MNFlyboy
Well-Known Member
Hi kids,
So here is an interesting situation that I ran into recently, unfortunately due to an annonymous tip-off to the FAA from a past disgruntled employee of a company I used to CFI for and wanted to share this experience. This has to do with licenses, BFR's, and new certs and ratings.
I received my Commercial Pilot Cert, ASEL, AMEL, and Instrument rating May, 2007. I went on to receive my CFI August 2007, and CFII May, 2008. Also, in February 2008 I attended FlightSafety and received an SIC endorsement after having completed Initial training on the Beechcraft 1900 Airliner. I have had no BFR's or anything else in the meantime to substitute a BFR. It was my understanding and interpretation that completing a practical test for a new certificate qualified as a BFR for my COMM cert in lieu of an actual BFR. Furthermore, under part 61, an additional rating or operating privelege also meets the requirements exempting me from requiring a BFR, so I thought that after receiving my CFII in May, I was good on my COMM as well.
Low and behold, here comes the FAA. "Hi, I'm with the FAA and I'm here to help! May I see your certificates and logbook please?" I thought to myself, ahhhhhh geez now what did I do. I remembered back to my college days and having arguments over the differences between "surrendering" and "seeing" these documents, so I laid them out on my desk in front of the examiner to inspect. He went through my logbook and asked if I had any BFR's or type ratings and pointed out my SIC endorsement and my CFI checkrides. He was pleasant about it, but unsatisfied and pointed out that according to the FAA, a Comm cert and CFI cert are two different certs and do not meet each other's BFR requirements. My heart dropped and I thought I was going to jail right then and there. I may have BS'ed him a little by telling him that I had done training at a college 141 school and that perhaps there was a BFR endorsment resultant from a previous checkride that may still be in a records document somewhere. He was somewhat satisified and left my office. 5 mintues later I was on the phone with my buddy across the field and scheduled a BFR that was completed 4 hours later.
The next day, the examiner called and suggested that I complete a BFR now just to be safe and then we'll see if I find any other records of a BFR. I surprised him when I said that I had already done that and faxed a copy of my new BFR over to his office. He seemed satisfied and I thought that would be the end of it. That was until I got this:
This notice cites an alleged violation of the following Title 14 Code of Federal Regulations sections:
14 CFR Sec 61.56(c)(2) PERSON ACTED AS PILOT IN COMMAND OF AIRCRAFT WITHOUT REQUIRED FLIGHT REVIEW LOGBOOK ENDORSEMENT.
The determination to issue this notice is based on the facts and circumstances surrounding your alleged violation that were discussed with you by the reporting inspector. If within 30 calendar days of the date of this letter you wish to add additional pertinent information in explanation or mitigation, write to the manager of the Flight Standards District Office.
It has been determined that this matter does not warrant legal enforcement action however, the alleged violation will be made a matter of record and will be expunged 2 years after issuance.
Bummer.
So I called AOPA Legal services and explained my situation and they agreed that the language in that FAR cited by the FAA is loose enough that my Instrument rating on my CFII is a rating issued to a certificate (albeit my CFI, not COMM) under that part and it does not specify which certificate that rating must be applied to in order to qualify for the BFR exemption. So, we wrote a letter:
In response to the Letter of Correction dated December 9, 2009, I respect your position but respectfully disagree with your conclusion that I violated 14 CFR Part 61.56(c)2 PERSON ACTED AS PILOT IN COMMAND OF AIRCRAFT WIHTOUT REQUIRED FLIGHT REVIEW LOGBOOK ENDORSEMENT.
FAR Part 61.56 (d) is an exception to the general requirement for a flight review pursuant to 61.56(c). 61.56(d) states that:
A person who has, within the period specified in paragraph (c) of this section, passed a pilot proficiency check conducted by an examiner, an approved pilot check airman, or a U.S. Armed Force, for a pilot certificate, rating, or operating privilege need not accomplish the flight review required by this section.
This regulation describes both who can give the “pilot proficiency check” and what kind of check meets the standard. The regulation states that a pilot proficiency check for 1) a pilot certificate, 2) rating, or 3) an operating privilege need not accomplish this review. I believe that I met the requirements of this exception to the general rule requiring 61.56 flight reviews in that I passed a proficiency check that 1) resulted in the issuance of a rating and 2) a proficiency check which granted me an operating privilege.
