Recommendation N ° UK/03/2013 on the notification by the United Kingdom about its intention to grant an approval derogating from certain provisions of Commission Regulation (EU) No 1178/2011 on the basis of Article 14(6) of Regulation (EC) No 216/2008. A)
BACKGROUND
1. By letter of 18 March 2013, the United Kingdom (UK) representation to the EU in Brussels notified the Commission and EASA of their intention to derogate from certain provisions of Annex I (Part-FCL) to Commission Regulation (EU) No 1178/20111 (the Aircrew Regulation), on the basis of article 14(6) of Regulation (EC) 216/20082 (the Basic Regulation).
2. In the attached letter, the UK explains that it intends to derogate from a requirement in the Annex I of the Aircrew Regulation in FCL.625(c) and (d). FCL.625(c) regulates the conditions for the renewal of an Instrument Rating (IR) and FCL.625(d) regulates that if the IR has not been revalidated or renewed within the preceding 7 years, the holder will be required to pass again the IR theoretical knowledge examination and skill test.
3. The UK CAA believes that the requirements of FCL.625(d) were created for the case where a licence holder ceases to fly under Instrument Flight Rules (IFR) for 7 years. The rule does not take into account the possibility that the licence holder may have been flying under IFR using an IR held on a 3rd country licence during the 7 year period which has been renewed during that period and which is therefore valid.
............................................. This means that the rating holder must pass the proficiency check, but will not be required to undergo training or to re-take the theoretical knowledge examinations. .....
Although we are considering a multi pilot IR for credit, so not quite the same as the above: it is the case the question is regarding a pilot holding a lapsed single pilot IR. So its worth considering the following.
Aeroplanes
Credits shall be granted only when the holder is revalidating IR privileges for single-engine and single-pilot multi-engine aeroplanes, as appropriate. When a proficiency check including the IR is performed, and the holder has a valid: Credit is valid towards the IR part in a proficiency check for:
MP type rating; High performance complex aeroplane type rating
Credit is valid towards the IR part in a proficiency check for:
SE class * and SE type rating *, and SP ME class, and SP ME non-high performance complex aeroplane type rating, only credits for section 3B of the skill test for single pilot non-high performance complex aeroplane of Appendix 9 *
* Provided that within the preceding 12 months the applicant has flown at least three IFR departures and approaches exercising PBN privileges, including one RNP APCH approach on an SP class or type of aeroplane in SP operations, or, for multi-engine, other than HP complex aeroplanes, the applicant has passed section 6 of the skill test for SP, other than HP complex aeroplanes flown solely by reference to instruments in SP operations.
My thoughts are that training only as necessary (including the single pilot instrument approach) and the PBN stuff if that has not already been satisfied is all you need followed by the single pilot IR proficiency check. I would expect most IR ATOs will be up to speed on this particular issue though as this must be a common problem.