I’m a US based private pilot building time toward the instrument rating. A CFI flies with me as safety pilot for simulated instrument conditions. They are not a CFII yet. If I fly a XC under the hood and finish with a practice approach in VMC while still under the hood, can I log the approach? I have read through FAA InFO 15012 and the approach meets all of the requirements. I understand if the safety pilot were an appropriately rated private pilot I can log the approach and follow the requirements for logging the safety pilot. Can I log the approach and log “dual received” at the same time with a non-II CFI? If not, given where I’m at in training, would I be better off to log the approach, or log dual received, or does it even matter? For reference, the CFI will have their II soon, I will reach XC and simulated/actual IFR minimum hour requirements, and we will begin dedicated IFR training to meet the requirements of FAR 61.65.
As you have noted, FAR 91.109(c)(1) requires that the Safety Pilot must hold at least a private pilot certificate. The pilot certificate must have category and class ratings that are appropriate to the aircraft being flown. The safety pilot is not required to hold an instrument certificate if the flight is conducted in VFR conditions.
You can log the approach as part of the practice flight requirements, and if you have agreed so with the safety pilot you log is as PIC, but you may not, however, log the flight as "dual received" for the purpose of obtaining an instrument rating unless the Safety Pilot is in fact a CFII. "Soon" will not pass muster if you get your logs audited by the FAA.
Your Question (based on the circumstances you provide:) Can you log the Instrument Approach (IAP) and "Dual Received" at the same time?
NOTE: (for this question).
CFIA refers to a CFI who does NOT hold an Instrument-Airplane rating on their Flight Instructor certificate;
CFII refers to a CFI who does hold an Instrument-Airplane rating on their Flight Instructor certificate.
Pertinent U.S. FAR Regulations
FAR 61.65 (d) Aeronautical experience for the instrument-airplane rating. A person who applies for an instrument-airplane rating must have logged:
(2) Forty hours of actual or simulated instrument time in the areas of operation listed in paragraph (c) of this section, of which 15 hours must have been received from an authorized instructor who holds an instrument-airplane rating, and the instrument time includes: (emphasis is mine)
(NOTE: the 15 hours noted above must be dual received from a CFII)
61.195 Flight instructor limitations and qualifications. A person who holds a flight instructor certificate is subject to the following limitations:
(l) Training on control and maneuvering an aircraft solely by reference to the instruments. A flight instructor may conduct flight training on control and maneuvering an airplane solely by reference to the flight instruments, provided the flight instructor -
(1) Holds a flight instructor certificate with the applicable category and class rating; OR (emphasis is mine - note: category is "airplane" and class is "single engine land")
(2) (this is not relevant to your question - note the "OR" in item 1 above)
Answer: (logging the IAPs)- You can log the IAPs that you conduct with a non-CFII, but there are no regulatory benefits in doing so. Since you are not instrument rated you have no currency requirements to meet. Also, since you are not training with a CFII the flight proficiency requirements specified under 61.65 (c) (6)- training in "Instrument Approach Procedures" cannot be satisfied. But you may want to log the IAPs for your personal reference.
Answer: (logging Dual Received)- FAR 61.65(d)(2) requires at least 15 hours of flight training (dual received) from a CFII. The remaining 25 hours of actual or simulated flight time can be with a CFIA (or any qualified pilot acting as Safety Pilot).
If your instructor for your PPL was a CFIA you have already received at least 3 hours of dual received (from a non-CFII) in control and maneuvering an airplane solely by reference to the flight instruments (ref: FAR 61.109 (a)(3)). So, you may only need 22 hours (or less) of the remaining required 25 hours of actual or simulated instrument flight time since you completed at least 3 of these hours during your PPL training.
FAR 61.195 (l) [noted above] allows a CFIA to administer training in the control and maneuvering of the airplane solely by reference to the instruments. So, as long as a CFIA is providing dual instruction limited to the control and maneuvering of the airplane solely by reference to the instruments, you could log this time as dual received (CFIA must endorse your logbook). But importantly, this dual received cannot substitute for any of the 15 hours of required training that must be given by a CFII.
Also, like logging the IAPs, there is no regulatory benefit (as the holder of a PPL) to your logging this dual received time from a CFIA, but you may want to for personal reference or perhaps some future insurance benefit.