FREQUENTLY ASKED QUESTIONS BY PILOTS

61.1

QUESTION 11: What is the FAA's definition of the terms "instrument flight training" [found in §61.65(e)(2)(i)], "instrument flight instruction" (found in §61.51(g)(2)), and "flight instruction" [found in §61.77(b)(2)(iii)]? The terms "flight training" and "instrument training" are both defined in 61.1(b) but the other terms do not appear to be defined in Part 61. What do they mean?

ANSWER 11: Ref. §61.1(b)(10); The only reference on this subject is the definition contained in §61.1(b)(10) and that term is "Instrument training" and is defined as meaning ". . . that time in which instrument training is received from an authorized instructor under actual or simulated instrument conditions."

As for §61.65(e)(2)(i), there is no such rule. I would recommend that your inquirer get his rules updated to the current Part 61.

As for the term "flight instruction" in §61.77(b)(2)(iii), In drafting the rule, I mistakenly interchanged the word "flight instruction" for "flight training." So per §61.1(b)(6), the term "flight training" is defined as meaning ". . . that training, other than ground training, received from an authorized instructor in flight in an aircraft." I'm in the process of developing a "clean up" rulemaking document to correct these errors.

61.3

QUESTION: Situation is there is a pilot performing instrument currency in a single engine airplane and another pilot serving as a "Safety Pilot." Does the pilot who is serving as a "Safety Pilot" required to hold a current medical certificate? Even if the "Safety Pilot" is not going to act as the PIC?

ANSWER: Ref. §61.3(c); Yes, the "Safety Pilot" is required to hold a current medical certificate. Yes, the "Safety Pilot" is required to hold a current medical certificate even if he/she is not acting as the PIC. The reason the answer is yes to both questions is because, in accordance with §61.3(c), ". . . a person may not act as pilot in command or in any other capacity as a required pilot flight crewmember of an aircraft, under a certificate issued to that person under this part, unless that person has a current and appropriate medical certificate that has been issued under part 67 of this chapter . . ."

61.13

QUESTION 3: §61.13(b) and §67.401: Situation is I have an applicant who is color blind and is not permitted to operate an aircraft at night. Does the limitation go on the person's pilot certificate or on the person's medical certificate?

ANSWER 3: Per Order 8700.1, Volume 2, Page 27-6, Paragraph 5.G or H, as appropriate. The limitation goes on the person's medical certificate.

61.23

QUESTION: Situation is there is a pilot performing instrument currency in a single engine airplane and another pilot serving as a "Safety Pilot." Does the pilot who is serving as a "Safety Pilot" required to hold a current medical certificate? Even if the "Safety Pilot" is not going to act as the PIC?

ANSWER: Ref. §61.3(c); Yes, the "Safety Pilot" is required to hold a current medical certificate. Yes, the "Safety Pilot" is required to hold a current medical certificate even if he/she is not acting as the PIC. The reason the answer is yes to both questions is because, in accordance with §61.3(c), ". . . a person may not act as pilot in command or in any other capacity as a required pilot flight crewmember of an aircraft, under a certificate issued to that person under this part, unless that person has a current and appropriate medical certificate that has been issued under part 67 of this chapter . . ."

61.31

QUESTION 1: Ref. §§61.31(e) and 61.51(e)(1); I have a situation where a pilot holds a Private Pilot Certificate with an Airplane Single Engine Land rating. The person is now undergoing PIC training to qualify in a Cessna 172RG (i.e., complex airplane qualification). May this person log the time as PIC time while manipulating the controls? Now I'm not asking can he "act" as the PIC, I'm only asking whether the person can "log" the time as PIC time while manipulating the controls of this Cessna 172RG while undergoing PIC training?

ANSWER 1: Ref. §61.51(e)(1); The answer is no, this pilot may not log the time as PIC time. The person may be ". . . sole manipulator of the controls of an aircraft . . ." BUT NOT IN ". . . an aircraft for which the pilot is rated . . ." The pilot has not met the requirements of §61.31(e) to qualify as a PIC in complex airplanes. Granted, the pilot holds the appropriate airplane category and single engine land class rating, but the applicant is not qualified as a PIC in a complex airplane.

QUESTION 2: Ref. §§61.31(f) and 61.51(e)(1); I have a situation where a pilot holds a Private Pilot Certificate with an Airplane Single Engine Land rating. The person is now undergoing PIC training to qualify in a Cessna 210 (i.e., high performance airplane qualification). May this person log the time as PIC time while manipulating the controls? Now I'm not asking can he "act" as the PIC, I'm only asking whether the person can "log" the time as PIC time while manipulating the controls of this Cessna 210 while undergoing PIC training?

ANSWER 2: Ref. §61.51(e)(1); The answer is no, this pilot may not log the time as PIC time. The person may be ". . . sole manipulator of the controls of an aircraft . . ." BUT NOT IN ". . . an aircraft for which the pilot is rated . . ." The pilot has not met the requirements of §61.31(f) to qualify as a PIC in high performance airplanes. Granted, the pilot holds the appropriate airplane category and single engine land class rating, but the applicant is not qualified as a PIC in a high performance airplane.

61.33

QUESTION: Recently I have several inquiries from FAA Aviation Safety Inspectors (Operations) regarding a possible conflict between the requirements of Private Pilot Certification in Part 61 and the PTS. For example, the PTS for a Private Pilot Certificate-Rotorcraft-Helicopter practical test requires tracking and interception. Unless I'm mistaken there is no such requirement in Part 61.

What is the legal status of the PTS in such a case?

ANSWER: The legal status of a Practical Test Standards is covered by §61.33 which states: "Tests prescribed by or under this part are given at times and places, and by persons designated by the Administrator." Now, as to whether the PTS is regulatory and how §61.33 applies to the conduct of a practical test, I've never heard of an applicant ever getting a rating without agreeing to submit to a practical test from the appropriate PTS.

However, to further answer your question, there is no conflict between the PTS and Part 61 for an applicant for a Private Pilot Certificate for a helicopter rating. Section 61.105(b)(4) requires ground training on "Use of aeronautical charts for VFR navigation using pilotage, dead reckoning, and navigation systems." Section 61.107(b)(3)(vii) requires both ground and flight training on "Navigation." And the Private Pilot-Helicopter PTS states:

AOA VII - "Navigation,"

Task B. - "Radio Navigation and Radar Service,"

Maneuvers 4 - "Intercepts and tracks a given radial or bearing."

Maneuver 5 - "Locates position using cross radials, coordinates, or bearings."

I'd say there is NOW a training requirement for "tracking and interception." And yes, the examiner MUST test applicants on " Intercepts and tracks a given radial or bearing" or "Locates position using cross radials, coordinates, or bearings."

This additional training is not only beneficial for improving the competency of helicopter pilots, but it's important for helicopter pilots to know how to operate SAFELY in today's National Airspace System.

61.39

QUESTION 7: Does an ATP applicant in a small aircraft (no type rating required) require any flight training and an instructor endorsement in preparation for the ATP practical test? §61.39(a)(6) requires that an applicant have an endorsement, if required by part 61, in the applicant's logbook or training record that has been signed by an authorized instructor. 61.157(b) requires ground and flight training and an endorsement from an authorized instructor if the test is for a type rating. What about the ATP applicant who is not adding a type rating but is simply getting an ATP certificate in a small airplane? The FAR does not seem to require an endorsement for a non-type rating ATP applicant. If the ATP applicant does meet the requirements of 61.157(b), then who is considered an authorized instructor? CFI-ASE (or AME), CFI-IA, etc.

ANSWER 7: Ref. §61.39(c)(3) and §61.157(b)(2); The answer is no, an ATP applicant does not need an instructor endorsement to apply for the practical test. As per §61.157(b)(2), this provision only requires the endorsement be for ". . . Must receive a logbook endorsement from an authorized instructor certifying that the applicant completed the training on the areas of operation listed in paragraph (e) of this section that apply to the aircraft type rating sought;" The endorsement is not for ". . . Certifying the person is prepared for the required practical test . . ."

QUESTION: Recently a situation arose that resulted in a review of §61.39(a)(6) vs. §61.39(c)(1), (2) and (3). The situation was a Canadian commercial pilot is applying for unrestricted US Commercial Pilot Certificate. He holds a restricted US Private Pilot Certificate on the basis of his Canadian foreign pilot license and is now applying for an unrestricted US Commercial Pilot Certificate.

The point of contention is: Does the applicant need to present ALL the required endorsements as normally required of a U.S. citizen applying for a Commercial Pilot Certificate?

ANSWER: §61.39(a)(6); Yes, in this situation this applicant is required to have ALL the required endorsements. In this situation, the applicant is seeking an unrestricted U.S. Commercial Pilot Certificate. Therefore, if this foreign pilot wants a U.S. pilot certificate, then that foreign pilot must comply with the same requirements that our U.S. citizens are required to comply with. Again, the answer is yes the applicant is required to have ALL the required endorsements.

In explaining the intent of §61.39(c)(1), it's only purpose is for allowing for the issuance of a restricted Private Pilot Certificate on the basis of the person holding a foreign pilot license [i.e., §61.75]. Therefore, if it weren't for §61.39(c)(1), a foreign person who is only applying for a restricted Private Pilot Certificate on the basis of holding a foreign pilot license would be required to ". . . Have an endorsement, if required by this part, in the applicant's logbook or training record that has been signed by an authorized instructor who certifies that the applicant . . ." [i.e., §61.39(a)(6)]

61.43

QUESTION: Reference (as for example) Private Pilot PTS for Rotorcraft Helicopter (dated April 1996) states on page No. v: "The FAA requires that all practical tests be conducted in accordance with the appropriate Private Pilot Practical Test Standards and the policies set forth in this INTRODUCTION. Private pilot applicants shall be evaluated in ALL TASKS included in the AREAS OF OPERATION of the appropriate practical test standards."

Does this mean an examiner MAY test an applicant orally on certain tasks within the Area of Operation "VII­Navigation" of the Private Pilot Rotorcraft-Helicopter practical test and some tasks on the flight portion of the practical test? Or, must all the tasks be tested during the flight portion of the practical test?

ANSWER: Ref. §61.43(a)(1) and the Practical Test Standards; As for the answer to your specific question (i.e., Area of Operation "VII­Navigation" of the Private Pilot Rotorcraft-Helicopter PTS), each task within that Area of Operation requires a "knowledge" testing (meaning orally) and a "skill" testing which means it has to be tested during the flight portion of the practical test. So in response to your specific question on the tasks noted as "Radio Navigation and Radar Services," "Pilotage and Dead Reckoning," "Diversion," and "Lost Procedures" in the Area of Operation "VII­Navigation" has to be tested BOTH orally and during the flight portion of the practical test. As a continuation of your specific question, under item No. 1 under the caption "Objective" of the task "Pilotage and Dead Reckoning" it states, "Exhibits knowledge (emphasis on the word "knowledge") of the elements related to pilotage and dead reckoning." However, items 2 through 8 under the caption "Objective" of that same task "Pilotage and Dead Reckoning" requires the applicant to ALSO demonstrate flying skills on "2. Correctly flies to at least the first planned checkpoint . . ." "3. Identifies and follows landmarks . . ." etc.

Therefore, an examiner does not have the option to orally test some and flight test other tasks. If a Task has the words "Exhibits knowledge" under the caption "Objective" of a particular Task in the PTS, then that indicates that portion of the Task must be tested orally. Additionally, if the items under the caption "Objective" of a particular Task in the PTS requires demonstration of flying skills then that portion of the Task must be tested during the flight portion of the practical test.

61.45

UESTION 1: The situation is I have an applicant who holds a Private Pilot Certificate that reads as follows:

PRIVATE PILOT

AIRPLANE SINGLE ENGINE LAND

INSTRUMENT AIRPLANE

The applicant is seeking a Commercial Pilot Certificate and an Airplane Multiengine Land rating. The applicant has informed me the multiengine airplane (e.g., Cessna 310) is incapable of performing the flight by reference to instruments (i.e., Area of Operation IX, Tasks A, B, and C of the Commercial Pilot Practical Test Standards, FAA-S-8081-12A). Can the applicant be allowed to take the practical test and, if passed, receive the pilot certificate with eather a "VFR ONLY" limitation or the limitation, "The carriage of passengers for hire in multiengine airplanes on cross-country flights in excess of 50 nautical miles or at night is prohibited?"

ANSWER 1: Yes, Ref. §61.45(b)(2) and §61.133(b)(1) and FAA Order 8700.1, Volume 2, page 8-6, Section 2, paragraph 5.I.(3); an applicant can be allowed to use an aircraft that is incapable of performing the instrument areas of operations of the practical test. Per §61.45(b)(2), it states:

"(2) An applicant for a certificate or rating may use an aircraft with operating characteristics that preclude the applicant from performing all of the tasks required for the practical test. However, the applicant's certificate or rating, as appropriate, will be issued with an appropriate limitation."

And since the applicant already holds an Instrument-Airplane rating, there is no requirement to add the limitation "The carriage of passengers for hire in airplanes on cross-country flights in excess of 50 nautical miles or at night is prohibited." Per FAA Order 8700.1, Volume 2, page 6-5, Section 2, paragraph 5.k.(f)

Therefore, the limitation that would be placed on the applicant's pilot certificate who did not perform the required instrument Area of Operation IX, Tasks A, B, and C [of the Commercial Pilot Practical Test Standards, FAA-S-8081-12A] would be "Airplane Multiengine VFR Only." That limitation, per FAA Order 8700.1, Volume 2, page 8-6, Section 2, paragraph 5.I.(3), would be so noted with the limitation, "VFR Only," on the applicant's pilot certificate in the limitation section of that certificate.

So after the applicant satisfactorily accomplishes the Commercial Pilot Practical Test for the multiengine airplane land rating (but remember in this scenario the applicant DID NOT demonstrate instrument privileges in the multiengine airplane), so the applicant's newly issued pilot certificate will read as follows:

COMMERCIAL PILOT

AIRPLANE MULTIENGINE LAND

PRIVATE PILOT AIRPLANE SINGLE ENGINE LAND

INSTRUMENT - AIRPLANE

Airplane Multiengine VFR Only
 

QUESTION: 2 I have a situation where an applicant is seeking an additional class rating in a multiengine land airplane at the commercial pilot level. The applicant currently holds a Commercial Pilot Certificate with an Airplane Single Engine Land rating and an Instrument-Airplane rating. The applicant does not want [emphasis added does not want] to demonstrate the required instrument tasks (i.e., Area of Operation IX, Tasks A, B, and C of the Commercial Pilot Practical Test Standards, FAA-S-8081-12A) in the multiengine airplane during the practical test. If the applicant did not perform the required instrument tasks during the practical test, do we add a limitation of "VFR only" to the airplane multiengine land rating or the limitation "The carriage of passengers for hire in multiengine land airplanes on cross-country flights in excess of 50 nautical miles or at night is prohibited?"

ANSWER 2: Ref. §§61.43(d) and 61.45(b)(1)(i) and (ii); In this scenario, the applicant is required to perform the required instrument tasks (i.e., Area of Operation IX, Tasks A, B, and C of the Commercial Pilot Practical Test Standards, FAA-S-8081-12A). In this situation, the problem is not with the aircraft, but with the applicant who does not to want to perform the required instrument Area of Operation IX, Tasks A, B, and C [of the Commercial Pilot Practical Test Standards, FAA-S-8081-12A]. Therefore, the applicant is not allowed to get out of performing the required instrument tasks on the practical test. Otherwise, the reason for the applicant not performing the required instrument tasks (i.e., Area of Operation IX, Tasks A, B, and C of the Commercial Pilot Practical Test Standards, FAA-S-8081-12A) must be because of the provisions permitted under §61.45(b)(2) which only account for ". . . . an aircraft with operating characteristics that preclude the applicant from performing all of the tasks required for the practical test."

61.51

QUESTION: Ref. §61.51(e)(2); The scenario we have here, is a Part 135 certificate holder who is conducting operations in a multiengine airplane under IFR. The operator has approval to conduct operations without an SIC using an approved autopilot under the provisions of §135.105. For this flight, the operator has assigned a fully qualified pilot, who has a current Part 135 competency check to act as an SIC in an aircraft that does not require two pilots under the aircraft's type certification. Both pilots are PIC rated in the aircraft. Otherwise, both pilots hold either an ATP or Commercial Pilot Certificate with an Airplane Multiengine Land rating and Instrument-Airplane rating. Both pilots are current in accordance with Part 61 for PIC privileges and also for instrument flight operations. Although, §135.101 requires an SIC for IFR operations, the autopilot approval is an exception to that requirement.

ANSWER: §61.51(e)(1)(i) and (2); In the scenario you've asked, the answer is NO. Both pilots may NOT log PIC time simultaneously, unless the operation is permitted by §61.51(e)(2).

In the scenario you've described, per §61.51(e)(1)(i), only one pilot can log PIC time when that pilot

". . . Is the sole manipulator of the controls of an aircraft for which the pilot is rated;"

Now if the Part 135 operation requires the PIC to hold an ATP, then in accordance with §61.51(e)(2), "An airline transport pilot may log as pilot-in-command time all of the flight time while acting as pilot-in-command of an operation requiring an airline transport pilot certificate." So if this is the situation, then it would be permissible for the Part 1 PIC to log PIC time and the person who ". . . Is the sole manipulator of the controls of an aircraft for which the pilot is rated . . ." to also log PIC time. But from what I can read from your question, the Part 135 operation is not the kind of operation that requires the PIC to hold an ATP.

From reading your question, do not confuse "with being the legal Part 1 PIC" vs. "the logging of PIC time" under §61.51(e). In your scenario, the assigned PIC time would maintain his legal PIC status, as per §1.1, throughout the flight. However, for logging PIC time, as per §61.51(e)(1)(i), a pilot may log PIC time when that pilot ". . . Is the sole manipulator of the controls of an aircraft for which the pilot is rated."

Per §1.1:

"Pilot in command means the pilot responsible for the operation and safety of an aircraft during flight time."

And per §61.51(e)(1)(i):

"(e) Logging pilot-in-command flight time.

