91.409 applies, and that does not require a 100-hour since the DPE isn't an instructor provided by the school and it is not "training.".