"solo" flights

[mrmum]

Can an Instructor send a "student" on a solo flight after completing a successful LST but before their PPL(A) is issued?
I'm pretty sure this used to be okay pre JAA. However, the extract from the ANO below states this is only allowed when it's for the purpose of becoming qualified for a licence or rating, once the LST is passed, the student has completed their PPL course, so must have enough solo already. The only licence or rating they could be training for post-PPL LST that includes "solo" is a night qualification (I think).
The particular scenario I'm concerned about is, student has passed PPL LST, then a FI sends him on multiple "solo" flights, to hour-build P.1 time for modular CPL requirements. I think this is illegal, unless we interpret the P.1 hours needed for the CPL as fitting paragraph (1).


Flight crew licence requirement – Exception for solo flying training
52.—(1) A person may act as pilot in command of an aircraft for the purpose of becoming qualified for the grant or renewal of a pilot’s licence or the inclusion or variation of any rating in a pilot’s licence within the United Kingdom, the Channel Islands and the Isle of Man, without being the holder of an appropriate licence granted or rendered valid under this Order, if the conditions in paragraph (2) are satisfied.
(2) The conditions referred to in paragraph (1) are that—
(a) the person is at least 16 years of age;
(b) the person is the holder of a valid medical certificate to the effect that the person is fit to
act as pilot in command, issued by a person approved by the CAA;
(c) the person complies with any conditions subject to which that medical certificate was
issued;
(d) no other person is carried in the aircraft;
11 January 2010
CAP 393 Air Navigation: The Order and the Regulations
Section 1 Page 34
(e) the aircraft is not flying for the purpose of commercial air transport, public transport or
aerial work other than aerial work which consists of the giving of instruction in flying or
the conducting of flying tests; and
(f) the person acts in accordance with instructions given by another person holding a pilot’s
licence granted under this Order or a JAA licence, in each case being a licence which
includes a flight instructor rating, a flying instructor’s rating or an assistant flying
instructor’s rating entitling that other person to give instruction in flying the type of
aircraft being flown.[/COLOR]

[darn]

As far as I'm aware, P1 time is P1 time, wether you have received your poo-coloured wallet or not. In fact I had nearly 80hrs P1 before I got my licence issued. There is nothing illegal in what the FI in question is doing. I stand to be corrected!

[Whopity]

Until such time as they physically have a valid licence, they are training for the purpose of obtaining a licence. Therefore; they are treated exactly as a student and must be supervised by an instructor. This complies with the ANO.In fact I had nearly 80hrs P1 before I got my licence issued.That brings back memories of a practice that occurred in the US about 9 years ago. There were a number of JAA students building hours in the US prior to licence application. This was in breach of Federal reulatuions!

['I' in the sky]

Illegal under the FAR'S unless they had an FAA instructors solo authorisation.

[BillieBob]

Until such time as they physically have a valid licence, they are training for the purpose of obtaining a licence.But that is not what the ANO says. The wording is "....for the purpose of becoming qualified for the grant or renewal of a pilot’s licence....". Once the PPL Skill Test has been passed (and assuming that all other requirements have been met) the applicant is qualified for the grant of the licence and no further flying can therefore be assumed to be for that purpose.

If the individual were to be involved in an incident or accident on one of these 'post test' flights, the insurance company and the lawyers would likely have a field day at the expense of the both pilot and the instructor who authorised the flight.

[Whopity]

One could equally argue that if the pilot is deemed to be qualified and has applied for his licence which will be issued from the date of test, he is qualifying for the renewal of that rating and in the absence of the actual licence is authorised by an instructor to fly solo. I think that would pass any test of reasonableness.