(1) A recreational, private, or commercial pilot may log pilot-in-command time only for that flight time during which that person--

(i) Is the sole manipulator of the controls of an aircraft for which the pilot is rated;"

QUESTION: In §61.51(h)(2)(ii), there is a phrase that states "Include a description of the training given . . ." How descriptive does a flight instructor have to be in describing the content of a training session to meet the provisions of §61.51(h)(2)(ii) [i.e., "Include a description of the training given . . ."]?

ANSWER: Ref. §61.51(h)(2)(ii). Many schools utilize a training record folder that lists the lesson numbers vertically on the folder and the tasks are listed horizontally. And these schools have a training course outline that describes the content of each lesson in detail. Therefore, as long as the applicant has those records available for review, it is permissible for the instructor to merely write in the applicant's logbook, as for example, "Lesson No. 36" for meeting the requirements of §61.51(h)(2)(ii) [i.e., "Include a description of the training given . . ."]. An examiner or ASI who wishes to see what was covered in Lesson No. 36 would have those records available on site to review what was covered during Lesson No. 36 or Lesson No. 10, etc. The essence of §61.51(h)(2)(ii) [i.e., "Include a description of the training given . . ."] is not to require flight instructors to have to write volumes of Encyclopedias for describing a lesson!

However, if an applicant's school does not maintain or have such records, then yes the flight instructors will have to be more descriptive in describing the content of a lesson in an applicant's logbook. But even in this kind of situation, it is permissible and would be in accordance with §61.51(h)(2)(ii) [i.e., "Include a description of the training given . . ."] for a flight instructor to write a description in the applicant's logbook, as for example, that would state "Norm T/O & Ldgs, X-W T/O & Ldgs, Perf. Maneuvers-St. Turns, Chandelles, L8" or the flight instructor may merely contain a description "Comm-ASEL - AOA III, Tasks A and B; AOA VI. 8-Pylons"

QUESTION 1: Ref. §§61.31(e) and 61.51(e)(1); I have a situation where a pilot holds a Private Pilot Certificate with an Airplane Single Engine Land rating. The person is now undergoing PIC training to qualify in a Cessna 172RG (i.e., complex airplane qualification). May this person log the time as PIC time while manipulating the controls? Now I'm not asking can he "act" as the PIC, I'm only asking whether the person can "log" the time as PIC time while manipulating the controls of this Cessna 172RG while undergoing PIC training?

ANSWER 1: Ref. §61.51(e)(1); The answer is NO, this pilot may not log the time as PIC time. The person may be ". . . sole manipulator of the controls of an aircraft . . ." BUT NOT IN ". . . an aircraft for which the pilot is rated . . ." The pilot has not met the requirements of §61.31(e) to qualify as a PIC in complex airplanes. Granted, the pilot holds the appropriate airplane category and single engine land class rating, but the applicant is not qualified as a PIC in a complex airplane.

QUESTION 2: Ref. §§61.31(f) and 61.51(e)(1); I have a situation where a pilot holds a Private Pilot Certificate with an Airplane Single Engine Land rating. The person is now undergoing PIC training to qualify in a Cessna 210 (i.e., high performance airplane qualification). May this person log the time as PIC time while manipulating the controls? Now I'm not asking can he "act" as the PIC, I'm only asking whether the person can "log" the time as PIC time while manipulating the controls of this Cessna 210 while undergoing PIC training?

ANSWER 2: Ref. §61.51(e)(1); The answer is NO, this pilot may not log the time as PIC time. The person may be ". . . sole manipulator of the controls of an aircraft . . ." BUT NOT IN ". . . an aircraft for which the pilot is rated . . ." The pilot has not met the requirements of §61.31(f) to qualify as a PIC in high performance airplanes. Granted, the pilot holds the appropriate airplane category and single engine land class rating, but the applicant is not qualified as a PIC in a high performance airplane.

QUESTION: Ref. §61.51(e)(1) and §61.73(d)(1): Situation is, we have a U.S. Naval Flight Officer (non-pilot type) who holds a Private Pilot Certificate, with an Airplane Single and Multiengine Land rating, Instrument Airplane rating. However, this Naval Flight Officer (non-pilot type) has never had an official U.S. military pilot checkout and instrument proficiency check in an S­3B Viking (or in any military aircraft) as a pilot in command during the 12 calendar months before the month of application [i.e., §61.73(d)(1)]. This person is a Naval Flight Officer (non­pilot) and does not hold any military pilot ratings of any kind. Nor has this person ever completed a U.S. military flight school. His position as a Naval Flight Officer (non-pilot type) is similar to a Weapons Officer in the Air Force.

Is it permissible for this person to log that "hands­on the controls time" in a military S-3B Viking airplane as PIC time?

ANSWER: Ref. §61.51(e)(1)(i): The answer is yes, it is permissible for this U.S. Naval Flight Officer (non-pilot type) to log that "hands­on-the-controls" time in an S­3B Viking military airplane as PIC time.

The rationale behind this answer is because to pilot the S-3B Viking military airplane only requires the pilot to hold an airplane multiengine land rating. And this U.S. Naval Flight Officer (non-pilot type) does hold an airplane multiengine land rating on his FAA pilot certificate. There is no civilian equivalent to this military S-3B airplane and thus the qualifications to pilot this aircraft only requires the pilot to hold an airplane multiengine land rating on their FAA pilot certificate. No type rating is required to pilot the S-3B military airplane, nor is there a civilian equivalent for the S­3B.

The reason I made the statement previously that "No type rating is required to pilot the S-3B . . ." is because if there had been a civilian equivalent to the S-3B military airplane [i.e., §61.5(b)(5)] then it would've required the pilot to hold that type rating. If a type rating is required, then in order to log the "hands­on-the-controls" time as PIC time in an S­3B Viking military airplane would've required the pilot to hold that type rating. Otherwise, an aircraft that requires a pilot to hold a type rating requires the pilot to be qualified in that ". . . aircraft for which the pilot is rated . . ." [i.e., §61.51(e)(1)(i)] to be able to log the time as PIC time. However, this is not the case in this situation, so this U.S. Naval Flight Officer (non-pilot type) can log the "hands­on-the-controls" time in an S­3B Viking military airplane as PIC time because he holds an airplane multiengine land rating on his FAA pilot certificate. Furthermore, he is able to show the time was when he was the ". . . sole manipulator of the controls . . ." and he holds an airplane multiengine land rating on his FAA pilot certificate which makes him qualified in ". . . an aircraft for which the pilot is rated . . ." [i.e., §61.51(e)(1)(i)]. So the answer is yes, this U.S. Naval Flight Officer (non-pilot type) can log the "hands­on-the-controls" time in an S­3B Viking military airplane as PIC time under §61.51(e)(1)(i).

The rule, §61.73(d)(1), is not relevant here, because this U.S. Naval Flight Officer is not a military pilot.

61.55

QUESTION: There does not appear to be a requirement for an instructor endorsement to verify the SIC training in §61.55. However, §61.55(d)(3) refers to "flight training required by this section." In this situation, the intended preparation of a SIC for a Citation is not for Part 121, 125 or 135 operations.

QUESTION 1: Is a Part 61 certificated flight instructor with the appropriate type rating required to conduct the flight training? (Definition in §61.1 would appear to indicate yes.)

ANSWER 1: §61.55; No, the SIC requirements of §61.55(b) does not necessarily need to be given with a CFI on board. It may be the preferred choice, but it certainly isn't a regulatory requirement. Even in the old §61.55 didn't require it to be given by a CFI. In no place in §61.55(b) does it state that the SIC qualification requirements be met with an authorized instructor on board. Now that I think about it, I wish I had changed the rule to read that way, but I didn't. This requirement can be met with a qualified PIC [e.g., §61.31(a)] for that type of airplane. Procedurally, the PIC would sign the applicant's logbook or training record as a basis for proving verification that the SIC applicant has met the SIC requirements of §61.55(b). The verification can be accomplished by simply logging these SIC ground and flight requirements of §61.55(b) and then the PIC signs the SIC applicant's logbook/training record.

QUESTION 2: Is any documentation required to document the SIC qualification time?

ANSWER 2: Ref. §61.51(a)(1); Yes, the SIC ground and flight qualification requirements of §61.55(b) must be logged. Per §61.51(a), it states, in pertinent part, "Each person must document and record the following time . . . aeronautical experience used to meet the requirements for a certificate, rating, or flight review of this part." And §61.55 (i.e., SIC qualifications and requirements) is ". . . of this part." And the SIC ground and flight qualification requirements of §61.55(b) is ". . . aeronautical experience used to meet the requirements for a certificate, rating . . . of this part." Yes, the SIC ground and flight qualification requirements of §61.55(b) must be logged.

61.56

QUESTION 10: The Pilot Proficiency Award Program covered by Advisory Circular 61-91H requires as stated in paragraph (7)(a)(3), one hour of instrument training in an airplane, FAA-approved aircraft simulator, or training device as stated in paragraph (7)(a)(3). Who is authorized to conduct that instrument training? Does it have to be a CFI-IA? Or can it be a CFI-A (no IA)?

ANSWER 10: Ref. §61.56(e) and §61.195(c); A flight review required by §61.56(c) is different than the "Instrument Proficiency Check" of §61.57(d). They are two separate requirements. The flight instructor who administers the Instrument Proficiency Check of §61.57(d) must hold a CFII-Airplane rating AND as per §61.195(c), the flight instructor must ". . . hold an instrument rating on his or her flight instructor certificate and pilot certificate that is appropriate to the category and class of aircraft in which instrument training is being provided."

QUESTION 1: When a restricted pilot certificate is issued on the basis of a foreign pilot certificate, does that pilot need to comply with the requirements of FAR 61.56 (BFR or equivalent).

ANSWER 1: §61.56(c); Yes, the BFR applies to foreign pilots who are exercising their U.S. pilot certificate. As per §61.56(c) states, in pertinent part, ". . . no person may act as pilot in command of an aircraft unless, since the beginning of the 24th calendar month before the month in which that pilot acts as pilot in command, that person has--

(1) Accomplished a flight review given in an aircraft for which that pilot is rated by an authorized instructor; and

1. A logbook endorsed from an authorized instructor who gave the review certifying that the person has satisfactorily completed the review."

NOTE: A foreign pilot must meet the § 61.56 review requirement BEFORE exercising the privileges of a restricted certificate.

QUESTION 2: If that same foreign pilot had just passed a test for a new privilege in that foreign country, and, it was a valid ICAO test, then is that acceptable as a BFR (even though the foreign inspector or instructor was not the holder of a US instructor or US examiner authorization)?

ANSWER 2: §61.41(b); No, it is not acceptable for a foreign instructor to make the endorsement for a BFR [i.e., §61.56(c)(2)]. As per §61.41(b), "A flight instructor described in paragraph (a) of this section is only authorized to give endorsements to show training given." But a foreign instructor is not permitted to do the sign off for the BFR. That has to be done by an appropriately rated U.S. certificated flight instructor.

61.57

QUESTION 9: The flight review requirements of FAR 61.56(a) requires 1 hour of flight training and 1 hour of ground training which includes a review of the current general operating and flight rules of part 91 and a review of those maneuvers and procedures that, at the discretion of the person giving the review, are necessary for the pilot to demonstrate the safe exercise of the privileges of the pilot certificate. If the person getting the flight review holds an Instrument-Airplane rating on his certificate does the review have to be given by a CFI-IA and include instrument procedures such as radial intercepts, approaches, etc.? Can a CFI-A (but no Instrument-Airplane rating on his CFI) give the flight review to the instrument rated pilot and can that CFI cover any instrument maneuvers such as those that might be given to a Private pilot under 61.107?

ANSWER 9: Ref. §61.193 and §61.195(c); You're incorrectly mixing up the flight review requirements of §61.56(c) with the Instrument Proficiency Check of §61.57(d). They are two separate requirements. But if you're asking whether a CFI-ASE only can administer the Instrument Proficiency Check of §61.57(d), the answer is no. The flight instructor must hold a CFII-Airplane rating to administer the Instrument Proficiency Check of §61.57(d).

61.63

I would appreciate your thoughts on the following conclusions that I have drawn regarding the conduct of training and checking in FTD/Simulators.

ASSUMPTION: The FTD/Simulator in question is approved by the FAA for all maneuvers. §61.63(e)(3) stipulates that in order to use a simulator or FTD it must be in accordance with an approved course at a training center under Part 142. §61.63(e)(4) goes on to say that if you want to complete "ALL" training and testing in a simulator/FTD the simulator must be level C or D. Basically, as I read §61.63 (additional rating other than ATP), a simulator/FTD cannot be used at all (for any part) of training or testing unless it is in a Part 142 program. (I know that Parts 121 and 141 stand alone and are not discussed here). Conversely, §61.157(g) stipulates that in order to use a simulator/FTD to accomplish "ALL" training and tests it must be used under, and be a part of, a Part 142 training center.

QUESTION: An applicant wants to get a B737 type rating added to his ATP certificate. He wants to use a B737 simulator fully approved by the National Sim Team (FAA) and only use this simulator for the maneuvers allowed by the ATP practical test standards (FAA-S-8081-5C). According to the practical test standards this person would only have to use an actual B737 airplane for the maneuvers in section VI A,B,C,D,F of the appendix.

So, how come if a pilot is adding a type rating (B737) to his commercial certificate and wants to use a simulator, the simulator must be part of, and used under, a Part 142 course? I ask this question because the language of §61.157 only requires that the simulator be part of a Part 142 course if the applicant wants to use the simulator for "ALL" training and testing. It seems as if the standards/requirements for adding a type rating to an ATP are less than those of adding a type rating to a commercial certificate.

One last comment. If the applicant has to go to the airplane for part of the training and testing because he does not meet certain requirements specified in §61.157, he must complete those maneuvers identified in §61.157 (g)(7)(i). This course of action results in a limitation on his certificate. However, if this same applicant just uses the practical test standards he can complete all but those few maneuvers, listed in VI of the PTS, in a Level B simulator (approved by the FAA). {Interestingly, the maneuvers he must do in the airplane (listed in section VI of the PTS) are different than those specified in §61.157(g)(7)(i)}. But, more importantly, since this applicant did not participate in a Part 142 course he would not have any limitation on his certificate. Again, all this stems from the language construction differences between §61.63 and §61.157 with respect to the word "ALL" and whether or not using a simulator/FTD requires that its use be part of a Part 142 program.

What I have just said above, is somewhat complex. I don't blame you if it is hard to follow. Perhaps it was intended that for the purposes of simulator/FTD use, §61.63 and §61.157 are the same. However, a close reading of the language points out the issues I have described above. Also, the PTS seemingly allows an individual to rent a simulator (e.g. level B) from an airline or training center, have an "authorized instructor" provide some training, comply with the endorsement requirements of §61.157 (b), and then accomplish all of the type rating check (except those maneuvers listed in section VI of the PTS appendix) in the simulator. When this is done, the same applicant would take this same instructor and rent a B737 airplane to finish the training and checking on those few items identified in Section VI of the PTS appendix. I know its hard to rent a B737, but the same principles would apply with a citation, for example.

ANSWER: Ref. §61.63(e)(4) or §61.157(g)(3)(i), as appropriate; First of all in regards to your assumptions, §61.63(e)(4), states, in pertinent part, ". . . To complete all training and testing . . ." Otherwise, this means if you're intending to use a flight simulator to conduct ". . . ALL training and testing . . ." then it must be in a Level C or D flight simulator. If the applicant is not intending to conduct ". . . ALL training and testing . . ." in a flight simulator, then the applicant may perform some of the training and testing in other than a Level C or D flight simulator and some in the aircraft. However, in this situation, the tasks required to be performed in the aircraft are at least preflight inspection, normal takeoff, normal ILS approach, missed approach, and normal landing [i.e., in accordance with §61.63(e)(9)(i) or §61.157(g)(7)(i), as appropriate]. Additionally, what training tasks and testing tasks can be performed in a flight simulator or flight training device will be so stated in a letter of qualification from the National Simulator Team, AFS-205. And then the Training Center Program Manager, in accordance with the National Simulator Team's letter of qualification, approves the individual maneuvers that can be performed in the Part 142­approved training program.

Second assumption, in accordance with §142.1(c), the answer is no, your statement ". . . an individual rents a simulator (e.g. level B) from an airline or training center . . ." is not permissible. If an individual wants to utilize a flight simulator or flight training device for training and testing, it must be accordance with a Part 142­approved training program. Or in the case of a Part 121 or Part 135 air carrier training program, that person must be pilot employee of that air carrier.

Third assumption, "The FTD/Simulator in question is approved by the FAA for all maneuvers" is not correct. In accordance with §61.63(e)(4)(i) [or §61.157(g)(3)(i), as appropriate], ". . . The flight simulator must be qualified and approved as Level C or Level D . . ." and the applicant would have to meet the aeronautical experience requirements §61.63(e)(4)(ii) [or §61.157(g)(3)(ii), as appropriate]. An FTD cannot be approved for all maneuvers.

Fourth assumption, your statement "He wants to use a B737 simulator fully approved by the National Sim Team (FAA) and only use this simulator for the maneuvers allowed by the ATP practical test standards (FAA-S-8081-5C)" is not entirely correct. The way its works is the National Simulator Team, AFS-205 qualifies what training tasks and testing tasks can be performed in a flight simulator or flight training device. And then the Training Center Program Manager, in accordance with the National Simulator Team's letter of qualification, approves the individual maneuvers that can be performed in the Part 142­approved training program.

Fifth assumption, your statement "I ask this question because the language of §61.157 only requires that the simulator be part of a Part 142 course if the applicant wants to use the simulator for "ALL" training and testing" is correct if ". . . The flight simulator must be qualified and approved as Level C or Level D . . ." [i.e., §61.63(e)(4)(i) or §61.157(g)(3)(i), as appropriate].

As for your statement, "Interestingly, the maneuvers he must do in the airplane (listed in section VI of the PTS) are different than those specified in §61.157(g)(7)(i)", the rule §61.157(g)(7)(i) ALWAYS prevails. Whenever there is a difference between the verbiage in the PTS and the Federal Regulations, the Federal Regulation will always prevail. AFS-840 is working with AFS-630 to change the PTS.

