..... PIC (the person responsible...).... If the engine were to suddenly stop, do we believe that the owner would yield command to the safety pilot? Would the safety pilot decide which field to try for, what landing configuration to use, etc. If that answer is (obviously) ‘no’, then he may not log his safety pilot time as PIC. This reg actually makes sense.
Your scenarios are confusing my brain.
I see you are adding more great information to my equally great post. To make it super simple.... Two private pilots in a rented C-172 both current, qualified and eligible to rent the plane from FBO. One is under hood and the other safety pilot. Who takes over if the engine quits? Well they should discussed before hand. Either pilot is legally qualified. The pilot wearing Mr. hood view limiting device can take it off pretty quick. In fact the hood guy/gal who was flying may be best to keep flying, since they are warmed up. However if the safety pilot is more experienced and a better stick... well again brief it. FAA is big into who is PIC and what it is, ultimately person in command responsible for safety of flight. As a Captain I log PIC even on legs I don't fly.
You seem to take this owner/my plane thing into account.
The Regs don't care who owns what. Who grabs the controls when the SHTF should be briefed be it in a C-172 or Boeing 777. You like scenarios right? Let's say Bob Hoover in his prime was your safety pilot in your RV. Then engine quits. I know what I'd say. BOB YOU GOT IT. Oh I would have so loved to have flown with BH.
if I am under the hood in my airplane, and some pilot who has zero time in type is my safety pilot, it seems highly unlikely that any court would believe that I would allow him to be the final authority over my airplane!
Not to get into a pee-pee match, there is no such thing as type unless we are talking larger jets, but I get your point and agree. If you mean a C-182 jockey who is current and qualified in SE Land complex is your safety pilot in your RV-10 but has ZERO RV-10 time, could he be "final authority"? YES. However obviously if the engine quits take your darn hood off and fly your own darn plane. Second insurance is the DRIVER not the FAR's. If safety gay/gal has no RV-10 time then Mr. Insurance will not let them fly it. Safety pilot? Sure why not in the eyes of FAA. Not sure why the "court" is involved. Ha ha. The safety pilot WOULD have to grab the controls if there was a mid-air about to happen. So the safety pilot with no RV time might be a bad idea... however FAR's it is totally cool. RV's are just Single Engine Land... We are talking FAR's and common sense. What is FAR LEGAL does not always make common sense or make insurance companies happy. FAR's say I can land with 30 min of fuel VFR. No thanks that is a lot of air in the tanks. It is really obvious? You are making the simple super complex. Are you a physicist? I am kidding I have a degree in mechanical engineering, I like to call useful practitioner of physics.
You should get a competent (legal to be PIC) pilot to be safety pilot regardless of logging PIC time or not. It is better if the safety pilot has an IFR rating and RV experience for sure.. but FAR's don't care. It is NOT needed, but if the pilot in the left seat is working towards the rating or IFR currency, a safety pilot who knows the standards can help. However LOOKING FOR TRAFFIC IS JOB #1.
Side note: the LODAs that the faa has issued for EAB airplanes are highly restrictive, to be used solely for transition training. Mine specifically forbids high performance endorsements, instrument currency checks, flight review sign offs, even if these are accomplished as part of transition training. Throw in the cost of insuring instructional activities in your airplane and you likely have a money losing proposition.
Good Points and great added detail again to my equally great previous post... Yes I looked into all the cost. The only way I could make it worth while even a little, is get liability insurance only, and charge $120 wet plus instructor, $40 an hour. There would be a minimum of say 25 hours a year to break even on AC cost and pay for insurance. Hull insurance for teaching? Forget it. The $1000 for 25 hours instructor time dual is peanuts. However for fun and love of teaching still plan on doing it. I will do some CFI work in RV's or other planes when I retire regardless.