As you are aware, I was issued an Instrument – Airplane rating on my Flight Instructor certificate on 5/20/2009 (see exhibit 2: FAA Airman Certificate Database Inquiry Result) FAR Part 61.5 describes the types of certificates and ratings issued under Part 61 which includes ratings on a flight instructors certificate per 61.5(c), specifically 61.5(c)(4)(i). This rating is a rating under part 61 which is only issued after the completion of a practical test as required by 61.183(h). I do concede that this rating is not a rating applied to a pilot certificate; but I note that 61.56(d) specifies a “pilot certificate” but does not specify that rating be a “rating placed on a pilot certificate” (specific language found in 61.5(b))
Because the plain language of 61.56(d) does not specify a rating attached to a pilot certificate, I respectfully disagree with your interpretation (that 61.56(d) only contemplates ratings placed on a pilot certificate). To clarify my point, the word “rating”, standing alone (as it does in 61.56(d)) is specifically defined under Part 1.1 as meaning, “...a statement that, as part of a certificate, sets forth special conditions, privileges, or limitations.” Note, this definition does not specify what kinds of certificates have ratings. Clearly, under the definition of “rating” in 1.1 Instrument–Airplane, as attached to my Flight Instructor Certificate is a “rating”.
Furthermore, the issuance of an Instrument – Airplane rating on my Flight Instructor certificate also granted “an operating privilege” under 61.56(d). After passing that check ride with an examiner on 5/20/2009 I was granted the “operating privilege” of “giving training and endorsements that are required for and relate to an instrument rating” amongst others. See § 61.193 Flight Instructor Privileges, paragraph (f).
Because of the reasons set forth above, it is my position that I neither believe that I violated 61.56 nor intended to do so. I therefore urge you to retract this Letter of Correction from my record.
So that's where it's ended and I have not heard anything else yet. Let me know what you guys think. Tell your students, your friends, anyone.
Lessons learned:
1) Even though you may not need it, get a BFR endorsement from any checkride or practical you take, all it is is another endorsement and may not require that much more work on top of an examination.
2) AOPA Membership - $99 annually
AOPA Headset Bag - Free
AOPA Wings Pin - Free
AOPA Legal Services - Priceless
Cheers
Go Sioux
So here is an interesting situation that I ran into recently, unfortunately due to an annonymous tip-off to the FAA from a past disgruntled employee of a company I used to CFI for and wanted to share this experience. This has to do with licenses, BFR's, and new certs and ratings.
I received my Commercial Pilot Cert, ASEL, AMEL, and Instrument rating May, 2007. I went on to receive my CFI August 2007, and CFII May, 2008. Also, in February 2008 I attended FlightSafety and received an SIC endorsement after having completed Initial training on the Beechcraft 1900 Airliner. I have had no BFR's or anything else in the meantime to substitute a BFR. It was my understanding and interpretation that completing a practical test for a new certificate qualified as a BFR for my COMM cert in lieu of an actual BFR. Furthermore, under part 61, an additional rating or operating privelege also meets the requirements exempting me from requiring a BFR, so I thought that after receiving my CFII in May, I was good on my COMM as well.
Low and behold, here comes the FAA. "Hi, I'm with the FAA and I'm here to help! May I see your certificates and logbook please?" I thought to myself, ahhhhhh geez now what did I do. I remembered back to my college days and having arguments over the differences between "surrendering" and "seeing" these documents, so I laid them out on my desk in front of the examiner to inspect. He went through my logbook and asked if I had any BFR's or type ratings and pointed out my SIC endorsement and my CFI checkrides. He was pleasant about it, but unsatisfied and pointed out that according to the FAA, a Comm cert and CFI cert are two different certs and do not meet each other's BFR requirements. My heart dropped and I thought I was going to jail right then and there. I may have BS'ed him a little by telling him that I had done training at a college 141 school and that perhaps there was a BFR endorsment resultant from a previous checkride that may still be in a records document somewhere. He was somewhat satisified and left my office. 5 mintues later I was on the phone with my buddy across the field and scheduled a BFR that was completed 4 hours later.
