FLT Instructor FAA, in EU on N# airplanes?

[Alfredo tp]

Hello!

There is something, I just can't find exactly in no regulations. (Well, i have to say first, Law Books and me, we speak different languages:ugh: I just barely understand some stuff of it.)

*I am an experienced FAA FI (CFI, II, MEI). I do understand, that I can fly N# airplanes in Europe privatly. What about durind the night time?
*Though I am an ATP, I can not fly commercially N# in EU?
*Here is the big issue: I can instruct on N# airplanes, right? I can give BFRs, etc. (but always respecting local regulations, too, of course), but can I do those (FAA) BFRs on non-N# airplanes? (EC- for example? As long as I am at least an JAA PPL holder as well...)
If someone could please help me out here, or tell me where to find those regulations (FAA and JAA wise) would be great!

Thanks a lot!

[421C]

Alfredo,

I'll try and help, but my first comment is that advice you get on a forum is worth what you pay for it! If you want to exercise FAA privileges in a more complicated environment like that of instructing in Europe, you are responsible for personally assuring yourself you know and understand the regulations - from original sources, not advice on on a forum. So treat this post as a "pointer" to where you might find the original sources. If the Law Books and other sources are tough going, and they are, then sorry - you have to overcome it if this is what you want to do. The other thing is that you can't expect to find regulations answering your every specific question, they are not written with cross-referencing for every combination of circumstances, for example: 14 CFR Part 61 has a lot on Instructing, 14 CFR Part 91 has material on operating an N-reg aircraft outside the USA - but there isn't much which is specific to instructing on an N-reg outside the USA!

The other factor is that you are in the intersect of several regulatory regimes
- the FAA and 14 CFR (the new name for the "FARs")
Electronic Code of Federal Regulations: (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title14/14tab_02.tpl)
- the TSA and AFSP (which you don't mention, but which regulates training approval for non-US citizens, and applies to FAA instructors and schools both within the US and outside it)
https://www.flightschoolcandidates.gov
- the Spanish CAA's implementation of JAR
- the Spanish law as it concerns flight in Spain (which covers non-EU registered aircraft, whereas the JAR implementation will more generally cover EU registered and Spanish registered aircraft)

I do understand, that I can fly N# airplanes in Europe privatly. What about durind the night time?
Forgive me but that is an odd question. Why couldn't you operate an N-reg privately at night as an ATP? You have to meet the FAA requirements for operating the aircraft for day/night VFR/IFR. Then, generally, you also have to meet the national requirements as well - whichever is more restrictive; unless the national requirements only apply to Spanish-registered aircraft. These Spanish requirements will be in Spanish aviation law.

*Though I am an ATP, I can not fly commercially N# in EU?

You can not use your FAA ATP to fly public transport for a European AOC carrier or to be paid to fly a non-US aircraft. But you can fly commercially in an N-reg airplane where Spanish law permits - not for public transport, but, for example, if a Spanish business person owned and privately operated an N-reg aircraft, he could hire and pay you to fly it for him in Spain or anywhere else in Europe.

*Here is the big issue: I can instruct on N# airplanes, right? I can give BFRs, etc. (but always respecting local regulations, too, of course),

I'll give you the UK example. The law permits an FAA Instructor to instruct in an N-reg aircraft unpaid. Paid instruction requires a Waiver from the UK Department of Transport, normally only given to the owner of the aircraft.
I have no idea what the equivalents in Spanish law are, you'll have to look them up. Remember also that any instruction given by an FAA CFI is potentially subject to the TSA/AFSP rules (most importantly, instruction towards the first FAA stand-alone pilot certificate, and multiengine and instrument ratings)

but can I do those (FAA) BFRs on non-N# airplanes? (EC- for example?)
Generally, I think JAA countries require that instruction in a JAA registered aircraft has a JAA qualified instructor.

CAVAET: All this is to the best of my understanding. We all post authoritative sounding things and we all get them wrong from time to time. You are responsible for finding out from official sources. There will also be lots of quirks and possible exceptions to all the above.

brgds
421C

[Alfredo tp]

Hi 421C,

yup, you helped me a lot there :ok:

I am not planning to instruct in the EU for hire, let's say. Just some locals from the local field, they have FAA PPL license, and they need BFR. I just didn't want to jump on it without knowing if it's legal or not.