QUESTION 2: Ref. §61.63(c)(4); Situation is I have an application that has been returned from Airmen Records on an applicant who is seeking an additional class rating (airplane multiengine land) onto the applicant's existing Private Pilot certificate. The examiner stated the person's application failed to show the required solo cross country time. I thought §61.63(c)(4) only required that the amount of training and kind of training was determined by the instructor and the aeronautical experience/training was whatever was needed to prepare the applicant for the practical test. The Airmen Records examiner indicated that the applicant had to meet the training requirements of §61.109(b)(3) and (4). Is this true?

ANSWER 2: No, the applicant does not need to meet the aeronautical experience requirements of §61.109(b)(3) and (4). The person already holds a Private Pilot Certificate with an airplane single land rating. Section 61.63(c)(4) states:

"(4) Need not meet the specified training time requirements prescribed by this part that apply to the pilot certificate for the aircraft class rating sought unless the person holds a lighter-than-air category rating with a balloon class rating and is seeking an airship class rating and

The key phrase here is "Need not meet the specified training time requirements . . ." Otherwise, the only aeronautical experience/training required is determined by the instructor. And, the aeronautical experience/training required is that what the instructor has determined is needed to prepare the applicant for the practical test. The rationale behind this, besides §61.63(c)(4) provides for it, is this person already holds a Private Pilot Certificate with an airplane single engine land rating and is only seeking an airplane multiengine land class rating which is in the same aircraft category as the single engine land airplane.

61.65

QUESTION 6: An applicant holds a Commercial certificate (ASEL) and is now working towards an Instrument­Airplane rating which requires at least 40 hours of actual or simulated instrument time as required by 61.65(d)(2).

QUESTION 6a: If the applicant has already obtained some actual or simulated instrument time on the areas of operation of covered in §61.65 but did so in the course of obtaining his Private/Commercial certificate, do those hours count in meeting the requirements of §61.65(d)(2)?

ANSWER 6a: Ref. §61.65(d)(2); I can't give you a yes or no straight answer to your question. It depends. The flight instructor is going to have to review the applicant's training records and see whether the training received is equivalent and creditable to the training required by §61.65(c). But again, it has to have been accomplished after the applicant received his or her Private Pilot Certificate. Because the training required for the Private Pilot applicant by §61.109(a)(3) is not "instrument training."

QUESTION 6b: Can some of those 40 hours be in simulated or actual instrument conditions with a non-CFI safety pilot qualified under §91.109?

ANSWER 6b: Ref. §61.65(d)(2); Yes, some of the 40 hours of aeronautical experience required by §61.65(d)(2) can be performed with safety pilot on board. Per §61.65(d)(2)(i), only 15 hours of the 40 hours of §61.65(d)(2) has to be given by a CFII. However, if any of the training is performed in a flight simulator or flight training device, that training must be given by a CFII [i.e., §61.65(e)] or given by an IGI or AGI [i.e., §61.215(b) or (c)].

QUESTION: §61.65(a)(7); I have a situation where an applicant who holds a Commercial Pilot Certificate with an Airplane Single Engine Land rating, a Rotorcraft-Helicopter rating, and an Instrument-Airplane rating. The applicant is seeking an Instrument-Helicopter rating. Does this applicant have to take the Instrument-Helicopter knowledge test?

ANSWER: No, this applicant is not required to take the Instrument-Helicopter knowledge test. As per §61.65(a)(7), it states in pertinent part, ". . . however, an applicant is not required to take another knowledge test when that person already holds an instrument rating;"

Now I know FAA Orders 8700.1 and 8710.3C have not been updated with the new Part 61. But these revisions are in progress. So as always, if there is a conflict between a Federal Regulation and a procedure in an FAA Order, the Federal Regulation ALWAYS wins out.

QUESTION 1: Ref. §61.65(a)(8)(i); The situation is we have an applicant for an Instrument Rating-Airplane in a Cessna 337 who holds a Commercial Pilot Certificate with an airplane single engine and a multiengine land ratings. The person's pilot certificate reads as follows:

COMMERCIAL PILOT

AIRPLANE SINGLE & MULTIENGINE LAND

The carriage of passengers for hire in airplanes on cross country flights in excess of 50 nautical miles or at night is prohibited.

The applicant previously qualified for an Airplane-Multiengine Rating in a Cessna 310. The applicant is now applying for an Instrument Rating-Airplane and intends to use a Cessna 337. Is this permissible without having the "Limited to Center Thrust" statement on the applicant's pilot certificate?

ANSWER 1: It is permissible for the Cessna 337 to be utilized for the Instrument Rating-Airplane practical test and no "Limited to Center Thrust" statement will need to be placed on the applicant's pilot certificate.

The rationale for not requiring the "Limited to Center Thrust" statement is because the applicant has already demonstrated the Area of Operation VIII Emergency Operations [Commercial Pilot Practical Test Standards - FAA-S-8081-12A] during the practical for the Airplane Multiengine Rating. And this practical test is for an Instrument-Airplane Rating and no place in the Instrument Rating Practical Test Standards does it require the person to demonstrate loss of directional control (Vmc) as is the case in the Commercial Pilot Practical Test Standards - FAA-S-8081-12A. Therefore, since the applicant already demonstrated the capability to pilot a conventional multiengine airplane (Cessna 310) performing the tasks in the Area of Operation VIII Emergency Operations [Commercial Pilot Practical Test Standards - FAA-S-8081-12A], further testing of these tasks are not necessary.

Additional rationalization: Prior to the applicant accomplishing the Instrument-Airplane practical test in the Cessna 337, that applicant satisfactorily completed the Commercial Pilot-AMEL practical test in a Cessna 310. I REPEAT, THAT APPLICANT COMPLETED THE COMMERCIAL PILOT-AMEL PRACTICAL TEST IN A CESSNA 310. During that practical test, the applicant demonstrated satisfactory skills in Area of Operation VIII, Emergency Operations:

Task B - Maneuvering with one engine inoperative

Task C - Loss of Directional Control Demonstration

Task D - Engine Failure During Takeoff before Vmc (Simulated)

Task E - Engine Failure After Lift-Off (Simulated)

Task F - Approach and Landing with an Inoperative Engine (Simulated)

Now during the Instrument-Airplane rating practical test IN THE CESSNA 337, the applicant will be required to perform Area of Operation VII Emergency Operations:

Task B - Engine Failure During Straight-and-Level Fight and Turns (Multiengine)

Can this task be performed in a Cessna 337 and meet all the objectives of Task B. The answer is YES IT CAN. And no place does it require the applicant to demonstrate Vmc on this task.

Task C - Instrument Approach-One Engine Inoperative (Multiengine)

Can this task be performed in a Cessna 337 and meet all the objectives of Task C. The answer is YES IT CAN. And no place does it require the applicant to demonstrate Vmc on this task.

Now for an explanation to the statement in the Instrument Airplane PTS on page viii (i.e., "To obtain an instrument rating with multiengine privileges, an applicant must demonstrate competency in a multiengine airplane not limited to center thrust . . . The multiengine airplane that is used to obtain multiengine privileges must have a Vmc speed established by the manufacturer and produce an asymmetrical thrust configuration with the loss of one or more engines"). This applicant has demonstrated competency in a multiengine airplane that has a ". . . Vmc speed established by the manufacturer and produce an asymmetrical thrust configuration with the loss of one or more engines." This applicant has previously demonstrated competency in a CESSNA 310 that has a ". . . Vmc speed established by the

manufacturer . . ." during the Commercial Pilot-AMEL practical test.

Furthermore, this statement in the Instrument Airplane PTS on page viii is for an applicant who only holds an Airplane Multiengine Land rating that is limited to center thrust. This is not the case here. This applicant holds the Airplane Multiengine Land without that limited to center thrust limitation.

Therefore, upon completion of the practical test for the Instrument-Airplane Rating in the Cessna 337, the applicant's pilot certificate would read as follows:

COMMERCIAL PILOT

AIRPLANE SINGLE & MULTIENGINE LAND

INSTRUMENT - AIRPLANE

QUESTION 2: Ref. §61.65(a)(8)(i); The situation is we have an applicant for an Instrument Rating-Airplane in a Cessna 337 who holds a Private Pilot Certificate with an Airplane Single Engine and a Multiengine Land ratings. The person's pilot certificate reads as follows:

PRIVATE PILOT

AIRPLANE SINGLE & MULTIENGINE LAND

The applicant previously qualified for an Airplane-Multiengine Rating in a Cessna 310. The applicant is now applying for an Instrument Rating-Airplane and intends to use a Cessna 337. Is this permissible without having the "Limited to Center Thrust" statement on the applicant's pilot certificate?

ANSWER 2: Yes, it is permissible for the Cessna 337 to be utilized for the Instrument Rating-Airplane practical test and no "Limited to Center Thrust" statement will need to be placed on the applicant's pilot certificate.

The rationale for not requiring the "Limited to Center Thrust" statement is because the applicant has already demonstrated the Area of Operations X Emergency Operations [Private Pilot Practical Test Standards - FAA-S-8081-14] during the practical for the Airplane Multiengine Land Rating. And this practical test is for an Instrument-Airplane Rating and no place in the Instrument Rating Practical Test Standards does it require the person to demonstrate loss of directional control (Vmc) as is the case in the Private Pilot Practical Test Standards - FAA-S-8081-14. Therefore, since the applicant already demonstrated the capability to pilot a conventional multiengine airplane (Cessna 310) performing the tasks in the Area of Operation X Emergency Operations [Private Pilot Practical Test Standards - FAA-S-8081-14], further testing of these tasks are not necessary.

Additional rationalization: Prior to the applicant accomplishing the Instrument-Airplane practical test in the Cessna 337, that applicant satisfactorily completed the Private Pilot-AMEL practical test in a Cessna 310. I REPEAT, THAT APPLICANT COMPLETED THE PRIVATE PILOT-AMEL PRACTICAL TEST IN A CESSNA 310. During that practical test, the applicant demonstrated satisfactory skills in Area of Operation X, Emergency Operations:

Task B - Maneuvering with one engine inoperative

Task C - Loss of Directional Control Demonstration

Task D - Engine Failure During Takeoff before Vmc (Simulated)

Task E - Engine Failure After Lift-Off (Simulated)

Task F - Approach and Landing with an Inoperative Engine (Simulated)

In addition, that applicant demonstrated satisfactory skills performing Area of Operation IX Basic Instrument Maneuvers [Private Pilot Practical Test Standards - FAA-S-8081-14] IN A CESSNA 310.

Now during the Instrument-Airplane rating practical test IN THE CESSNA 337, the applicant will be required to perform Area of Operation VII Emergency Operations:

Task B - Engine Failure During Straight-and-Level Fight and Turns (Multiengine)

Can this task be performed in a Cessna 337 and meet all the objectives of Task B. The answer is YES IT CAN. And no place does it require the applicant to demonstrate Vmc on this task.

Task C - Instrument Approach-One Engine Inoperative (Multiengine)

Can this task be performed in a Cessna 337 and meet all the objectives of Task C. The answer is YES IT CAN. And no place does it require the applicant to demonstrate Vmc on this task.

Now for an explanation to the statement in the Instrument Airplane PTS on page viii (i.e., "To obtain an instrument rating with multiengine privileges, an applicant must demonstrate competency in a multiengine airplane not limited to center thrust . . . The multiengine airplane that is used to obtain multiengine privileges must have a Vmc speed established by the manufacturer and produce an asymmetrical thrust configuration with the loss of one or more engines"). This applicant has demonstrated competency in a multiengine airplane that has a ". . . Vmc speed established by the manufacturer and produce an asymmetrical thrust configuration with the loss of one or more engines." This applicant has previously demonstrated competency in a CESSNA 310 that has a ". . . Vmc speed established by the

manufacturer . . ." during the Private Pilot-AMEL practical test.

Furthermore, this statement in the Instrument Airplane PTS on page viii is for an applicant who only holds an airplane multiengine land rating that is limited to center thrust. This is not the case here. This applicant holds the Airplane Multiengine Land rating without that limited to center thrust limitation.

Therefore, upon completion of the practical test for the Instrument-Airplane Rating in the Cessna 337, the applicant's pilot certificate would read as follows:

PRIVATE PILOT

AIRPLANE SINGLE & MULTIENGINE LAND

INSTRUMENT - AIRPLANE

61.71

QUESTION 1: Ref. §61.71(a); When an applicant completes an approved Part 141 course of training, does an examiner need to review the times on the "Airman Certification and/or Rating Application" (FAA Form 8710­1) to insure the applicant's aeronautical experience meet Part 141 aeronautical experience requirements, as appropriate?

ANSWER 1: Ref. §61.71(a); Yes, the FAA expects an examiner to review the times on the "Airman Certification and/or Rating Application" (FAA Form 8710­1) to insure the applicant's aeronautical experience meet the appropriate aeronautical experience requirements of Part 141. However, the aeronautical experience times may not meet the appropriate minimum aeronautical experience requirements of Part 141, because the school's approved course of training is one that has been approved in accordance with §141.55(d) or (e).

The rule that most closely applies to your question is addressed in §61.71(a), which states:

(a) A person who graduates from an approved training program under part 141 of this chapter is considered to have met the applicable aeronautical experience, aeronautical knowledge, and areas of operation requirements of this part if that person presents the graduation certificate and passes the required practical test within the 60­day period after the date of graduation.

But as per §61.71(a), if an applicant is a graduate of Part 141 approved course of training, that applicant

". . . is considered to have met the applicable aeronautical experience, aeronautical knowledge, and areas of operation requirements of this part" (e.g., Part 61).

However, during the examiner's review of the applicant's "Airman Certification and/or Rating Application" (FAA Form 8710­1), if the examiner found that the times to be less than the required Part 141 aeronautical experience requirements, then the FAA expects that examiner to at least question the local FAA FSDO or the Chief Instructor about it. Knowing the way most Part 141 schools operate, an examiner could question the school's Chief Instructor and the matter would probably get resolved right then.

QUESTION 2: Ref. §61.13(a); When an applicant has completed a Part 141 training course, does the time need to be shown in the record of time on the "Airman Certification and/or Rating Application" (FAA Form 8710­1) and does the examiner need to verify this time or make sure some minimum requirements have been met?

ANSWER 2: Yes, pilot time must be shown in the appropriate blocks on the "Airman Certification and/or Rating Application" (FAA Form 8710­1).

Yes, the FAA expects the examiner to review the applicant's "Airman Certification and/or Rating Application" (FAA Form 8710­1) to determine that the time shown on the application accurately reflects the experience logged in training records or logbook.

The FAA expects an examiner to review each applicant's "Airman Certification and/or Rating Application" (FAA Form 8710­1) to determine that the times shown on the application meet the minimum requirements of Part 141. However, if the times do not meet the minimum aeronautical experience requirements, then the examiner should at least inquire why the applicant's times do not meet the requirements. It may be the school's approved course of training is one that has been approved in accordance with §141.55(d) or (e). But a simple conversation with the Chief Flight Instructor or with the local FSDO should answer that question.

61.73

QUESTION: After reading several FAQs pertaining to 61.73(c) I am left confused over who paragraph (c) pertains to. Could you please give an example of an applicant that COULD use 61.73(c)? Furthermore what is the definition of a "former rated military pilot"?

Based on the answers posted to the FAQ it seems that only a former military pilot that is still in the military, regardless of how long it has been since they flew, can use 61.73(c) to obtain a certificate. So a

former military pilot that has not flown in two years but is still in the military can get their certificate but a military pilot who retired or got out two years ago cannot? What is the difference between these two pilots'

qualifications? I do not read anywhere in 61.73 that still being in the military makes a difference. If you are a former rated military pilot, you are a former rated military pilot regardless of whether you are still in the military or not.

ANSWER: Ref. §61.73(b) and (c); Your statement "So a former military pilot that has not flown in two years but is still in the military can get their certificate but a military pilot who retired or got out two years ago cannot . . . ." is not correct.

"A rated military pilot or former rated military pilot who has been on active flying status within the 12 months before applying . . ." means, in effect, a person who has been on active military flying status in the preceding 12 calendar months and holds a current military aeronautical status. That person must only comply with §61.73(b)(1), (2), and (3) to obtain a pilot certificate and ratings.

An example of a ". . . rated military pilot . . . who has been on active flying status within the 12 months before

applying . . ." is a person who holds an active flying slot in an F16 squadron on September 1, 1997. It is now September 16, 1998 and his military aeronautical status is current. His aeronautical status is current ". . . within the 12 calendar months before the month of application . . ." that person ". . . has been on active flying status . . ." This pilot meets the definition of ". . . rated military pilot . . . who has been on active flying status within the 12 months before applying . . ." In this example, that pilot need only comply with §61.73(b)(1), (2), and (3).

An example of a ". . . former rated military pilot who has been on active flying status within the 12 months before applying . . ." is a person who resigned from the military on September 1, 1997. It is now September 16, 1998. That "former rated military pilot" has been on active flying status within the 12 months before applying for his pilot certificate and ratings and thus only needs to comply with §61.73(b)(1), (2), and (3). Now if it had been October 1, 1998, that pilot becomes a ". . . former rated military pilot who has not been on active flying status within the 12 calendar months before the month of application . . ." And thus, that pilot must comply with §61.73(c)(1) and (2).

"A rated military pilot or former rated military pilot who has not been on active flying status within the 12 calendar months before the month of application . . ." means, in effect, a person who hasn't been on active military flying status in the preceding 12 calendar months and no longer holds a current military aeronautical status. That person must comply with §61.73(c)(1) and (2) to obtain a pilot certificate and ratings.

An example of a "former rated military pilot who has not been on active flying status within the 12 calendar months before the month of application . . ." is where a military pilot re-signed from the military on August 1, 1997 after completing his/her assignment. It is now September 16, 1998 and my military aeronautical status lapsed on August 31, 1998 at 12 midnight. This pilot meets the definition of a ". . . rated military pilot who has not been on active flying status within the 12 calendar months before the month of application . . . ." And thus, this pilot must comply with §61.73(c)(1) and (2).

