14 CFR PART 61

CERTIFICATION: PILOTS,

FLIGHT INSTRUCTORS, AND

GROUND INSTRUCTORS

01/20/2004

OBJECTIVE:

TO STIMULATE DISCUSSION

ABOUT RECURRING

QUESTIONS IN 14 CFR PART 61

QUESTION?As of October 28, 2002, what

additional document must be “…in

that person’s physical possession or

readily accessible in the aircraft when

exercising the privileges of the pilot

certificate or authorization…?”

ANSWER

 61.3

PHOTO IDENTIFICATION

FOLLOW-UP QUESTION

What are acceptable forms of

photo identification to comply

with the new regulation?

ANSWER

 61.3

Valid Driver’s License

Valid ID Card Issued by Government

U. S. Armed Forces ID

Credentials Authorizing Access to Airport Secure Areas

Official Passport

Any Other ID Acceptable to the FAA

QUESTION?A commercial pilot, wanting to build flight time, is paying a FAR Part 135 operator to sit in the right seat of their aircraft while conducting 135 revenue flights. The commercial pilot is current and qualified in the aircraft and has passed a 135 SIC check. The aircraft does not require two pilots by type certification, nor does the operation require two pilots. What flight time can this pilot log?

ANSWER

 61.51(e) and (f)

The pilot cannot ever log SIC.

The pilot may log PIC when sole manipulator of the controls.

QUESTION?

How may a flight instructor legally log the flight time while he/she is giving instruction if they never touch the flight controls and never talk on the radio (PIC, SIC, etc.)?

ANSWER

 61.51(e)(3)

The CFI may log all instruction time as PIC.

FOLLOW-UP QUESTION

If the flight is conducted at night

and/or in instrument conditions, may

the CFI legally log night and/or

instrument time?

ANSWER

 61.51(b)(3) and 61.51(g)(2)

YES

The pilot may log night and/or instrument time when those conditions exist.

FOLLOW-UP TO THE FOLLOW UP QUESTION

May the flight instructor log the landings

and/or the approaches toward his/her own

currency while only observing a student

conduct the hands-on approach or

landing?

ANSWER

 61.57(a) and (b)

Landings -- NO

Approaches -- YES

QUESTION?An applicant wishes to take their Private

Pilot Airplane Single Engine Land Practical

Test in an airplane that is equipped with only

the basic flight instruments (airspeed

indicator and altimeter). Can you conduct

the test in this airplane?

ANSWER

 61.43(d), 61.45(b)(1)(i),61.103(h), and 61.107(b)

NO.

The aircraft could not be used to complete the entire practical test.

However, the applicant could use two aircraft for the test.

SCENARIO An applicant comes to you for an

additional flight instructor rating. They currently hold a CFI-AME and are wanting to add ASE. They have come for the practical test in a fixed gear Cessna 172. Is this acceptable, or is the applicant required to provide a complex aircraft for takeoffs, landings, and emergency procedures?

ANSWERThe applicant is NOT required to provide a complex aircraft, because the applicant has already demonstrated instruction ability in a complex aircraft during the AME test.

QUESTION?An applicant holds a Private Pilot

Airplane Single Engine Land Certificate

and wishes to add Rotorcraft Helicopter.

Is the applicant required to show solo

helicopter time in his/her logbook to be

eligible for the additional rating?

ANSWER

 61.63(b)(1)

YES

FOLLOW-UP QUESTION

What is required for this person to conduct

solo flight in a category of aircraft for

which they do not hold a rating?

ANSWER

 61.31(d)(3)

Have received training required and have received the required endorsements.

SCENARIO Prior to beginning the practical test,

you review the applicants logbook and find that there is no record of logged ground instruction on the applicable knowledge areas. The applicant has all the required endorsements. Is this applicant eligible for the practical test?

ANSWERYES, the applicant is eligible for

the practical test. The rule does

not state the amount of detail

required, therefore, the

endorsement will suffice.

61.189(a)

QUESTIONAn applicant for a Private Pilot Certificate, Airplane Single Engine Land has combined the “3 hours of control and maneuvering…solely by reference to instruments” with “3 hours of night flight training.” Is this acceptable?

ANSWERNO, 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

SCENARIOA graduate of a 141 flight school presents a graduation certificate and FAA Form

8710-1 at the time of the practical test. The 8710-1 does not contain any times in Section III “Record of Pilot Time.” The applicant states that those times are not necessary because the graduation certificate shows that he/she meets the aeronautical experience requirements. Is this correct?

ANSWER

NO. 61.39 states that “…an

applicant must have a completed

and signed application form.”

FOLLOW UP QUESTION

Because the flight times may not

meet the Part 61 minimum

requirements, must an examiner

verify the flight times on the

FAA Form 8710-1?

ANSWER

YES, an examiner should ensure

that the applicant’s aeronautical

experience meets the requirements

of Part 141.

SCENARIOA multiengine rated pilot received 100 hours of flight instruction in a Piper Aerostar, and was given a high performance endorsement. The pilot later learned that, during the time of the instruction, the instructor did not hold a current medical certificate. The instructor was current and qualified in the aircraft. Is the high performance endorsement valid?

ANSWERYES, the endorsement is valid.

The rule only states that the endorsement

must be given by an authorized

instructor, it does not address the issue of

current medical certificate.

61.31(f)

SCENARIOAn applicant for a Instrument Rating in a multiengine land airplane failed Area of Operation V, Element 4 (intercepts the specified radial at a predetermined angle, inbound or outbound from a navigational facility). Everything else was satisfactory. The applicant wishes to do the re-test in a Cessna 172. Is this OK?

ANSWER

YES

The applicant may perform the re-test

in a Cessna 172 or any other

properly equipped ASEL.

61.45(a)(1) and PTS

FOLLOW UP QUESTION

Could the applicant do the

re-test in a simulator or

flight training device?

ANSWERYES,

Provided the flight training device is

approved for the procedure

performed.

61.65(a)(8)(ii)

SCENARIOAn applicant with a Private Pilot Certificate,

Airplane Single Engine Land, comes to you to

add an Airplane Multiengine Land rating to

his/her certificate. The applicant’s Private Pilot

Certificate was issued December 13, 2002, and

contains the restriction “night flying

prohibited.” Can you conduct the practical test?

ANSWERNO

The applicant’s certificate

became invalid for use on

December 31, 2003.

61.110 and 61.131

QUESTION?A Private Pilot meets the requirements of FAR 61.69 to act as PIC of an aircraft towing a glider. May the pilot log that time while acting as a “tow pilot,” and use that time toward the requirements of an additional certificate or rating?

ANSWERYES

Per FAR 61.51(e)(1), the pilot may log PIC time.

There are no rules preventing the pilot from

using the time toward a certificate or rating, or

for currency.

SCENARIOAn applicant for an instrument helicopter rating has done all of his training, including the cross country which must be “…performed under IFR…,” in a Robinson R-22 (not certified for IFR). Can you accept this training and conduct the practical test?

ANSWER

YES

The training is acceptable and the examiner may conduct the practical test.

61.65(c), 91.205(d), 8700.1

SCENARIOA dual rated (airplanes and helicopters) applicant comes to you for a helicopter instrument rating. Having originally planned to get an airplane instrument rating, he brings the airplane instrument rating knowledge test report to the practical test. Can you accept this for the helicopter instrument practical test?

ANSWER

NOThese test are not interchangeable.

61.65(a)(7) and Instrument PTS

SCENARIOAn applicant for a Private Pilot Rotorcraft Helicopter Certificate brings an aircraft that does not have the necessary equipment to complete AO VII, Task B (Radio Navigation and Radar Services). The applicant states that FAR 61.45(b)(2) gives him the option of using an aircraft that is not capable of performing all of the tasks required. Is the applicant correct?

ANSWERNO

The applicant must provide an

aircraft capable of performing

ALL appropriate tasks.

61.45(b), Private Pilot PTS, 8700.1

FOLLOW UP QUESTION

Could AO VII, Task B (Radio

Navigation and Radar Services be

tested orally only?

ANSWERNO

The Practical Test Standards

require both knowledge and

skill testing

61.43(a)(1) and Private Pilot PTS

SCENARIOFAR 61.56(b) allows glider pilots to substitute a minimum of three instructional flights in a glider, each which includes a flight to traffic pattern altitude, for the 1 hour of required flight training for the flight review. Could performing a rope break at 200 feet AGL qualify as a flight to traffic pattern altitude?

ANSWER

YES

The rule does not specify the

height of traffic pattern altitude.

61.56(b) and the Final Rule Preamble

SCENARIOA Private Pilot Glider with “Aero Tow

Only” Limitation has received the required

training and endorsement from an

authorized flight instructor for ground

launch. If the pilot acts as PIC during a

ground launch, is this a violation of the

“Aero Tow Only” limitation?

ANSWERNO

Order 8700.1, General Aviation

Safety Inspector’s Handbook, is

being changed to address this

issue.

QUESTION

What constitutes a “flight” in a Lighter-Than-Air, Balloon?

Can several “flights” be logged with only one set-up and inflation?

ANSWERThe definition of “flight” is the same for a balloon as it is for an airplane.

YES - Several “flights” can be logged with only one set-up and inflation.

FAR 1.1

QUESTIONS?

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QUESTION THAT YOU

WOULD LIKE TO ADDRESS?

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CONSULT YOUR FSDO

John Lynch(202) 267-3844John.D.Lynch@faa.gov