By flying night VFR, well, I meant, as you say, respect the more(!) restrictive law. As far as I know, there is no night VFR in Spain (I will look it up again). As I am allowed to do it as FAA license holder (in the U.S.), but not in Spain (Spanish Law), I just can't go night VFR in Spain. (But again, as you say, I will look it up, and check, if it applies in general, incl. FAA, or...)

Well, regarding the instruction in an EC# airplane, I meant with that, that if I give a BFR to another FAA license holder ("from FAA to FAA"), but I understand that it doesn't matter, even having myself an JAA PPL, if the law in Spain/EU says 'no'.

But I will follow those links, thanks a lot, now I have a good starting point!

Didn't want neither to use this forum as my regulatory review, but as a starting point. And I really do appreciate, 421C, for telling me that, good point!

Thanks mate!

Happy landings,

Alfredo:ok:

[421C]

Alfredo,

Glad it was helpful. On the Night flight, that's a good example of the "whichever is more restrictive" principle, as you say.

On the BFR, I should be careful because I know nothing about specific Spanish aviation law. It's easy to think all JAA countries must be much the same - and whilst the JAA rules are pretty common in each country's implementation, the laws for foreign aircraft could vary a lot, so I have no idea about Spain.

For example, your BFR question (unpaid, in a EC-reg aircraft, where the BFR candidate was qualified to be PIC on the EC-reg) could have 2 interpretations
1. As the FAA CFI, you are riding along as a supernumerary - the BFR candidate is Pilot-in-Command. As long as you are not paid, there is no problem
2. 14 CFR 61 explicitly states that a Flight Review requires a minimum of 1hr of flight instruction, not just "observation of performance". Spanish law may prohibit this unless you have at least a JAA CRI qualification (which, by the way is very accessible, only a few hours training, and does not need CPL theory).

I would believe interpretation 2 above, but don't have the confidence to assert it, especially outside the UK.

Do look into the JAA CRI-ME and JAA CRI-SE courses. They are amazingly do-able by JAA standards. Much more so than the FAA CFI. They will tend to give you extra flexibility in instructing in Europe.

brgds
421C

[RSFTO]

I give faa instruction and bfr in any aircraft and get paid for it without any problem in any place in the world. Make sure the aircraft you use has all the minimum instruments as per cfr code 14.

On N aircraft you can do commercial operation anywhere in the world.

[Alfredo tp]

@ 421C and RSFTO,

Yup, I think I will even just show up there at the Spanish aviation Branch, and check it with those...'experts'...:8 Just to make sure about a few specific things.

Thanks a lot, mates!


Alfredo

[RSFTO]

when ever you ask you will get negative answers .

just do what you need

[Alfredo tp]

Yup, you are right. And I checked it out, too. I can do that with no problem at all. And on EC#. And having my JAA PPL helps me there, too, so, in any way, I can do it. Most likely I would have done it anyway:}, but feels better to know, that I am legal on that sh!t, too. You know how those civil aviation branches are "not happy, until you are not happy"! :ugh:

Thanks!:ok:

[Alfredo tp]

Hi all, this is an answer a friend of mine sent to me, he is involved into that stuff, and a lot:

"If it was a flight test , so 61.45 , it states that it has to be an US register aircraft . But a BFR isn t a test .

So for the BFR the only rule is the 61.59 and it doesn t state any limitation about the aircraft who has to be use. But it state that "it consist of 1hr ground and 1 hr of flight time minimum "
This last part is the important one , it mean that it is a training flight and not an evaluation and so it has to be considered as dual given .
In US , the CFI doesn t have to log it as PIC and so even if we are not current we can do a BFR as long as we do not act as PIC!
But in JAR , they can be only one PIC and by definition it s the flight instructor because during instruction flight the student log PIC Under Supervision. So my guess is that you should have a JAR FI and FAA CFI to do a BFR on an Non US registered aircraft .

Hope you ll find a solution , maybe found a N aircraft to make it easier.

Take Care my friend!"

So, in all, with N# ok, if it's a non-N#, we should be a JAA FI. Any way he told me once, too, that as long as you are not getting paid, it's a supervision in a non-N# aircraft, as long one has at least the JAA PPL (in Europe). Grey areas of the laws...yup! :ugh: