Old 10th Aug 2020, 09:44
  #13 (permalink)  
Join Date: Apr 2004
Location: London
Posts: 560
"... FSDO (Oakland) ... told me that the limitation on the back of my US certificate (foreign based) requires that I maintain all requirements of my Italian pilot certificate."

That is not the opinion of the Office of the Chief Counsel in Washington. Relevant interpretations were given on 22 Mar 2012 to Andrew Krausz by Rebecca B MacPherson, Assistant Chief Counsel for Regulations, and on 6 Aug 2014 to Henning Grossman by Mark W Bury, Assistant Chief Counsel for International Law, Legislation, and Regulations. These opinions can be found in an FAA archive here (link).

Two relevant paragraphs in the interpretation to Krausz addressing your question:

Further complicating your inquiry is a notice issued by the Aviation Accident Investigations
Board (AAIB) in August 2008, which quotes the 14 C.F.R. 61.75(e)(3) which states the US
certificate, "Is subject to the limitations and restrictions on the person's US certificate and
foreign pilot license when exercising the privilege of that US pilot certificate in an aircraft of
US registry operating within or outside the United States." The AAIB draws the conclusion
from this provision that any and all limitations and restrictions that a pilot would be subject
to under his foreign pilot certificate are incorporated in his US certificate, and apply equally
under his US certificate. This conclusion is mistaken.

While 14 C.F.R. 61.75 does incorporate the limitations and restrictions "on the person's US
certificate and foreign pilot license," (emphasis added) that language refers to the scope of
the authority reflected by the certificate itself. In other words, the pilot is subject to the
restrictions and limitations that appear on the face of the US certificate or foreign pilot
license. The language does not include the entirety of regulatory requirements of the foreign
State since the holder of the 61.75 certificate is bound by the US regulatory requirements to
exercise the privileges of the US certificate. The FAA views that language as addressing the
limitations of the sort FAA uses, e.g., "not valid for night operations," where the individual
has not completed the night training requirements.

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