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In the case of a DPE giving a PPL checkride is the DPE not the PIC? Otherwise he is a passenger and students are not allowed to take passengers. He is just making sure the plane is legal. The local DPE has told me that he has had students show up in planes out of annual, AD's not complied with, expired transponder checks, missing registration card, ect.

The DPE is not PIC for the checkride; the examinee is. The DPEs in our area check to make sure the plane has a current annual or 100 hr inspection, and pitot/static inspection for the transponder is current. Also checks for registration, airworthiness certificate, AFM and W/B.

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