Status and responsibilities of an examiner who is authorized by the Administrator to conduct practical tests
Read the official ruleAn examiner conducting your practical test acts as the FAA's representative to evaluate your flying skills, but they're not automatically the pilot in command—you typically are, unless the examiner specifically agrees beforehand to act as PIC for all or part of the flight.
During a checkride, normal passenger-carrying regulations don't apply to you, the examiner, or anyone else the examiner authorizes onboard. This means you can take the test even if you don't yet meet the requirements to carry passengers in that aircraft category.
There's one important restriction: An examiner cannot give you an initial private, commercial, or ATP certificate in a new category/class using an aircraft that requires a type rating unless you already qualify for (or hold) that type rating, and the test includes the full ATP-level type rating tasks. This prevents shortcuts around the type rating process.
*This is a plain-English summary for study only. The official 14 CFR text on this page is controlling — always read the current regulation and consult a CFI.*