Or another example, at the completion of World War II, a "former rated military pilot" resigned from the U.S. Army-Air Corp on in September 30, 1945. It is now September 16, 1998. This is an example of a ". . . former rated military pilot who has not been on active flying status within the 12 calendar months before the month of application . . ." And thus, this pilot must comply with §61.73(c)(1) and (2).

Another an example, I am a military pilot who has been re-assigned from an active piloting slot into a staff position at the Pentagon on August 1, 1997. It is now September 16, 1998 and my military aeronautical status lapsed on August 31, 1998 at 12 midnight. I have allowed my aeronautical status to lapse during my assignment as a staff officer and at no time ". . . within the 12 calendar months before the month of application . . ." can I show that I have been on active flying status. This pilot meets the definition of ". . . not on active flying status during the 12 calendar months before the month of application . . ." In this example, that pilot must comply with §61.73(c)(1) and (2).

As for your question "What is the difference between these two pilots' qualifications . . ." §61.73(b) applies to "A rated military pilot or former rated military pilot who has been on active flying status within the 12 months before applying . . ." and §61.73(c) applies to "A rated military pilot or former rated military pilot who has not been on active flying status within the 12 calendar months before the month of application . . ."

61.75

General Guidance on §61.75:

1. The original purpose for the establishment of §61.75 was to:

a. Meet our ICAO commitments where the U.S. has agreed to recognize other ICAO member countries' pilot certificates and ratings; and

b. Permit foreign pilots to operate U.S. registered aircraft in the United States.

2. As of August 4, 1997, all ratings applied for on the basis of §61.75 will be for Private Pilot Privileges Only.

3. If a foreign pilot wants an unrestricted U.S. pilot certificate then that foreign pilot must comply with the same Part 61 requirements as a U.S. citizen.

QUESTION 1: What are the limitations and restrictions that are required to be placed on a U.S. restricted pilot certificates that are issued on the basis of a foreign pilot license, per §61.75? Since some foreign pilot licenses have various limitations such as "night limitation." "weight limitation", make and model limitation, etc. do we need to place those same limitations on the U.S. restricted pilot certificate that is being issued?

ANSWER 1: Ref. §61.75(e)(3); There are two possible answers to your question depending on whether this situation is for:

1. 1a) Initial issuance of a U.S. restricted Private Pilot Certificate.

2. 1b) Re-issuance of a U.S. restricted Commercial Pilot Certificate.

ANSWER 1a: The first answer is, if it's a restricted US Private Pilot Certificate that is being issued, then the only limitations are:

Issued on the basis of and valid only when accompanied by (name of country) license No. ______________. All limitations and restrictions on the (name of country) pilot license apply.

Therefore, as an example, a foreign pilot is applying for a restricted U.S. Private Pilot Certificate that is being issued on the basis of that person holding a foreign pilot license (private or higher) with an Airplane Single Engine Land rating. The restricted U.S Private Pilot Certificate would read as follows:

Private Pilot

Airplane Single Engine Land

Issued on the basis of and valid only when accompanied by (name of country) license No. ____________. All limitations and restrictions on the (name of country) pilot license apply.

ANSWER 1b: If the question involves a re-issuance of a restricted U.S. Commercial Pilot Certificate (the original restricted U.S. Commercial Pilot Certificate was issued prior to rewrite of Part 61 on August 4, 1997), then that requires another answer. With the new §61.75, it requires any new ratings be issued for Private Pilot Privileges regardless of the level of foreign pilot license held. Now we won't take away the certificate level of the restricted U.S. pilot certificate, but any new ratings will be issued for Private Pilot privileges only. Therefore, if a person had been previously issued a restricted U.S. Commercial Pilot Certificate (and that certificate was issued prior to August 4, 1997), then that person is allowed to continue to hold that restricted U.S. Commercial Pilot Certificate. But any new ratings will be issued at Private Pilot privileges only.

For an example, a foreign pilot holds a restricted U.S. Commercial Pilot Certificate (that was issued prior to August 4, 1997) with Airplane Single & Multiengine Land Rating and Instrument Airplane (U.S. Test Passed). The applicant has since obtained an Airplane Single Engine Sea rating in his home country and is now returned to the United States and is applying to have that ASES rating added to his restricted U.S. Commercial Pilot Certificate. The re-issuance of the restricted U.S. Commercial Pilot Certificate would read as follows:

Commercial Pilot Certificate

Airplane Single & Multiengine Land

Instrument Airplane (U.S. Test Passed)

Private Pilot Privileges - Airplane Single Engine Sea

Issued on the basis of and valid only when accompanied by (name of country) pilot license No. ___________. All limitations and restrictions on the (name of country) pilot license apply. Not valid for the carriage of persons or property for compensation or hire or for agricultural aircraft operations.

The reason we have to continue to place the above limitations on the reissued U.S. restricted Commercial Pilot Certificates is because it's the only way to describe the limitations and privileges afforded these reciprocity certificates. These restricted U.S. Commercial Pilot Certificate holders are not afforded the same privileges that are permitted to unrestricted U.S. Commercial Pilot Certificate holders under §61.133.

QUESTION 2: Situation, we have a holder of a Mexican pilot license who was issued (prior to August 4, 1997) the following restricted U.S. Commercial Pilot Certificate and ratings with an ASEL rating and Instrument-Airplane (U.S. Test Passed) and who holds the following the Mexican Commercial Pilot License:

U.S. Mexico

Commercial Pilot Certificate Commercial Pilot License

Airplane Single Engine Land Airplane Single & Multiengine Land

Instrument-Airplane (U.S. Test Passed) Instrument-Airplane

Not valid for carriage of persons or property for compensation

or hire or for agricultural aircraft operations.

Issued on the basis of and valid only when accompanied by

Mexican License No. 5551212.

All limitations and restrictions on the Mexican Pilot License apply.

This foreign pilot now wants to add an AMEL rating onto his existing restricted U.S. Commercial Pilot Certificate by taking a practical test (i.e., U.S. Test Passed). Is this applicant required to meet the aeronautical experience requirements of §61.129(b)? If so, is the applicant required to show the appropriate aeronautical experience requirements on the submitted FAA Form 8710­1, Airman Certificate and/or Rating Application?

ANSWER 2: Ref. §61.75(a) and FAA Order 8700.1, Volume 2, page 29-2, paragraph 5.H.(4) and M; The answer is the applicant cannot qualify for the AMEL rating at the Commercial Pilot Certificate level by only taking the Commercial Pilot-AMEL practical test. The applicant can only qualify for the AMEL rating for Private Pilot privileges. Therefore, the applicant is not required to meet the aeronautical experience requirements of §61.129(b), but is required to meet the aeronautical experience requirements of §61.109(b). And yes, the applicant is required to show the aeronautical experience requirements of §61.109(b) on the submitted FAA Form 8710­1, Airman Certificate and/or Rating Application.

The re­issued restricted U.S. Commercial Pilot Certificate will read as follows:

Commercial Pilot Certificate

Airplane Single Engine Land

Private Pilot Privileges - Airplane Multiengine Land (U.S. Test Passed)

Instrument-Airplane (U.S. Test Passed)

Not valid for carriage of persons or property for compensation or hire or for agricultural aircraft operations.

Issued on the basis of and valid only when accompanied by Mexican License No. 5551212. All limitations and restrictions on the Mexican Pilot License apply.

NOTE 1: Ref. §61.75(c); In this situation, the foreign pilot has sought to add the AMEL rating by taking the Private Pilot-AMEL practical test, but the pilot could have simply applied to add the AMEL rating on the basis that he holds an AMEL rating on his foreign pilot license and no practical test would've been involved. As per FAA Order 8700.1, Volume 2, page 29-2, paragraph 5. M which states, in pertinent part:

". . . However, if the applicant requests that a rating be added to the restricted U.S. certificate on the basis of that rating having been added to his/her foreign pilot license by the issuing country, no knowledge or practical test is required."

NOTE 2: Ref. §61.123; The situation here is the applicant is applying to add an AMEL rating to his restricted U.S. Commercial Pilot Certificate by only taking a practical test. Therefore, the applicant will receive the connotation "U.S. Test Passed" for Private Privileges Only. If the applicant wants an AMEL rating at the Commercial Pilot Certificate level, then the applicant must comply with the requirements of Subpart F of Part 61 just like any U.S. citizen would be required to do. Which means, the foreign pilot must comply with §61.123 (i.e., receive the required ground and flight training and satisfactorily accomplish the required knowledge and practical test). And then he'll be issued a unrestricted U.S. Commercial Pilot Certificate with an AMEL rating and Instrument-Airplane rating.

NOTE 3: In order for the applicant's rating "Private Pilot Privileges - Airplane Multiengine Land (U.S. Test Passed)" listed above to not be issued with the limitation "VFR Only" the applicant must have complied with the requirement in the Private Pilot-AMEL PTS (i.e., page 2-i) which states "If the applicant is instrument rated and instrument competency in a multiengine airplane has not been previously demonstrated, TASKS B, C, and D may be performed at this time, otherwise VFR ONLY restriction shall be specified on the issued certificate.

QUESTION 3: The situation is a holder of a Mexican pilot license who wants to apply for an unrestricted U.S. Commercial Pilot Certificate with an AMEL rating and Instrument-Airplane rating. The pilot currently holds a restricted U.S. Commercial Pilot Certificate that reads as follows:

Commercial Pilot Certificate

Airplane Single Engine Land

Private Pilot Privileges - Airplane Multiengine Land (U.S. Test Passed)

Instrument-Airplane (U.S. Test Passed)

Not valid for carriage of persons or property for compensation or hire or for agricultural aircraft operations. Issued on the basis of and valid only when accompanied by Mexican License No. 5551212. All limitations and restrictions on the Mexican Pilot License apply.

What are the requirements for this pilot to receive an unrestricted U.S. Commercial Pilot Certificate with an AMEL rating?

ANSWER 3: Ref. §61.123; The pilot is required to comply with the same requirements as a U.S. citizen is required to do when applying for a U.S. Commercial Pilot Certificate. The pilot must comply with the requirements of Subpart F of Part 61 just like any U.S. citizen is required to do. Which means, the pilot must comply with §61.123 (i.e., receive the required ground and flight training, receive the required instructor endorsements, and satisfactorily accomplish the required knowledge and practical tests). So, once the pilot complies with the certification requirements of §61.123, he would receive an unrestricted U.S. Commercial Pilot Certificate that would read:

Commercial Pilot Certificate Airplane Multiengine Land Instrument-Airplane

NOTE 1: The rating "Instrument-Airplane" has been placed on the unrestricted U.S. Commercial Pilot Certificate, because in this situation the applicant complied with the requirement of the Commercial Pilot­AMEL PTS (i.e., page 2-v) which states "If the applicant is instrument rated and instrument competency has been previously demonstrated in a multiengine airplane, AREA OF OPERATION IX, TASKS A, B, AND C need not be demonstrated." Otherwise, the applicant must demonstrate proficiency on AREA OF OPERATION IX, TASKS A, B, AND C in the multiengine land airplane to gain instrument privileges in the multiengine land airplane.

NOTE 2: In this situation, the foreign pilot would retain their previously issued restricted U.S. Commercial Pilot Certificate.

QUESTION 4: As a follow-on to Question 3, what does the foreign pilot need to do to obtain his ASEL rating onto his unrestricted U.S. Commercial Pilot Certificate?

ANSWER 4: Ref. §61.63(c)(4); The foreign pilot would only need to comply with the requirements of §61.63(c)(4) which pertain to applicants for an ". . . additional class rating . . ."

QUESTION 5: Ref. §61.75; The situation is we have a holder of a Canadian pilot license who holds a restricted U.S. Commercial Pilot Certificate with an ASEL rating. It is now after August 4, 1997 (when the new Part 61 went into effect), and the applicant wants to add an ASES rating onto his restricted U.S. Commercial Pilot Certificate on the basis he holds the ASES rating on his Canadian Commercial Pilot License, do we issue it the commercial pilot level or private pilot level?

ANSWER 5: You would re­issue the restricted U.S. Commercial Pilot Certificate, but the ASES rating would be issued for Private Pilot privileges only. Otherwise, the restricted U.S. Commercial Pilot Certificate would read as follows:

Commercial Pilot

Airplane Single Engine Land

Private Pilot Privileges - Airplane Single Engine Sea

Not valid for carriage of persons or property for compensation or hire or for agricultural aircraft operations. Issued on the basis of and valid only when accompanied by Canadian License No. 5551212. All limitations and restrictions on the Canadian Pilot License apply.

QUESTION 6: Situation is, we have a holder of a French pilot license who currently holds a restricted U.S. Commercial Pilot Certificate with an ASEL rating and Instrument-Airplane rating [i.e., because he satisfactorily completed the Instrument Foreign Pilot (IFP) knowledge test]. It is now after August 4, 1997 (when the new Part 61 came into effect), and the applicant wants to add an ASES rating onto his restricted U.S. Commercial Pilot Certificate by taking the practical test. May the applicant take the ASES practical test at the Commercial Pilot Pilot level or must it be performed at the Private Pilot Certificate level?

This pilot currently holds the following restricted U.S. Commercial Pilot Certificate and a French Commercial Pilot License that reads as follows:

U.S. French

Commercial Pilot Commercial Pilot

Airplane Single Engine Land Airplane Single Engine Land

Instrument-Airplane Instrument-Airplane

Not valid for carriage of persons or property for compensation or hire or for agricultural aircraft operations. Issued on the basis of and valid only when accompanied by French License No. 5551212. All limitations and restrictions on the French Pilot License apply.

ANSWER 6: Ref. §61.75(a) and (c); Under this scenario, the applicant is only seeking to add the ASES rating onto his restricted U.S. pilot certificate. Per §61.75(a), the applicant ". . . may apply for and be issued a private pilot certificate with the appropriate ratings . . ." Therefore, the ASES rating may only be added for Private Pilot privileges.

As per §61.75(c) which states:

"(c) Aircraft ratings issued. Aircraft ratings listed on a person's foreign pilot license, in addition to any issued after testing under the provisions of this part, may be placed on that person's U.S. pilot certificate."

Emphasis added ". . . in addition to any issued after testing under the provisions of this part . . ."

As per FAA Order 8700.1, Volume 2, page 29-2, paragraph 5. M which states, in pertinent part:

"If the applicant requests that a rating be added to his/her certificate ON THE BASIS OF MEETING OF THE REQUIREMENTS OF PART 61, the practical test and knowledge test, if applicable to the rating sought, must be passed prior to issuance of the rating . . ."

In this scenario, the applicant is only seeking to add a class rating to his restricted U.S. Commercial Pilot Certificate. Therefore, no knowledge test is required.

QUESTION 7: It is now after August 4, 1997 (when the new Part 61 came into effect). The situation is we have a holder of a Mexican pilot license, but in this scenario the applicant does not hold a U.S. pilot certificate. But he does hold a Mexican Commercial Pilot License with a Rotorcraft-Helicopter rating. The applicant is applying for a restricted U.S pilot certificate based on his Mexican Commercial Pilot License. Do we issue a U.S. Commercial Pilot or Private Pilot Certificate?

ANSWER 7: Ref. §61.75(a); Only a restricted U.S. Private Pilot Certificate with a Rotorcraft-Helicopter rating may be issued. The restricted U.S. Private Pilot Certificate would read as follows:

Private Pilot

Rotorcraft-Helicopter

Issued on the basis of and valid only when accompanied by Mexican License No. 551212. All limitations and restrictions on the Mexican Pilot License apply.

QUESTION 8: Situation, we have a holder of a Mexican pilot license who holds a restricted U.S. Commercial Pilot Certificate with an ASEL rating and Instrument-Airplane (U.S. Test Passed). The certificate was originally issued prior to August 4, 1997 on the basis of the foreign pilot holding a Mexican Commercial Pilot License.

NOTE: The foreign pilot holds the rating "Instrument-Airplane (U.S. Test Passed)" on his restricted U.S. Commercial Pilot Certificate. The connotation "Instrument-Airplane (U.S. Test Passed)" means the applicant satisfactorily accomplished the Instrument-Airplane rating requirements of §61.65 (i.e., accomplished the required ground and flight training and passed the required knowledge and practical test). If the rating had only showed

"Instrument-Airplane" on his restricted U.S. Commercial Pilot Certificate, then that would mean he only satisfactorily accomplished the Instrument Foreign Pilot knowledge test.

The foreign pilot applicant currently holds:

U.S. (restricted) Mexico

Commercial Pilot Certificate Commercial Pilot License

Airplane Single Engine Land Airplane Single Engine Land

Instrument-Airplane (U.S. Test Passed) Instrument-Airplane

Not valid for carriage of persons or property for compensation

or hire or for agricultural aircraft operations.

Issued on the basis of and valid only when accompanied by Mexican License No. 5551212.

All limitations and restrictions on the Mexican Pilot License apply.

This foreign pilot now wants to add a Glider rating to his existing restricted U.S. Commercial Pilot Certificate by taking a practical test (Notice: he has not accomplished the Commercial Pilot-Glider knowledge test). He does not hold a Glider rating on his Mexican Commercial Pilot License. Is this applicant required to meet the aeronautical experience requirements of §61.129(f)? If so, is the applicant required to show the appropriate aeronautical experience requirements on the submitted FAA Form 8710­1, Airman Certificate and/or Rating Application?

ANSWER 8: Ref. §61.75(a) and FAA Order 8700.1, Volume 2, page 29-2, paragraph 5.H.(4) and M; The applicant cannot qualify for the Glider rating at the Commercial Pilot Certificate level. The applicant has requested to add the additional glider category rating onto his existing restricted U.S. Commercial Pilot Certificate. The applicant can only apply for the Glider rating for Private Pilot privileges. Therefore, the applicant is not required to meet the aeronautical experience requirements of §61.129(f), but is required to meet the aeronautical experience requirements of §61.109(f). And yes, the applicant is required to show the aeronautical experience requirements of §61.109(f) on the submitted FAA Form 8710­1, Airman Certificate and/or Rating Application.