The next day, the examiner called and suggested that I complete a BFR now just to be safe and then we'll see if I find any other records of a BFR. I surprised him when I said that I had already done that and faxed a copy of my new BFR over to his office. He seemed satisfied and I thought that would be the end of it. That was until I got this:
This notice cites an alleged violation of the following Title 14 Code of Federal Regulations sections:
14 CFR Sec 61.56(c)(2) PERSON ACTED AS PILOT IN COMMAND OF AIRCRAFT WITHOUT REQUIRED FLIGHT REVIEW LOGBOOK ENDORSEMENT.
The determination to issue this notice is based on the facts and circumstances surrounding your alleged violation that were discussed with you by the reporting inspector. If within 30 calendar days of the date of this letter you wish to add additional pertinent information in explanation or mitigation, write to the manager of the Flight Standards District Office.
It has been determined that this matter does not warrant legal enforcement action however, the alleged violation will be made a matter of record and will be expunged 2 years after issuance.
Bummer.
So I called AOPA Legal services and explained my situation and they agreed that the language in that FAR cited by the FAA is loose enough that my Instrument rating on my CFII is a rating issued to a certificate (albeit my CFI, not COMM) under that part and it does not specify which certificate that rating must be applied to in order to qualify for the BFR exemption. So, we wrote a letter:
In response to the Letter of Correction dated December 9, 2009, I respect your position but respectfully disagree with your conclusion that I violated 14 CFR Part 61.56(c)2 PERSON ACTED AS PILOT IN COMMAND OF AIRCRAFT WIHTOUT REQUIRED FLIGHT REVIEW LOGBOOK ENDORSEMENT.
FAR Part 61.56 (d) is an exception to the general requirement for a flight review pursuant to 61.56(c). 61.56(d) states that:
A person who has, within the period specified in paragraph (c) of this section, passed a pilot proficiency check conducted by an examiner, an approved pilot check airman, or a U.S. Armed Force, for a pilot certificate, rating, or operating privilege need not accomplish the flight review required by this section.
This regulation describes both who can give the “pilot proficiency check” and what kind of check meets the standard. The regulation states that a pilot proficiency check for 1) a pilot certificate, 2) rating, or 3) an operating privilege need not accomplish this review. I believe that I met the requirements of this exception to the general rule requiring 61.56 flight reviews in that I passed a proficiency check that 1) resulted in the issuance of a rating and 2) a proficiency check which granted me an operating privilege.
As you are aware, I was issued an Instrument – Airplane rating on my Flight Instructor certificate on 5/20/2009 (see exhibit 2: FAA Airman Certificate Database Inquiry Result) FAR Part 61.5 describes the types of certificates and ratings issued under Part 61 which includes ratings on a flight instructors certificate per 61.5(c), specifically 61.5(c)(4)(i). This rating is a rating under part 61 which is only issued after the completion of a practical test as required by 61.183(h). I do concede that this rating is not a rating applied to a pilot certificate; but I note that 61.56(d) specifies a “pilot certificate” but does not specify that rating be a “rating placed on a pilot certificate” (specific language found in 61.5(b))
Because the plain language of 61.56(d) does not specify a rating attached to a pilot certificate, I respectfully disagree with your interpretation (that 61.56(d) only contemplates ratings placed on a pilot certificate). To clarify my point, the word “rating”, standing alone (as it does in 61.56(d)) is specifically defined under Part 1.1 as meaning, “...a statement that, as part of a certificate, sets forth special conditions, privileges, or limitations.” Note, this definition does not specify what kinds of certificates have ratings. Clearly, under the definition of “rating” in 1.1 Instrument–Airplane, as attached to my Flight Instructor Certificate is a “rating”.
Furthermore, the issuance of an Instrument – Airplane rating on my Flight Instructor certificate also granted “an operating privilege” under 61.56(d). After passing that check ride with an examiner on 5/20/2009 I was granted the “operating privilege” of “giving training and endorsements that are required for and relate to an instrument rating” amongst others. See § 61.193 Flight Instructor Privileges, paragraph (f).
Because of the reasons set forth above, it is my position that I neither believe that I violated 61.56 nor intended to do so. I therefore urge you to retract this Letter of Correction from my record.
So that's where it's ended and I have not heard anything else yet. Let me know what you guys think. Tell your students, your friends, anyone.
Lessons learned:
1) Even though you may not need it, get a BFR endorsement from any checkride or practical you take, all it is is another endorsement and may not require that much more work on top of an examination.
2) AOPA Membership - $99 annually
AOPA Headset Bag - Free
AOPA Wings Pin - Free
AOPA Legal Services - Priceless
Cheers
Go Sioux
