Originally Posted by
Whopity
FARS allows a foreign pilot to fly a US registered aircraft in the State that issues the pilots licence. There is no limitation of exercising any of the privileges held on that pilot's licence, including using an IMC rating. This was recently confirmed by the FAA's New York office in writing. It is of course not valid in another State.
I do not doubt the letter you have received from a FSDO however I can find no basis for this opinion in US law.
US law is specific that an instrument qualification is required on a FAA licence for IFR. .
Furthermore the CAA specifically state that this IR (r) qualification is limited to UK registered aircraft in UK airspace. The IR(r) does not meet the requirements of ICAO recognition and therefore is limited to UK aircraft and UK airspace.
US law will always be paramount regarding operation of US aircraft and the only relevant US law regarding recognition of ICAO pilot licences is below.
§61.75 Private pilot certificate issued on the basis of a foreign pilot license. (a) General. A person who holds a foreign pilot license at the private pilot level or higher that was issued by a contracting State to the Convention on International Civil Aviation may apply for and be issued a U.S. private pilot certificate with the appropriate ratings if the foreign pilot license meets the requirements of this section. (b) Certificate issued. A U.S. private pilot certificate issued under this section must specify the person’s foreign license number and country of issuance. A person who holds a foreign pilot license issued by a contracting State to the Convention on International Civil Aviation may be issued a U.S. private pilot certificate based on the foreign pilot license without any further showing of proficiency, provided the applicant: (1) Meets the requirements of this section; (2) Holds a foreign pilot license, at the private pilot license level or higher, that does not contain a limitation stating that the applicant has not met all of the standards of ICAO for that license; (3) Does not hold a U.S. pilot certificate other than a U.S. student pilot certificate; (4) Holds a medical certificate issued under part 67 of this chapter or a medical license issued by the country that issued the person’s foreign pilot license; and (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. (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 for private pilot privileges only. (d) Instrument ratings issued. A person who holds an instrument rating on the foreign pilot license issued by a contracting State to the Convention on International Civil Aviation may be issued an instrument rating on a U.S. pilot certificate provided: (1) The person’s foreign pilot license authorizes instrument privileges; (2) Within 24 months preceding the month in which the person applies for the instrument rating, the person passes the appropriate knowledge test; and (3) The person 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. (e) Operating privileges and limitations. A person who receives a U.S. private pilot certificate that has been issued under the provisions of this section: (1) May act as pilot in command of a civil aircraft of the United States in accordance with the pilot privileges authorized by this part and the limitations placed on that U.S. pilot certificate; (2) Is limited to the privileges placed on the certificate by the Administrator; (3) Is subject to the limitations and restrictions on the person’s U.S. certificate and foreign pilot license when exercising the privileges of that U.S. pilot certificate in an aircraft of U.S. registry operating within or outside the United States; and (f) Limitation on licenses used as the basis for a U.S. certificate. A person may use only one foreign pilot license as a basis for the issuance of a U.S. pilot certificate. The foreign pilot license and medical certification used as a basis for issuing a U.S. pilot certificate under this section must be written in English or accompanied by an English transcription that has been signed by an official or representative of the foreign aviation authority that issued the foreign pilot license. (g) Limitation placed on a U.S. pilot certificate. A U.S. pilot certificate issued under this section can only be exercised when the pilot has the foreign pilot license, upon which the issuance of the U.S. pilot certificate was based, in the holder’s possession or readily accessible in the aircraft.
I trust this clarifies the requirements