If the foreign pilot wants the Glider rating at the Commercial Pilot Certificate level, then that pilot must comply with the same requirements that a U.S. citizen is required to do when applying for a Glider rating at the Commercial Pilot Certificate level. The foreign pilot must comply with the requirements of Subpart F of Part 61 just like any U.S. citizen is required to do. Which means, the foreign pilot must comply with §61.123 (i.e., receive the required ground and flight training and satisfactorily accomplish the required knowledge and practical tests).

Per §61.75(a), the applicant may apply for an additional Glider rating to be added to his restricted U.S. Commercial Pilot Certificate, but the rating will only be issued for Private Pilot privileges. The re­issued restricted U.S. Commercial Pilot Certificate will read as follows:

Commercial Pilot Certificate

Airplane Single Engine Land

Private Pilot Privileges - Glider (U.S. Test Passed)

Instrument-Airplane (U.S. Test Passed)

Not valid for carriage of persons or property for compensation

or hire or for agricultural aircraft operations.

Issued on the basis of and valid only when accompanied by Mexican License No. 551212.

All limitations and restrictions on the Mexican Pilot License apply.

In this scenario, the applicant is only seeking to add an unpowered aircraft category rating [i.e., §61.63(b)(5)] to his restricted U.S. Pilot Certificate. Therefore, no knowledge test is required.

QUESTION 9: Ref. §61.75(a); A similar situation to Question 8 in that the Mexican applicant holds a restricted U.S. Commercial Pilot Certificate with an ASEL rating, but the applicant has passed a U.S. Commercial Pilot practical test in a single engine sea airplane. It was after August 4, 1997 when the new Part 61 came into effect and when the applicant passed the U.S. Commercial Pilot practical test in a single engine sea airplane. And the applicant wants the ASES rating added onto his restricted U.S. Commercial Pilot Certificate. Please note, the applicant passed the required U.S. Commercial Pilot practical test in a single engine sea airplane, but the applicant has received the required instructor endorsements for flight training, but the applicant has never passed the Commercial Pilot-Airplane knowledge test. Do we issue it the commercial pilot level or private pilot level?

ANSWER 9: The applicant should only been allowed to make application for Private Pilot Privileges for the ASES rating. However, it is noted the applicant passed the required U.S. Commercial Pilot practical test in a single engine sea airplane. Yes, a mistake was made here and the applicant should never have been permitted to make application for Commercial Pilot Privileges for the ASES rating. On the back of "Temporary Airman Certificate," FAA Form 8060-4, it states:

"This is an interim certificate issued subject to the approval of the Federal Aviation Administration pending the issuance of a certificate of greater duration. It becomes void-

* * * * *

2. Upon a finding by the FAA that an error has been made in its issuance;

* * * * *"

So, you would reissue the certificate at the Commercial Pilot Certificate level, but the ASES rating shall be issued for Private Pilot Privileges. Otherwise, the certificate would read:

Commercial Pilot

Airplane Single Engine Land

Private Pilot Privileges - Airplane Single Engine Sea (U.S. Test Passed)

Issued on the basis of and valid only when accompanied by Mexican License No.

551212. Not valid for carriage of persons or property for compensation or hire or for

agricultural aircraft operations. All limitations and restrictions on the Mexican Pilot

License apply.

In this situation, we're not going to "throw out" the results of the applicant passing a practical test, but we cannot issue the ASES rating at the Commercial Pilot Certificate level [i.e., §61.75(a)]. Even in the obsolete Q&A 73, I completely erred in the way that I answered a similar question. But we cannot compound the mistake by authorizing issuance of the rating at the Commercial Pilot Certificate level. The rating may only be issued at the Private Pilot Certificate level.

NOTE: With the adoption of the new Part 61, effective August 4, 1998, ALL new ratings added onto a restricted U.S. Commercial Pilot Certificate SHALL be issued for Private Pilot Privileges Only. If the foreign applicant wants U.S. Commercial Pilot Privileges, then that applicant must comply with §61.123 (i.e., receive the required ground and flight training, instructor endorsements, and satisfactorily accomplish the required knowledge and practical tests just like a U.S. citizen).

QUESTION 10: Except for medical reasons, can a U.S. pilot certificate be issued to a foreign pilot who is not able ". . . . to read, speak, write, and understand the English language?"

ANSWER 10: Ref. §61.75(b)(5); No, a foreign pilot does not qualify for a U.S. pilot certificate if he is unable ". . . to read, speak, write, and understand the English language . . ."

As per §61.75(b)(5), which states:

"(5) Is able to read, speak, write, and understand the English language. If the applicant is unable to meet one of these requirements due to medical reasons, then the Administrator may place such operating limitations on that applicant's pilot certificate as are necessary for the safe operation of the aircraft."

61.109

QUESTION 2: Can a Flight Instructor with an Airplane Single-Engine rating (but no Instrument-Airplane rating on his CFI) provide a Private Pilot applicant with the Flight Training required by §61.107(b)(1)(ix) and §61.109(a)(3)? [i.e., the basic instrument maneuvers and the 3 hours of flight training in a single-engine airplane on the control and maneuvering of an airplane solely by reference to instruments.]

ANSWER 2: Ref. §61.109(a)(3); Yes, a CFI with only an Airplane Single-Engine rating (but no Instrument-Airplane rating on his CFI) may provide a Private Pilot-ASEL applicant with the flight training required by §61.107(b)(1)(ix) and §61.109(a)(3). And the reason this answer is so is because the aeronautical experience of §61.109(a)(3) does not state "instrument training," but merely says:

"3 hours of flight training in a single-engine airplane on the control and maneuvering of an airplane solely by reference to instruments, including straight and level flight, constant airspeed climbs and descents, turns to a heading, recovery from unusual flight attitudes, radio communications, and the use of navigation systems/facilities and radar services appropriate to instrument flight;"

However, that is for §61.109(a)(3) ONLY. Because if it's for the Private Pilot airplane single engine training required by Part 141, Appendix B, paragraph 4.(b)(1)(iii), [i.e., ". . . 3 hours of instrument training in a single engine airplane . . ."] So that training must be given by a CFI with a ASE rating and an Instrument-Airplane rating on the flight instructor certificate.

QUESTION 1: The private pilot night aeronautical experience [i.e., §61.109(a)(2)] calls for ". . . 3 hours of night flight training . . ." Does this training have to be performed per the Part 1 night time definition (i.e., ". . . means the time between the end of evening civil twilight and the beginning of morning civil twilight, as published in the American Air Almanac, converted to local time) or per the §61.57(b) night time definition (i.e., ". . . beginning 1 hour after sunset and ending 1 hour before sunrise . . .")?

ANSWER 1: §61.57(b) and §61.109(a)(2); It requires this night time aeronautical experience be performed during the nighttime conditions described in §61.57(b). This training is required to be performed during the time period beginning 1 hour after sunset and ending 1 hour before sunrise. We want the training to be performed in "dark" night time conditions. As you are aware, the time between the end of evening civil twilight and the beginning of morning civil twilight is not even dark. Most times you can still see the sun on the horizon. We want the training to be performed in the dark of night.

QUESTION 2: Under §61.109(a)(2), the private pilot aeronautical experience requirements call for ". . . 3 hours of night flight training . . ." and under §61.109(a)(3), it calls for ". . . 3 hours of flight training in a single-engine airplane on the control and maneuvering of an airplane solely by reference to instruments . . ." Can these aeronautical experience requirements be combined?

ANSWER 2: §61.51(b)(3); No, the times cannot be combined. In §61.109(a)(2), the rule was intended that the person perform the night training using a combination of pilotage, dead reckoning, and radio navigation under night conditions under visual flight rules. It was never intended to allow this training to be combined with the instrument training aeronautical experience required by paragraph (a)(3). In legally reading §61.51(b)(3), notice the periods after each subparagraph [i.e., (i) Day or night. (ii) Actual instrument. (iii) Simulated instrument conditions in flight, a flight simulator, or a flight training device.] Therefore, that means these are separate requirements and you cannot combine the logging of night time and hood time.

{q&a-230} 

61.123

QUESTION: Under new Part 61 can an applicant present himself for a commercial flight test with the following in hand:

Private pilot certificate, issued on the basis of a foreign certificate (although still issued under "this part" re:§61.123 [h] ), written test for commercial only, aeronautical experience exceeding all private (U.S.) and commercial requirements.

Does this private pilot certificate issued on the basis of a foreign certificate meet the §61.123 (h) requirement that the "private pilot certificate issued under this part"?

ANSWER: Ref. §61.123(h); Yes, per §61.123(h) which reads:

"Hold at least a private pilot certificate issued under this part or meet the requirements of §61.73; and"

Therefore, it can be a private pilot certificate issued under §61.103 or under §61.75. Again the key phrase of §61.123(h) says ". . . private pilot certificate issued under this part . . ." And a private pilot certificate issued under §61.75 is ". . . under this part (e.g., Part 61). . ."

And to further my rationale in this answer, look at how §61.153(d)(3) is worded:

(d) Meet at least one of the following requirements:

* * * * *

(3) Hold either a foreign airline transport pilot or foreign commercial pilot license and an instrument rating, without limitations issued by a contracting State to the Convention on International Civil Aviation.

So, we even permit the holder of a foreign airline transport pilot or foreign commercial pilot license and an instrument rating to be used as a basis for applying for our U.S. airline transport certificate.

61.129

QUESTION 1: A Private Pilot ASEL holds an Instrument-Airplane rating. He is now working on his Commercial Pilot (ASEL) certificate. In meeting the aeronautical experience requirements of 61.129 does this pilot have to have the 10 hours of Instrument Training required by 61.129(a)(3)(i) even though he's had 18 hours of instrument training obtained under §61.65(c)(2)(i) and §61.65(e)(2)(ii) [15 hours of instrument flight training plus the 3 hours in preparation for the practical test]?

According to one Forum member who stated he talked to Allan Pinkston who, in turn, said he talked to you (Mr. Lynch), and the answer was yes, that the commercial pilot applicant would have to have the 10 hours Instrument Training required by 61.129(a)(3)(i) even though he already held an Instrument-Airplane rating. He (Fred) posted that information on CompuServe this weekend.

The folks would like to know if that is a correct answer and if so why? Why would the FAA require a commercial pilot applicant to get an additional 10 hours of Instrument Training when he already holds an instrument rating? Especially since there is no requirement in the Commercial PTS to be tested on instrument procedures. Only basic maneuvers and navigation in Area VII, Tasks A-F. They have read NPRM 95-11 and amendments 61-102, 61-103, and 61-104 and can not find any justification in those documents for that position.

ANSWER 1: Ref. §61.129(a)(3)(i); The answer is, the applicant must receive ". . . 10 hours of instrument training of which at least 5 hours must be in a single-engine airplane . . ." as required by §61.129(a)(3)(i). No place does the rule provide for an exception for a person who already holds an instrument rating. Additionally, in merely reading the rule [i.e., §61.129(a)(3)], it says the ". . . training on the areas of operation listed in §61.127(b)(1) of this part . . ." It doesn't say the training on the areas of operation listed in §61.127(b)(1) or §61.65 of this part. It says ". . . training on the areas of operation listed in §61.127(b)(1) of this part . . ." which is the Commercial Pilot airplane single engine training. But, if this instrument training (i.e., your statement of "18 hours of instrument training") was obtained after the applicant received his Private Pilot Certificate, and the training received is equivalent and creditable to the training required by §61.129(a)(3)(i), then the answer may be yes concerning whether the time may be counted toward the requirements of §61.129(a)(3)(i). HOWEVER, it is not just a simple yes or no answer that I can give to you. The flight instructor is going to have to review the applicant's training records and see whether the training received is equivalent and creditable to the training required by §61.129(a)(3)(i). But again, it has to have been accomplished after the applicant received his or her Private Pilot Certificate.

You have cited the following rules [i.e., "§61.65(c)(2)(i) and §61.65(e)(2)(ii)] in your question. Section 61.65 doesn't even have paragraphs (c)(2)(i) and (e)(2)(ii)?

QUESTION 3b: When an instructor provides the flight training required by §61.107(b)(1)(ix) and §61.109(a)(3) for the Private Pilot Certificate and the Airplane Single Engine Land rating can that be logged and signed off as "instrument training" provided it met the definition of §61.1(b)(10)? Would that training count towards the instrument training required by §61.65 and/or §61.129? Would such training by a CFI-IA meet the intent of §61.107(b)(1)(ix) and §61.109(a)(3)?

ANSWER 3b: Ref. §61.129(a)(3); In answer to your follow-up questions, where you asked, in effect, can the training given to satisfy the training §61.107(b)(1)(ix) and §61.109(a)(3) also be "double logged" to also satisfy training required by §61.65(d)(2)(i) and §61.129(a)(3)(i)? The answer is no, the training cannot be "double logged" or "counted twice" or however you want to say it. Read the words and the format of §61.129(a)(3) and (i) which reads as follows:

* * * * *

(3) 20 hours of training on the areas of operation listed in §61.127(b)(1) of this part that includes at least--

(i) 10 hours of instrument training of which at least 5 hours must be in a single-engine airplane;

* * * * *

It says ". . . training on the areas of operation listed in §61.127(b)(1) of this part . . ." It does not say training on the areas of operation listed in §61.127(b)(1) or the training on the areas of operation listed in §61.107(b)(1). So, the training accomplished for meeting the training requirements of §61.107(b)(1)(ix) and §61.109(a)(3) CANNOT be "double logged" to satisfy the training required by §61.65(d)(2)(i) and /or §61.129(a)(3)(i)

QUESTION: Reference §61.45(a)(1)(i). In an previously answered Q&A-89, you stated:

"Yes, a complex multiengine airplane can be used on the practical test to meet the complex airplane requirements of the Commercial Pilot Certificate for an airplane single engine land rating. However, if the applicant does not hold an airplane multiengine land rating, somebody else has to be the PIC for the practical test." Your answer was in response to a question where it was asked whether it was permissible under Part 61 to utilize a Piper Senaca II on the practical test for the complex airplane requirements for the Commercial Pilot Certificate with an airplane single engine land rating, even when the applicant is not rated in a multiengine airplane.

The rationale you stated in the answer was:

"This is the rationale behind this answer. The aeronautical experience for the commercial pilot certificate with a single engine airplane rating [i.e., §61.129(a)(3)(ii)] just says ". . . in an airplane that has a retractable landing gear, flaps, and a controllable pitch propeller. . ." Now for the commercial pilot certificate with a multiengine airplane rating [i.e., §61.129(b)(3)(ii)] it says ". . . in a multiengine airplane that has a retractable landing gear, flaps, and a controllable pitch propeller. . ." We made a distinction between the commercial pilot certificate with a single engine airplane rating [i.e., §61.129(a)(3)(ii)] vs. the commercial pilot certificate with a multiengine airplane rating [i.e., §61.129(b)(3)(ii)]. In the aeronautical experience for the commercial pilot certificate with a single engine airplane rating [i.e., §61.129(a)(3)(ii)] the rule is silent on whether the airplane has to be a single engine or multiengine. But in §61.129(b)(3)(ii), for the commercial pilot certificate with a multiengine airplane rating, the rule specifically requires the aeronautical experience be in a multiengine airplane."

However, in checking the tasks required by the Commercial Pilot-Airplane Multiengine Land Practical Test Standards, FAA-S-8081-12A, there is no requirement to demonstrate soft field takeoffs and landings in multiengine airplanes. Furthermore, the airplane flight manuals for the Piper Senaca II and most general aviation multiengine airplanes do not even address soft field takeoffs and landings. But the tasks required by the Commercial Pilot-Airplane Single Engine Land Practical Test Standards, FAA-S-8081-12A, require demonstration of soft field takeoffs and landings. So for the Commercial Pilot-Airplane Single Engine Land practical test when an applicant chooses to utilize a complex multiengine airplane for a Commercial Pilot-Airplane Single Engine Land practical test, are soft field takeoffs and landings required to be trained and/or be tested? How are we to evaluate the task of the soft field takeoff and landing in a complex multiengine airplane?

ANSWER: Reference §61.45(a)(1)(i); The answer is yes, soft field takeoffs and landings are required to be trained and tested, even for those applicants who choose to utilize a complex multiengine airplane for a Commercial Pilot-Airplane Single Engine Land practical test. In requiring the training and testing of the soft field takeoff and landing in a complex multiengine airplane, you are evaluating the applicant's ability to perform the soft field takeoff and landing task in a complex airplane, in accordance with the "Objective" described on page 1­12, paragraph C of the Commercial Pilot-Airplane Single Engine Land Practical Test Standards, FAA-S-8081-12A. Just because the airplane flight manual doesn't describe how to perform the soft field takeoff and landing task doesn't prohibit the training and testing of the maneuver. The rationale here, even multiengine airplanes takeoff and land on earth (dirt) runways and runways that are snow covered. So again, the answer is YES, soft field takeoffs and landings are required to be trained and tested, even for those applicants who choose to utilize a complex multiengine airplane for a Commercial Pilot-Airplane Single Engine Land practical test. The applicant's ability and technique is being evaluated to perform the soft field takeoff and landing task, as it relates to a complex airplane.

However, keep in mind, as I previously mentioned in Q&A 89, IF THE APPLICANT DOES NOT HOLD AN AIRPLANE MULTIENGINE LAND RATING, SOMEBODY ELSE HAS TO BE THE PIC FOR THE PRACTICAL TEST.

And furthermore in my Q&A-89, "THERE IS A DIFFERENCE FOR PART 141 SCHOOLS. THE RULES IN APPENDIX D OF PART 141 [I.E., PARAGRAPH (B)(1)(II)] SPECIFICALLY REQUIRE THE TRAINING TO BE IN A COMPLEX SINGLE ENGINE AIRPLANE FOR A COURSE OF TRAINING LEADING TO A COMMERCIAL PILOT CERTIFICATE WITH AN AIRPLANE SINGLE ENGINE RATING. YES, THE RULE WAS WRITTEN THAT WAY ON PURPOSE! WE SHOULD EXPECT BETTER STANDARDS FROM OUR PART 141 SCHOOLS WITHOUT QUESTION!"

QUESTION 1: Ref. §61.129(c)(4); Does the aeronautical experience requirement for ". . . 10 hours of solo flight in a helicopter on the areas of operation listed in §61.127(b)(3) of this part . . ." have to be accomplished after the applicant first holds a private pilot certificate? Or can the aeronautical experience earned as a student pilot be credited for meeting this requirement?

ANSWER 1: That aeronautical experience [i.e., ". . . 10 hours of solo flight in a helicopter on the areas of operation listed in §61.127(b)(3) of this part . . ." ] has to be earned while the applicant is seeking commercial pilot certification and the applicant must first hold at least a Private Pilot Certificate. As the rule [i.e., §61.129(c)(4)] states, it has to be ". . . on the areas of operation listed in §61.127(b)(3) of this part . . ." Otherwise, AT THE COMMERCIAL PILOT LEVEL.

The answer is NO, this aeronautical experience cannot be earned during the student pilot level.

QUESTION 2: The situation is I have an applicant who is seeking a Commercial Pilot Certificate-Helicopter rating via §61.123. The applicant accomplished his Private Pilot Certificate-Helicopter under a Part 141 approved training program. Therefore, what is the minimum solo time required to be shown on the FAA Form 8710­1 for accomplishing a Commercial Pilot Certificate-Helicopter rating when the applicant initially completed the Private Pilot Certificate-Helicopter rating under a Part 141 approved training program?

ANSWER 2: Ref. §61.129(c)(4) and Part 141, Appendix B, paragraph 5.(c); The answer is 15 hours of solo time.

As per Part 141, Appendix B, paragraph 5.(c), requires a minimum of ". . . 5 hours of solo flight training in a helicopter on the approved areas of operation in paragraph (d)(3) of section No. 4 of this appendix . . ." and as per §61.129(c)(4), requires a minimum of ". . . 10 hours of solo flight in a helicopter on the areas of operation listed in §61.127(b)(3) of this part . . ."

However, this minimum solo time requirement may be less because keep in mind the provisions of §141.55(d) and (e), which state, in pertinent part, ". . . approval for a period of not more than 24 calendar months for any of the training courses of this part without specifying the minimum ground and flight training time requirements of this part . . ." So if a Part 141 school has been approved for a reduced course time approval under §141.55(d) and (e), the total solo hours may be less. In these cases, it would be prudent (and HIGHLY RECOMMENDED) of the examiner to attach a note on the application to highlight this difference to the Airman Certification Branch, AFS-763, in Oklahoma City who process the application and issue the pilot certificates.

QUESTION 3: The situation is I have an applicant who is seeking a Commercial Pilot Certificate-Helicopter rating via §61.123. The applicant accomplished his Private Pilot Certificate-Helicopter under a non­approved training program. Therefore, what is the minimum solo time required to be shown on the FAA Form 8710­1 for accomplishing a Commercial Pilot Certificate-Helicopter rating?

ANSWER 3: Ref. §61.129(c)(4) and §61.109(c)(4); The answer is 20 hours of solo time.

As per §61.109(c)(4) requires a minimum of ". . . 10 hours of solo flight time in a helicopter, consisting of at least . . ." and as per §61.129(c)(4), requires a minimum of ". . . 10 hours of solo flight in a helicopter on the areas of operation listed in §61.127(b)(3) of this part . . ." So the answer is a total of 20 hours of solo time.

61.133

QUESTION 1: The situation is I have an applicant who holds a Private Pilot Certificate that reads as follows:

PRIVATE PILOT

AIRPLANE SINGLE ENGINE LAND

INSTRUMENT AIRPLANE

The applicant is seeking a Commercial Pilot Certificate and an Airplane Multiengine Land rating. The applicant has informed me the multiengine airplane (e.g., Cessna 310) is incapable of performing the flight by reference to instruments (i.e., Area of Operation IX, Tasks A, B, and C of the Commercial Pilot Practical Test Standards, FAA-S-8081-12A). Can the applicant be allowed to take the practical test and, if passed, receive the pilot certificate with eather a "VFR ONLY" limitation or the limitation, "The carriage of passengers for hire in multiengine airplanes on cross-country flights in excess of 50 nautical miles or at night is prohibited?"

ANSWER 1: Yes, Ref. §61.45(b)(2) and §61.133(b)(1) and FAA Order 8700.1, Volume 2, page 8-6, Section 2, paragraph 5.I.(3); an applicant can be allowed to use an aircraft that is incapable of performing the instrument areas of operations of the practical test. Per §61.45(b)(2), it states:

"(2) An applicant for a certificate or rating may use an aircraft with operating characteristics that preclude the applicant from performing all of the tasks required for the practical test. However, the applicant's certificate or rating, as appropriate, will be issued with an appropriate limitation."

And since the applicant already holds an Instrument-Airplane rating, there is no requirement to add the limitation "The carriage of passengers for hire in airplanes on cross-country flights in excess of 50 nautical miles or at night is prohibited." Per FAA Order 8700.1, Volume 2, page 6-5, Section 2, paragraph 5.k.(f)

Therefore, the limitation that would be placed on the applicant's pilot certificate who did not perform the required instrument Area of Operation IX, Tasks A, B, and C [of the Commercial Pilot Practical Test Standards, FAA-S-8081-12A] would be "Airplane Multiengine VFR Only." That limitation, per FAA Order 8700.1, Volume 2, page 8-6, Section 2, paragraph 5.I.(3), would be so noted with the limitation, "VFR Only," on the applicant's pilot certificate in the limitation section of that certificate.

So after the applicant satisfactorily accomplishes the Commercial Pilot Practical Test for the multiengine airplane land rating (but remember in this scenario the applicant DID NOT demonstrate instrument privileges in the multiengine airplane), so the applicant's newly issued pilot certificate will read as follows:

COMMERCIAL PILOT

AIRPLANE MULTIENGINE LAND

PRIVATE PILOT AIRPLANE SINGLE ENGINE LAND

INSTRUMENT - AIRPLANE

Airplane Multiengine VFR Only

QUESTION 3: The situation is I have an applicant who holds a Private Pilot Certificate with an Airplane Single and Multiengine Land rating and with an Instrument-Airplane rating (i.e., NOTE the applicant has already previously demonstrated instrument proficiency in both the single and multiengine airplanes). The applicant is now seeking a Commercial Pilot Certificate for an airplane multiengine land rating. Does the applicant have to perform the instrument requirements (i.e., Area of Operation IX, Tasks A, B, and C of the Commercial Pilot Practical Test Standards, FAA-S-8081-12A) on the practical test?

ANSWER 3: Ref. §61.133(b)(1); Commercial Pilot Practical Test Standards, FAA-S-8081-12A, page 2-v; No, the applicant does not have to perform Area of Operation IX, Tasks A, B, and C. Per the Commercial Pilot Practical Test Standards, FAA-S-8081-12A, page 2-v, it states "* If the applicant is instrument rated, and instrument competency has been previously demonstrated in a multiengine airplane, AREA OF OPERATION IX, TASKS A, B, and C need not be demonstrated."

Question 4: Ref. §61.3(e) and §61.65(a)(8); I have a situation where an applicant is seeking an additional class rating in a multiengine land airplane at the private pilot certificate level. The applicant currently holds a Private Pilot Certificate with an Airplane Single Engine Land rating and an Instrument-Airplane rating. The applicant does not want instrument privileges for the multiengine land airplane rating and does not want to demonstrate the required instrument tasks (i.e., Instrument Rating Practical Test Standards, FAA-S-8081-4B, page viii). Does the applicant get issued a Private Pilot Certificate with a "VFR Only" limitation on the Airplane Multiengine Land rating?

Answer 4: Ref. FAA Order 8700.1, Volume 2, page 8-6, Section 2, paragraph 5.I.(3); Yes, the applicant's pilot certificate will be issued with the limitation "VFR Only" following the Airplane Multiengine Land rating. Per FAA Order 8700.1, Volume 2, page 8-6, Section 2, paragraph 5.I.(3) it states "If an instrument rating is added to a certificate using a single engine airplane, and the applicant has a multiengine airplane rating (land or sea), enter a VFR limitation for those multiengine privilege." Therefore, after the applicant satisfactorily accomplishes the additional airplane multiengine land rating at the Private Pilot Certificate level, the person's certificate will read as follows:

PRIVATE PILOT

AIRPLANE SINGLE AND MULTIENGINE LAND

INSTRUMENT - AIRPLANE

Airplane Multiengine VFR Only

61.157

QUESTION: Which rule applies during the initial proficiency check (PC) check for a PIC in Part 121, the one permitting failures and additional training during the check? Or the one calling for no failures in any area of operation?

BACKGROUND: 14 CFR section 61.157(f) allows a successful PC check under Part 121 or Part 135 to meet the requirements for a type rating, given that all required maneuvers are completed [successfully].

§ 61.43 states that the applicant for a type rating must demonstrate mastery of the aircraft with the successful outcome of each task performed never seriously in doubt; and that if an applicant fails any area of operation, that applicant fails the practical test.

§ 121.441(e), on the other hand, provides that during a PC check, if the pilot being tested fails any of the required maneuvers, the check airman has the authority to discontinue the check, give additional training, and begin the check again.

DISCUSSION: The more permissive language in Part 121 usually applies to PC checks. However, in Part 121 the initial PC check for a PIC is unique in that two testing processes are combined. One of those testing processes is to determine the pilot's qualification in respect to an FAA-approved air carrier pilot training program. The other testing process is to determine the pilot's qualification in respect to the Administrator's certification requirements. Note that the PIC applicant undergoing an initial PC check has just completed ground and flight training; and the applicant's instructor(s) have certified that training is complete and that the applicant is ready to take the practical test for the certificate.

ANSWER: It depends on whether or not certification activity is involved.

(1). In a Part 121 initial PC check for a PIC, in which certification activity occurs, § 61.43 applies, and no training is permitted during the check. The initial § 135.293 check for a PIC is also subject to § 61.43, and the PTS as well, permitting no training during the practical test.

(2). In any other PC check in Part 121, § 121.441(e) applies, and training is permitted during the check. [FAA policy is that a maximum of two failed tasks and two interruptions for training are permissible, provided that each interruption addresses a separate failed task.] By FAA policy, other checks conducted under § 135.293 and § 135.297 (i.e., checks not including certification activity) may be treated in the same manner as corresponding checks conducted under

§ 121.441(e), and limited training is permitted during the check.

REFERENCE: See HBAT 98-19, Air Carrier Pilot Certification Checks, paragraph 3.D.(3)

61.193

QUESTION 8: An instrument proficiency check required by 61.57(d) can be accomplished in a number of different ways including a check by an authorized flight instructor as permitted by §61.57(d)(2)(iv). Does that instructor have to be (in the case of an airplane) a CFI-IA?

ANSWER 8: Ref. §61.193; The instructor who conducts the Instrument Proficiency Check required by §61.57(d) must hold a CFII for the appropriate aircraft-instrument rating.

QUESTION 9: The flight review requirements of FAR 61.56(a) requires 1 hour of flight training and 1 hour of ground training which includes a review of the current general operating and flight rules of part 91 and a review of those maneuvers and procedures that, at the discretion of the person giving the review, are necessary for the pilot to demonstrate the safe exercise of the privileges of the pilot certificate. If the person getting the flight review holds an Instrument-Airplane rating on his certificate does the review have to be given by a CFI-IA and include instrument procedures such as radial intercepts, approaches, etc.? Can a CFI-A (but no Instrument-Airplane rating on his CFI) give the flight review to the instrument rated pilot and can that CFI cover any instrument maneuvers such as those that might be given to a Private pilot under 61.107?

ANSWER 9: Ref. §61.193 and §61.195(c); You're incorrectly mixing up the flight review requirements of §61.56(c) with the Instrument Proficiency Check of §61.57(d). They are two separate requirements. But if you're asking whether a CFI-ASE only can administer the Instrument Proficiency Check of §61.57(d), the answer is no. The flight instructor must hold a CFII-Airplane rating to administer the Instrument Proficiency Check of §61.57(d).

QUESTION 1: Isn't it true that if a flight instructor is required to act as PIC and is compensated, that a 2nd class medical would be required? If the argument is that the flight instructor is not being compensated as a pilot, but as an instructor why must they act as PIC? There is no allowance for a pilot receiving compensation for pilot services to not have at least a current 2nd class medical. The regulation does not talk about instructors receiving compensation, so the 2^nd class medical requirement must apply the them, also.

ANSWER 1: : An instructor is NOT necessarily required to act as PIC to give instruction, but is allowed to LOG instruction time as PIC per § 61.51(e)(3). The only situations in which an instructor is required to ACT as PIC are during training of a student pilot or giving instrument instruction to a non-instrument rated person while operating under instrument flight rules (on an activated instrument flight plan) regardless of whether it is instrument meteorological or visual meteorological conditions (IMC or VMC).

An instructor is not required to act as PIC while giving simulated instrument instruction to a person using a view limiting device, but the instructor may be acting as safety pilot during this instruction. In accordance with § 61.23(3)(iv) the instructor must hold a valid third class medical to act as PIC or to be the safety pilot. This is because of required crewmember status, not due to instruction duties.

Note that no medical is required per § 61.23(b)(5) when exercising the privileges of a flight instructor certificate if the person is not acting as PIC or serving as a required pilot flight crewmember.

True, the regulation is silent to the issue of compensation for instruction. The government does not set rates or prevent free instruction. But, as you say, a pilot receiving compensation for PILOT SERVICES (Commercial or above) does have to possess at least a current 2nd class medical. But, note the emphasis on "PILOT SERVICES." Instruction is NOT a pilot service

QUESTION 2: If a second class medical is not necessary for an instructor to receive compensation, then it appears that a private pilot can be a flight instructor, right? For Example a pilot could surrender their commercial for a private and be a compensated flight instructor working a Part 61 or 141 school. It is possible. ------ Do you have any guidance that I can reference that allows flight instructors to act without a commercial certificate?

ANSWER 2: NO. That is not possible. To be eligible for a flight instructor certificate or rating, § 61.183(c) requires a person to hold a commercial pilot certificate or airline transport pilot certificate with the appropriate category and class rating. Surrender of the commercial or ATP certificate to only hold a private certificate would effectively include the surrender of the instructor certification. There is no provision for a person to obtain or hold a flight instructor certificate without a commercial or ATP certificate. But "HOLDING" a commercial or ATP certificate does not demand a valid medical. Only the performance of given privileges require a specific class medical per 61.23(a) (1), (2), or (3).

QUESTION 3: Is it permissible to act as CFI with only a 3rd class Medical if there is no compensation? ... Is it permissible to act as CFII in IMC with only a 3rd class Medical if there is no compensation?

ANSWER 3: YES to both questions, provided for the IMC flight you are current to act as pilot-in-command as required by 14 CFR part 61 section 61.57. In fact, you CAN receive compensation. Reference 61.193 for flight instructor privileges and 61.195 for limitations. Your commercial certificate and instrument rating provide the flight privileges as a crewmember (PIC while operating on the IFR flight plan) as well as eligibility to obtain and continue to hold the instructor certificate, but the third class medical is adequate for the flight.

QUESTION: Can a CFI holding a Commercial Pilot's License ASEL

with an Instrument rating conduct an Instrument Pilot Ground School or

must that person be a CFII?

ANSWER: Reference § 61.193(f). You must hold the instrument flight instructor rating, CFII (or instrument ground instructor certificate per § 61.215(c)) to conduct an instrument ground school. The privilege for a flight instructor to give training and endorsements must be "within the limitations of the certificate." An instrument instructor rating is required to exercise the privilege as allowed by

§ 61.193(f).

Note also, § 61.65(a)(3) and § 61.1(b)(2)(ii). Assuming the attendees of the ground school intend to take the instrument rating knowledge test, they will be required to present an endorsement at the test center for eligibility. In accordance with 61.65(a)(3) this endorsement must be made by an "authorized instructor". Such "authorized instructor", in accordance with 61.1(b)(2)(ii) must hold a current flight instructor certificate issued under part 61 when conducting ground training or flight training in accordance with the privileges and limitations of his or her flight instructor certificate.

QUESTION: Can a person who only hold a Flight Instructor Certificate with an Instrument-Airplane rating (CFII) conduct a BFR?

ANSWER: Ref. §61.193; No, a person who only holds a Flight Instructor Certificate with an Instrument-Airplane rating (CFII) may not conduct a BFR. As per §61.193,

"A person who holds a flight instructor certificate is authorized within the limitations of that person's flight instructor certificate and ratings to give training and endorsements that are required for, and relate to:"

"(g) A flight review, operating privilege, or recency of experience requirement of this part;"

QUESTION: Can a CFI holding a Commercial Pilot's License ASEL with an Instrument rating conduct an Instrument Pilot Ground School or must that person be a CFII?

ANSWER: Reference § 61.193(f). You must hold the instrument flight instructor rating, CFII (or instrument ground instructor certificate per § 61.215(c)) to conduct an instrument ground school. The privilege for a flight instructor to give training and endorsements must be "within the limitations of the certificate." An instrument instructor rating is required to exercise the privilege as allowed by § 61.193(f).

Note also, § 61.65(a)(3) and § 61.1(b)(2)(ii). Assuming the attendees of the ground school intend to take the instrument rating knowledge test, they will be required to present an endorsement at the test center for eligibility. In accordance with 61.65(a)(3) this endorsement must be made by an "authorized instructor". Such "authorized instructor", in accordance with 61.1(b)(2)(ii) must hold a current flight instructor certificate issued under part 61 when conducting ground training or flight training in accordance with the privileges and limitations of his or her flight instructor certificate.

61.195

QUESTION 3a: Can a Flight Instructor with only an Instrument-Airplane rating on his CFI certificate (but no Airplane Single-Engine rating on his CFI, but does have the Airplane Single Engine Land rating on his pilot certificate) give the flight training required by §61.107(b)(1)(ix) and §61.109(a)(3) for the Private Pilot Certificate and the Airplane Single Engine Land rating?

ANSWER 3a: Ref. §61.195(c); The answer is yes, provided the flight instructor holds ". . . an instrument rating on his or her flight instructor certificate and pilot certificate that is appropriate to the category and class of aircraft in which instrument training is being provided." The answer is addressed in §61.195(c), which states:

(c) Instrument Rating. A flight instructor who provides instrument flight training for the issuance of an instrument rating or a type rating not limited to VFR must hold an instrument rating on his or her flight instructor certificate and pilot certificate that is appropriate to the category and class of aircraft in which instrument training is being provided.

Read the words ". . . must hold an instrument rating on his or her flight instructor certificate and pilot certificate that is appropriate to the category and class of aircraft in which instrument training is being provided" VERY CAREFULLY. Yes, that is what it means.

So in the example in your question, the flight instructor would have to hold instrument privileges for the Airplane Single Engine Land rating on his pilot certificate AND ALSO instrument instructing privileges for the single engine airplane on his Flight Instructor Certificate. Yes, that is what §61.195(c) means! In the past, I have heard of an unwritten rumor going around that supposedly said a flight instructor who only held a Flight Instructor Certificate-Instrument Airplane and Commercial Pilot Certificate with an ASEL rating and Instrument-Airplane rating could provide instrument training to an applicant in a multiengine airplane. THAT PRACTICE IS NOT PERMITTED ANY LONGER, if it was ever permitted in the first place!

As an example, a flight instructor, who only holds a CFII-A rating is giving instrument training to an Instrument-Airplane applicant in an single engine land airplane. That flight instructor must hold the following:

Flight Instructor Certificate Commercial Pilot Certificate or ATP

Instrument-Airplane Airplane Single Engine Land

Instrument-Airplane

Another example. A flight instructor, who only holds a CFII-A rating is giving instrument training to an Instrument-Airplane applicant in an multengine land airplane. That flight instructor must hold the following:

Flight Instructor Certificate Commercial Pilot Certificate or ATP

Instrument-Airplane Airplane Multiengine Land

Instrument-Airplane

However this example is a "NO-NO" and a violation of §61.195(c). A flight instructor, who only holds the following and wishes to give instrument training to an Instrument-Airplane applicant in an multengine land airplane shall not do so.

Flight Instructor Certificate Commercial Pilot Certificate or ATP

Instrument-Airplane Airplane Single Engine Land

Instrument-Airplane

As per §61.195(c), which states in pertinent part: ". . . must hold an instrument rating on his or her flight instructor certificate and pilot certificate that is appropriate to the category and class of aircraft in which instrument training is being provided."

QUESTION 4: Does the "instrument training" required by §61.65(c)(2)(i), §61.65(e)(2)(ii) and, §61.129(a)(3)(i) have to be given by a Flight Instructor with an Instrument-Airplane rating on his CFI certificate?

FAR 61.195(c) [i.e., flight instructor limitations and qualifications] requires that a flight instructor who provides instrument flight training for the issuance of an instrument rating or a type rating not limited to VFR must hold an instrument rating on his or her flight instructor certificate and pilot certificate that is appropriate to the category and class of aircraft in which instrument training is being provided.

Thus the training required by §61.65(c)(2)(i) and §61.65(e)(2)(ii) would appear to require a CFI-IA. What about the instrument training required by §61.129(a)(3)(i)? §61.195(c) does not specifically require that the CFI have an Instrument-Airplane rating on his CFI certificate for the §61.129(a)(3)(i) instrument training.

ANSWER 4: Ref. §61.195(c); The answer is, the CFI ". . . must hold an instrument rating on his or her flight instructor certificate and pilot certificate that is appropriate to the category and class of aircraft in which instrument training is being provided" to conduct the "instrument training" of §61.129(a)(3)(i). Read my more detailed answer in Answer 3a, shown above.

I don't know what regulations you are citing when you say §61.65(c)(2)(i) and §61.65(e)(2)(ii)? Those rules never existed even in the pre- August 4, 1997 version of Part 61. I would suggest you obtain a current version of Part 61.

QUESTION 5: Can a CFI without an Instrument-Airplane rating on his CFI certificate give flight training to a pilot working on an Instrument-Airplane rating under §61.65 provided that the time is not used to meet the requirements of §61.65(c)(2)(i) and §61.65(e)(2)(ii)? Can that timed be logged as "flight training"? For example, an Instrument-Airplane applicant needs additional basic training in the control and maneuvering of an airplane solely by reference to instruments such as that that might be required of a private pilot applicant under §61.107(b)(1)(ix).

ANSWER 5: Ref. §61.195(c); If you're asking whether the training required by §61.65(c)(1) through (10) can be given by a flight instructor who does not hold an Instrument-Airplane rating on his flight instructor certificate, the answer is no. Read my more detailed answer in Answer 3a., shown above.

61.197

QUESTION: Ref. §61.197; The question is, is an Aviation Safety Inspector-Operations (ASI) required to hold a flight instructor certificate to renew a flight instructor certificate based on: 1. Graduation certificate from a FIRC; 2. Activity; or 3. Acquaintance.

ANSWER: Provided there is no practical test (i.e., oral and/or flight test) involved in the renewal of a flight instructor certificate, then yes it's permissible for ASI's-Operations and AST's, who do not hold a flight instructor certificate to renew a flight instructor certificate. However, the basis for renewal must be and ONLY BE because the:

1. Applicant's activity conforms to §61.197(a)(2)(i);

§61.197(a)(2)(i) states "(i) A record of training students showing that, during the preceding 24 calendar months, the flight instructor has endorsed at least five students for a practical test for a certificate or rating and at least 80 percent of those students passed that test on the first attempt;"

2. Applicant's duties and responsibilities conform to §61.197(a)(2)(ii); or

§61.197(a)(2)(ii) states "(ii) A record showing that, within the preceding 24 calendar months, the flight instructor has served as a company check pilot, chief flight instructor, company check airman, or flight instructor in a part 121 or part 135 operation, or in a position involving the regular evaluation of pilots; or"

3. Applicant holds a current graduation certificate from a FIRC in accordance with §61.197(a)(2)(iii).

§61.197(a)(2)(iii) states "(iii) A graduation certificate showing that, within the preceding 3 calendar months, the person has successfully completed an approved flight instructor refresher course consisting of ground training or flight training, or a combination of both."

If a practical test (i.e., oral and/or flight test) is involved in the renewal of the flight instructor certificate, then an ASI who holds ". . . pilot and flight instructor certificates in the category and class for which they conduct certification tests . . ." is required, as per:

FAA Order 8700.1, Vol. 2, page 1-4, paragraph 3, which states: "Inspectors must possess the pilot and flight instructor certificates in the category and class for which they conduct certification tests."

And FAA Order 8700.1, Vol. 2, page 1-4, paragraph 3.C., which states: "Inspectors hired after January 1986 may not conduct practical tests for flight instructor applicants before successfully completing the Pilot Certification Testing Procedures Course (Course No. 21100)."

61.213

QUESTION 1: An AGI applicant holds satisfactory test results for the FOI, BGI, and IGI. As per FAA Order 8710.1, Volume 2, page 158-2, paragraph 7.B.(4), does the candidate gets AGI+IGI? I am told that AFS­763 says that now they only get BGI+IGI. In other words, an IGI no longer upgrades the BGI to an IGI. Is this correct?

ANSWER 1: Ref. §61.213(a)(4)(i) and (iii); The applicant would receive the following:

Ground Instructor Certificate

Basic

Instrument

If the applicant wants the Advanced rating, he must comply with §61.213(a)(4)(ii).

61.215

QUESTION 2: A rumor is going around that says an AGI only can teach instruments in a training device, and further this would qualify for an instrument rating. This rumor is based on the fact that an AGI can conduct ground training, and ground training is defined in §61.1(b)(8) as being any training other than flight training. I said such a view would negate the fact that instructors can log pilot time when acting as an instructor of a training device, and would also negate the whole point of the IGI versus the AGI and that the AGI had no substantial instrument knowledge requirement. In other words, is it true that an AGI only (no IGI rating held) can teach instruments in a training device that would qualify the applicant for an instrument rating?

ANSWER 2: Ref. §61.215(b) and (c) and §142.47; Per §61.215(b), a holder of an Advanced Ground Instructor Certificate can teach:

(1) Ground training in the aeronautical knowledge areas required for the issuance of any certificate or rating under this part;

(2) Ground training required for any flight review; and

(3) A recommendation for a knowledge test required for the issuance of any certificate under this part.

Per §61.215(c), a holder of an Instrument Ground Instructor rating is authorized to provide:

(1) Ground training in the aeronautical knowledge areas required for the issuance of an instrument rating under this part;

(2) Ground training required for an instrument proficiency check; and

(3) A recommendation for a knowledge test required for the issuance of an instrument rating under this part.

So this means, in effect, a person who holds an Advanced Ground Instructor rating can teach ". . . the AERONAUTICAL KNOWLEDGE AREAS required for the issuance of any certificate or rating under this part . . ." So, a person who holds an Advanced Ground Instructor rating can teach ". . . the AERONAUTICAL KNOWLEDGE AREAS . . ." of §61.65(b).

However, per §142.47, it is permissible for a holder of an Advanced Ground Instructor Certificate to teach instrument training in a flight simulator and flight training device in an approved course of training in a Part 142 Training Center.

141.5

QUESTION 4: Ref. §141.101(d) and §141.5(d); This rule only requires a school to retain a student's records for 1 year from the date the student: (1) Graduates from the course to which the record pertains; (2) Terminates enrollment in the course to which the record pertains; or (3) Transfers to another school. But §141.5(d) requires, in effect, that the records be maintained ". . . 24 calendar months preceding the month the application is made for the pilot school certificate. What is it, 1 year or 24 calendar months?

ANSWER 4: Per §141.5(d), a school would have to have records that can show the school "Has trained and recommended for pilot certification and rating tests, within 24 calendar months preceding the month the application is made for the pilot school certificate . . ."

However, the rule doesn't necessarily require that the school maintain all of the student's records. The school would only need to retain the records that can show the school "Has trained and recommended for pilot certification and rating tests, within 24 calendar months preceding the month the application is made for the pilot school certificate . . .", [i.e., as per §141.5(d)]. So, a copy of the student's graduation certificate, the completed FAA Form 8710-1 "Airman Certificate and/or Rating Application," and "Temporary Airman Certificate" would suffice.

141.33

QUESTION 1: Ref. §141.33(a); Situation is I have received a multi-media video from a school who is seeking Part 141 approval for its Private Pilot Certification Course for an Airplane Single Engine Land Rating. On the video the school's owners are teaching the ground school course and we are uncertain of their qualifications. There are other actors also teaching certain portions of the ground school course and we don't know their qualifications. Do the actors on the multi-media video have to meet the qualification requirements of §141.33(a)? Otherwise, do these actors need to hold a ground instructor certificate or flight instructor certificate?

ANSWER 1: No, the actors on the multi-media video do not have to meet the qualification requirements of §141.33(a) nor do they need to hold a ground instructor certificate or flight instructor certificate. Section 141.33(a) does not apply to these actors on the multi-media video. Section 141.33(a) only applies to those instructor personnel who are assigned to the school's course.

141.35

QUESTION 2: Ref. §141.35(e); Can a flight instructor who during the course of training (i.e., an FAA­approved Part 141 course of training) teaches some ground training during the flight portion of the course of training use that experience in meeting the provisions of §141.35(e) [i.e., ". . . must have 6 months of experience as a ground school instructor at a certificated pilot school."

ANSWER 2: The answer is yes, a flight instructor who can show experience ". . . as a ground school instructor at a certificated pilot school" while providing ground instruction during the flight portion of the training course at the certificated pilot school may use that experience for meeting the requirements of §141.35(e).

141.39

QUESTION 1: Ref. §141.39(b) and (c); Aircraft that hold a primary airworthiness certificate can be used in an approved Part 141 training course. As per FAR Part 43, it is permissible for the "pilot -owner", who holds at least a private pilot certificate and who has been trained by and has received a certificate of competency from an FAA­approved source to perform maintenance on primary category aircraft. As per Advisory Circular No.21-37, it permits the "pilot-owner" to perform a defined list of maintenance tasks identified on the type certificate data sheet or listed in the STC of a primary category aircraft. Is it permissible for "pilot -owner" to perform maintenance on their own primary aircraft that is used in an approved Part 141 training course?

ANSWER 1: Per §141.39(c), a "pilot -owner" is not permitted to perform maintenance on their own primary aircraft that is used in an approved Part 141 training course. As it states in §141.39(c):

"(c) Each aircraft must be maintained and inspected in accordance with the requirements under subpart E of part 91 of this chapter that apply to aircraft operated for hire;"

And when you read subpart E of Part 91, it directs you to FAR Part 43 (§43.7). And per FAA Order 8130.2C, Figure 4-12, page 108, paragraph 3, it states "No person may operate a primary category aircraft certificated under FAR 21.184 unless within the preceding 12 calendar months the annual inspection required by FAR 91.409(a) has been performed. A 100­hour inspection required by FAR 91.409(b) is required if the aircraft is used for rental or flight instruction for hire. The aircraft may only be returned to service by persons authorized by FAR 43.7."

OTHERWISE, it means any maintenance performed on a primary category aircraft that is used in a Part 141 training course MUST be performed by an appropriately qualified FAA­approved repair station or an appropriately qualified and rated FAA mechanic. However, if any of all want to continue to discuss the issue, you may contact Bob Henley, AAI­100, 202 267-9632. He was the project officer on the primary category aircraft.

141.53

QUESTION 2: Ref. §141.53(a); Now as a follow-on, some people have asked whether it is permissible for schools to make application for these so called "Professional Pilot Courses" under §141.57?

As an example, the scenario is a Part 141 school that is applying for a combined Private Pilot Certification Course-Airplane Single Engine Land Rating, Instrument-Airplane, and a Commercial Pilot Certification Course-Airplane Single Engine Land Rating. Otherwise, this Part 141 school wants to combine the requirements of Appendix B, Appendix C, and Appendix D of Part 141 into one syllabus. Is this possible under just ONE syllabus or does the school have to submit individual syllabuses for each rating?

ANSWER 2: The answer is yes, it is possible for these "Professional Pilot Courses" to be approved under ONE syllabus. However, it would require, as it states in §141.57, ". . . the applicant shows that the training course contains features that could achieve a level of pilot proficiency equivalent to that achieved by a training course prescribed in the appendixes of this part . . ." Otherwise, the breakdown in the course time would have to be as follows:

Total in Each Phase Dual Time Solo Time

Appendix B:

Ground 35

Flight 35 20 5

Appendix C:

Ground 30

Flight 35 35

Appendix D:

Ground 35

Flight 120 55 10

190 110 15

However, the eligibility requirements for enrollment in the FLIGHT portions of the different phases of the course still apply. As in the case of the Private Pilot-ASEL portion of this syllabus, per Appendix B, paragraph 2 it states:

"2. Eligibility for enrollment. A person must hold a recreational or student pilot certificate prior to enrolling in the flight portion of the private pilot certification course."

And as in the case of the Instrument Rating-Airplane portion of this syllabus, per Appendix C, paragraph 2 it states:

"2. Eligibility for enrollment. A person must hold at least a private pilot certificate with an aircraft category and class rating appropriate to the instrument rating for which the course applies prior to enrolling in the flight portion of the instrument rating course."

As in the case of the Commercial Pilot-ASEL portion of this syllabus, per Appendix D, paragraph 2 it states:

"2. Eligibility for enrollment. A person must hold the following prior to enrolling in the flight portion of the commercial pilot certification course:

(a) At least a private pilot certificate; and

(b) If the course is for a rating in an airplane or a powered­lift category, then the person must:

(1) Hold an instrument rating in the aircraft that is appropriate to the aircraft category rating for which the course applies; or

(2) Be concurrently enrolled in an instrument rating course that is appropriate to the aircraft category rating for which the course applies, and pass the required instrument rating practical test prior to completing the commercial pilot certification course."

QUESTION 3: Ref. §141.53; Do you approve ". . . a special course of pilot training . . ." as described in §141.57 just like you would any course of pilot training under Part 141?

ANSWER 3: Yes, you would approve ". . . a special course of pilot training . . ." just like it says in §141.57 ". . . a pilot school certificate or provisional pilot school certificate may apply for approval . . ." And §141.53 is the rule that establishes the general course approval procedures in Part 141. But for a detailed description of the approval procedures process for a Part 141 training course, FAA Order 8700.1, Volume 2, Chapter 142 is the appropriate reference. The only difference in approving a special course of pilot training is these training courses must contain features that could achieve a level of pilot proficiency equivalent to that achieved by ". . . a training course prescribed in the appendixes of this part or the requirements of part 61 of this chapter." [i.e., §141.57]

141.55

QUESTION: In the past, when syllabi were approved, a certain amount of hours were allotted for each phase. It has been accepted practice through the years for a FSDO to accept a Jeppesen course at face value by stamping just the cover page. In 1997, Jeppesen issued their new courses with a statement that the listed times are not mandatory, but only for guidance, and only that the student has to meet the requirements of Part 141, Appendix B, to graduate. It may be possible, then, for a student to fly all the lessons, exceed the requirements of App B, yet not meet the hours listed in the tables.

We want to know if this blanket statement (i.e., ". . . that the listed times are not mandatory, but only for guidance, and only that the student has to meet the requirements of Part 141, Appendix B, to graduate") has been "approved" by AFS-800 in Washington?

ANSWER: Ref. §141.55(b) and (c)(7)(ii); Yes, it is permissible to submit a training course outline that has a statement ". . . that the listed times are not mandatory, but only for guidance, and only that the student has to meet the requirements of Part 141, Appendix B, to graduate . . ."

However, don't misunderstand that statement to mean that an applicant can graduate from an approved course of training without meeting the approved course "total time" requirements [§141.77(a)(1)]. For example, if a specific lesson (e.g., Lesson No. 12) calls for 1.5 hours for that given lesson, but the student's training record shows only 1.2 hours flown for Lesson No. 12. That is permissible.

The rule [i.e., §141.55(b)] does not require each individual lesson time has to be met. The rule only requires the "total time" course requirements be met [§141.77(a)(1)]. So, if the course's total time calls for 35 hours, then that student's training record better show at least 35 hours in order for that student to be considered to have graduated from the course.

141.57

QUESTION 1: Ref. §141.57; Explain what ". . . a special course of airman training for which a curriculum is not prescribed in the appendixes of this part . . ." means in §141.57. Does it permit a school make application for a course of training for a Private Pilot Certification Course for an Airplane Single Engine Land rating that differs from a Private Pilot Certification Course for an Airplane Single Engine Land rating of Appendix B?

ANSWER 1: Since you have not qualified your answer, I'm going to say the answer is no. But please read this answer thoroughly, because there are many, many situations where the answer would be YES.

The rule doesn't permit a school to make application for a course of training for a Private Pilot Certification Course for an Airplane Single Engine Land rating, because as it states in §141.57, ". . . for which a curriculum is not prescribed in the appendixes of this part . . ." However, if a school wants to make application for approval for a Private Pilot Certification Course that varies in course times from the Appendix B of Part 141 requirements, then §141.55(d) and (e) provides for "a pilot school may request and receive [initial/final] approval . . . for any of the training courses of this part without specifying the minimum ground and flight training time requirements of this part, provided the following provisions are met:"

Now for some thoughts that may fit the provisions of "§141.57 Special curricula:"

Currently today, Embry Riddle Aeronautical University has approval for two courses of training for a combined Private Pilot Certification Course for an ASEL rating with an Instrument-Airplane rating for the Advanced General Aviation Transport Experiment (AGATE) airplane. ERAU made application for approval for those courses under §141.57. In those courses, the student receives both Private Pilot-ASEL training and Instrument-Airplane training concurrently. These training courses involve time in a single engine airplane, in a flight training device, and in a personal computer advanced training device (PCATD). Just like it states in §141.57, ". . . a special course of airman training . . ."

Furthermore, it is acceptable for a Part 141 school to make application under §141.57 for ". . . a special course of airman training . . ." for the different pilot certificate levels (Recreational Pilot through ATP or even Flight Instructor) where the school's course of training is for Flight Training Only. Otherwise the school's course of training is not approved for ground training. However, the enrollment prerequisites would require satisfactory completion of the appropriate knowledge test(s). We have provided in Appendix L of Part 141, the provisions for a Pilot Ground School Course but the provision for a "Flight Only Course" for one of the Part 141 pilot certification courses would be applied for under §141.57.

The provision of §141.55 (b) states that "each training course for which approval is requested must meet the minimum ground and flight training time requirements in accordance with the appropriate appendix of this part." The stated exception is paragraph (d) and (e) of §141.55 that permits approval for reduced course times. The fact that we have Appendix L of Part 141 provides for a course that is not in full compliance with §141.55 (b) [i.e., Ground Training Only]. In considering the above, I must emphasize the content of §141.77 (a)(1), which states in pertinent part, ". . . Completed the training specified in the school's course of training . . ." Section 141.77(a)(1) doesn't permit a student to receive a graduation certificate for just completing the flight portion of a course that has been approved for both ground and flight training. Section 141.77(a)(1) requires that the student complete the entire course, which means completion of both the course's ground and flight training. With this in mind, the use of "§141.57 Special curricula" for making application for a "Flight Training Only" course would be appropriate. The content of 141.57 directs the user to use the appropriate appendix of Part 141 to determine the pilot proficiency level. For example, if a Part 141 Pilot School wants approval for a course of training for a "Private Pilot Certification Course - Airplane Single Engine Land Rating (Flight Training Only)" to be taken in concert with a (local) University's ground school course [i.e., "Private Pilot Certification Course - Airplane Single Engine Land Rating, Ground Training Only"], the content of the "Private Pilot Certification Course - Airplane Single Engine Land Rating (Flight Training Only)" portion of the course would come directly from Appendix B, but would exclude the training of paragraph 3 of Part 141, Appendix B, that requires the aeronautical knowledge training.

Another use of "§141.57 Special curricula" is the authority for a Part 141 to make application for ". . . a special course of airman training . . ." that has similar objectives of the now defunct, "Test Preparation Courses" (i.e., the old Appendixes B and E of Part 141).

As I've said when answering many of the questions on Part 141:

I realize for all of us the way Part 141 has been rewritten, it gives the schools significant leeway in designing their courses. This is a change from the past. Part 141 was re-written that way to specifically allow schools to design their individual courses without Part 141 being over restrictive. We have to let the schools design their courses. The proof of the school's success and the course's success will come when we evaluate the student/pilot products during the phase checks and at the end of course completion time. In approving training courses, the new Part 141 has reduced the need for a lengthy review process.

QUESTION 1: I have a situation where a school is requesting Part 141 approval to teach only the aeronautical knowledge areas (i.e., ground training only) for a Private Pilot Certification Course-Airplane Single Engine Land. The school only intends to teach the ground training for a Private Pilot Certification Course-Airplane, so as to prepare the applicant for the knowledge test. The school has no intentions of ever teaching the areas of operation (i.e., Part 141, Appendix B, paragraph 4 and 5) for the Private Pilot Certificate practical test. The school doesn't even own or lease an airplane. The school's facilities are located in a suite of offices on the 10^th floor of a bank building in downtown Oklahoma City, OK. Is this permissible? If it is permissible, how would you record it on the school's Air Agency Certificate? Or would you only record it on the FAA Form 8420-8 "Application for Pilot School Certificate" on the section of the form titled "Identification of Training Courses?

ANSWER 1: §141.57; Yes, an Air Agency Certificate may be issued to a school that only teaches the aeronautical knowledge areas (i.e., ground training only) under §141.57. On the school's Air Agency Certificate, you would list approximately 2/3 of the way down on the certificate under the verbiage "with the following ratings:"

Private Pilot Certificate - Airplane Single Engine Land (Ground Training Only)

NOTE: In this situation where the school is only seeking Part 141 approval for the ground training portion for the Private Pilot Certification Course-Airplane TCO, the flight training does not necessarily need to be conducted under Part 141. It may be conducted under Part 61. There are no rules in Part 141 or policy directives in FAA Order 8700.1 that require the flight training to taught under Part 141.

Now it could be argued that under §141.55(a) and (b) it requires a school to be approved for both ground and flight training. Because in §141.55(a) and (b), it states:

(a) Each training course for which approval is requested must meet the minimum curriculum requirements in accordance with the appropriate appendix of this part.

(b) Except as provided in paragraphs (d) and (e) of this section, each training course for which approval is requested must meet the minimum ground and flight training time requirements in accordance with the appropriate appendix of this part.

So I can understand where it could be argued that a school cannot just apply for the ground training only. However, in accordance with §141.57 (which is why this rule was designed and it was designed for this very kind of situation), it states:

An applicant for a pilot school certificate or provisional pilot school certificate may apply for approval to conduct a special course of airman training for which a curriculum is not prescribed in the appendixes of this part, if the applicant shows that the training course contains features that could achieve a level of pilot proficiency equivalent to that achieved by a training course prescribed in the appendixes of this part or the requirements of part 61 of this chapter.

Therefore, the answer is yes it's permissible for an Air Agency Certificate to be issued to a school that only teaches the aeronautical knowledge areas (i.e., ground training only) under §141.57.

QUESTION 2: I have a situation where a school is requesting Part 141 approval to only teach the areas of operation (i.e., flight training only) for a Private Pilot Certification Course-Airplane Single Engine Land. The school only intends to teach the flight training, so as to prepare the applicant for the practical test. The school has no intentions of ever teaching the aeronautical knowledge areas (i.e., Part 141, Appendix B, paragraph 3) for the Private Pilot Certificate knowledge test. Is this permissible? If it is permissible, how would you record it on the school's Air Agency Certificate? Or would you only record it on the FAA Form 8420-8 "Application for Pilot School Certificate" on the section of the form titled "Identification of Training Courses?

ANSWER 2: §141.57; Yes, an Air Agency Certificate may be issued to a school that only teaches the areas of operation (i.e., flight training only) under §141.57. On the school's Air Agency Certificate, you would list approximately 2/3 of the way down on the certificate under the verbiage "with the following ratings:"

Private Pilot Certificate - Airplane Single Engine Land (Flight Training Only)

However in this situation, in accordance with §141.55(c)(7)(i) as a prerequisite for enrollment, the school must state in their training syllabus (as an example):

"a. To enroll in ABC Aviation School's flight training curriculum, the student must be concurrently enrolled in a ground training curriculum on the aeronautical knowledge areas for the Private Pilot Certificate - Airplane knowledge test and have satisfactorily accomplished the Private Pilot Certificate - Airplane knowledge test prior to completion of the flight training of the Private Pilot Certification Course-Airplane Single Engine Land. The knowledge test results must be current within the 24­calendar month period preceding the month the applicant completes the practical test;" or

"b. Prior to completion of ABC Aviation School's flight training curriculum, the student must have satisfactorily completed the Private Pilot Certificate - Airplane knowledge test, and the knowledge test results must be current within the 24­calendar month period preceding the month the applicant completes the practical test"

Again as previously discussed in Answer 1 above, it could be argued that under §141.55(a) and (b), it requires a school to be approved for both ground and flight training. Because in §141.55(a) and (b), it states:

(a) Each training course for which approval is requested must meet the minimum curriculum requirements in accordance with the appropriate appendix of this part.

(b) Except as provided in paragraphs (d) and (e) of this section, each training course for which approval is requested must meet the minimum ground and flight training time requirements in accordance with the appropriate appendix of this part.

So I can understand where some of you would argue that a school cannot just apply for flight training only. However, in accordance with §141.57 (which is why this rule was designed and it was designed for this very kind of situation), it states:

An applicant for a pilot school certificate or provisional pilot school certificate may apply for approval to conduct a special course of airman training for which a curriculum is not prescribed in the appendixes of this part, if the applicant shows that the training course contains features that could achieve a level of pilot proficiency equivalent to that achieved by a training course prescribed in the appendixes of this part or the requirements of part 61 of this chapter.

Therefore, the answer is yes it's permissible for an Air Agency Certificate to be issued to a school that only teaches the areas of operation (i.e., flight training only) under §141.57.

NOTE: In this situation where the school is only seeking Part 141 approval for the flight training portion for the Private Pilot Certification Course-Airplane Single Engine Land TCO, the ground training does not necessarily need to be conducted under Part 141. It may be conducted under Part 61. There are no rules in Part 141 or policy directives in FAA Order 8700.1 that require the ground training to taught under Part 141.

141.65

QUESTION: Ref. §141.65; The situation is a Part 141 approved school is requesting examining authority for its ATP ground school course. The school only teaches ground school training. It has no aircraft nor does it teach flight training. Is it permissible for a school to receive examining authority for a ground school course only?

ANSWER: Ref. §141.65; Yes, it is permissible for a Part 141 approved school to request and receive approval for examining authority for its ATP ground school course. Now lets agree that the school complies with the requirements in §141.63(a) for initial approval of its examining authority and paragraph (b) for retaining that approval.

The rule (i.e., §141.65) merely states: "A pilot school that holds examining authority may recommend a person who graduated from its course for the appropriate pilot, flight instructor, or ground instructor certificate or rating without taking the FAA knowledge test or practical test in accordance with the provisions of this subpart." Notice, in the final rule that became effective August 4, 1997, the phrase

". . . except flight instructor certificates, airline transport pilot certificates and ratings, and turbojet type ratings . . ." was removed. It is now permissible for Part 141 approved schools to request and receive approval for examining authority for flight instructor certificates, airline transport pilot certificates and ratings, and turbojet type ratings.

The rules (i.e., Subpart D, Part 141) do not require the school to provide both ground and flight training to be awarded examining authority. And, prior to August 4, 1997 when the rule was changed, the FAA had issued several grants of exemption that permitted examining authority for ATP and flight instructor knowledge testing. So again, the answer is yes, it is permissible for a Part 141 approved school to request and receive approval for examining authority for its ground school courses. And these schools do not even need to teach flight training. They can be a ground school only.

141.77

QUESTION: Ref. §141.77(c); A local flight school has posed this question:

If an applicant has 70 hours of aeronautical flight experience of training at a previous Part 141 flight training school, and also has 60 hours of previous aeronautical flight experience of training at a Part 61 school, both of whom have provided certified records, how many hours (maximum) can our school credit to this applicant's Commercial Pilot Certification Course?

We have several interpretations in our office.

60, because it is 1/2 of 120 required hours.

35, because it is 1/2 of the 70 previous 141 hours.

50, because it is 1/2 of 70 plus 1/4 of 60.

Not enough information, i.e., how many hours to get private certificate, instrument rating, etc.

What do you say? (Let's assume that the receiving school uses the times shown in the appendixes for their TCO.)

ANSWER: Ref. §141.77(c)(1); Below are my answers, but I can't stress STRONGLY enough to you that the maximum transferable time must be ". . . based upon a proficiency test or knowledge test, or both, conducted by the receiving pilot school . . ." Otherwise, just because §141.77(c)(1) allows for the maximum transferable time to be

". . . 50 percent of the curriculum requirements . . ." doesn't necessarily require the receiving school to award that applicant 50 percent of the curriculum requirements.

As an example:

The applicant is transferring to XYZ School of Aviation which has an approved­Part 141 Commercial Pilot-Airplane Single Engine Land Course which has been approved for a total of 120 hours in accordance with Part 141, Appendix D, paragraph 4.(a)(1). So, in accordance with §141.77(c)(1), the maximum amount of time that may be transferable is ". . . 50 percent of the curriculum requirements and must be based upon a proficiency test or knowledge test, or both, conducted by the receiving pilot school . . ." So the maximum transferable time is 60 hours (e.g., 50% of 120 hours equals 60 hours).

Another example:

The applicant is transferring to XYZ School of Aviation which has an approved­Part 141 Private Pilot-Airplane Single Engine Land Course which has been approved for a total of 35 hours in accordance with Part 141, Appendix B, paragraph 4.(a)(1). So, in accordance with §141.77(c)(1), the maximum amount of time that may be transferable is ". . . 50 percent of the curriculum requirements and must be based upon a proficiency test or knowledge test, or both, conducted by the receiving pilot school . . ." So the maximum transferable time is 17.5 hours (e.g., 50% of 35 hours equals 17.5 hours).

Another example:

The applicant is transferring to XYZ School of Aviation which has an approved­Part 141 Instrument-Airplane Initial Qualification Course which has been approved for a total of 35 hours in accordance with Part 141, Appendix C, paragraph 4.(a)(1). So, in accordance with §141.77(c)(1), the maximum amount of time that may be transferable is ". . . 50 percent of the curriculum requirements and must be based upon a proficiency test or knowledge test, or both, conducted by the receiving pilot school . . ." So the maximum transferable time is 17.5 hours (e.g., 50% of 35 hours equals 17.5 hours).

141.79

QUESTION 3: Ref. §141.79(d)(2); After initial qualification, it states in §141.79(d)(2), in pertinent part,

". . . accomplish a recurrent proficiency check in one of the aircraft in which the person trains students." Emphasis on ". . . in one of the aircraft . . ." Does this mean if an instructor teaches in 3 different courses and 3 different categories of aircraft are used in those different courses that the instructor only needs to perform a recurrent proficiency check in one of the aircraft?

ANSWER 3: Just like it says in §141.79(d)(2), ". . . in one of the aircraft . . ." Now for the recurrent proficiency check, the school should rotate each year the different aircraft that the instructor takes the recurrent proficiency check in. As for example, if the instructor provides instruction in the C-152 for the school's approved "Private Pilot Certification Course-ASEL rating", the C-310 for the "Add-on Airplane Multiengine Land Rating Course" and the R-22 for the Private Pilot Certification Course-Helicopter Rating then the recurrent proficiency checks should be done one year in the C-152, the next year in the C-310, and the year after in the R-22 and then you start all over again. However, each year the recurrent proficiency check should consist of some oral questioning and discussion on each of the training courses the instructor provides training in (e.g., oral questioning and discussion on the "Private Pilot Certification Course-ASEL rating", "Add-on Airplane Multiengine Land Rating Course," and "Private Pilot Certification Course-Helicopter Rating").

QUESTION: Does the requirement for a flight instructor to be administered the 12­month proficiency flight instructor check of §141.79(d)(2) also apply to the Chief Flight Instructor (CFI)? To the Assistant Chief Flight Instructor (A­CFI)?

ANSWER: Ref. §141.79(d)(2); First of all there is no written guidance on this question in FAA Order 8700.1. Nor has the FAA ever established any written policy guidance on this question. However, in checking your question out within AFS­840 and with the FAA Aeronautical Academy, the positions of CFI and A-CFI have in the past been treated as management positions, as in the case of the larger flight schools. However, §141.79(d)(2) does not preclude a FSDO from requiring a CFI and A­CFI to comply with the 12 month proficiency flight instructor check of §141.79(d)(2). In fact, if the CFI and A­CFI is actively participating in training and signing off students in the school's Part 141 approved course, then it may be acceptable for a FSDO to require the CFI and A-CFI to undergo the 12 month proficiency flight instructor check of §141.79(d)(2). Or the FSDO may require during their normal course of re-occurring surveillance of the school and its CFI and A-CFI to require some showing of flight instructor proficiency by the CFI and A-CFI. However, if the CFI and A­CFI are "management types," as is the case in the larger Part 141 schools (i.e., Embry Riddle Aeronautical University, University of North Dakota, etc.) then requiring the CFI and A-CFI to comply with just the annual training requirements of §141.79(c) is also acceptable. However, the FSDO has the discretion to either accept the CFI's and A-CFI's accomplishment of the annual training requirements of §141.79(c) or the FSDO may further require the CFI and A­CFI to undergo the 12­month proficiency flight instructor check that is required of the flight instructors in the course.

In summary, §141.79(d)(2) does not require a 12­month proficiency flight instructor check of the CFI and A­CFI NOR DOES IT PREVENT IT. It's at the discretion of the FSDO and when considering the roll that the CFI and A­CFI functions at the school.