QUESTION: The question has arisen with respect to a foreign pilot who holds a Restricted US Private Pilot Certificate, issued on the bases of the ICAO member country. Specifically, is that person required to meet the Flight Review requirements of FAR Part 61.56 (c)?
Review of the “Frequently Asked Questions 14CFR, Part 61 & 141”, question 248, indicates that the flight review is required by a foreign pilot who wishes to operate a US registered aircraft on a Restricted US Pilot Certificate.
The Preamble to Part 61 does not address the purpose of 61.56 with respect to a Restricted Pilot Certificate.
FAA Order 8700.1, Chapter 29, paragraph 5D states; “A foreign pilot applicant should be advised that Title 14 of the Code of Federal Regulations (14CFR) Part 61, i.e.. 61.3, allows foreign registered aircraft to be operated within the United States by a pilot holding a current license issued by the foreign country where the aircraft is registered. A U.S.-registered civil aircraft may be operated within a foreign country by a pilot holding a certificate issued by that foreign country. A person may not act as a pilot of a U.S.-registered civil aircraft in the United states unless that person holds a US. Pilot certificate”. Therefore, the restricted certificate must be issued under § 61.75 in order to comply with § 61.3. If the foreign pilot operates the U. S. registered aircraft in a foreign country he does not have to meet Part 61 requirements (including flight review). If he operates a foreign aircraft in the US on his foreign license, he again does not have to meet the requirements of Part 61. The question then is why is it different for a foreign pilot, who is issued a restricted certificate based only on his foreign licenses, than for a person who operates a foreign registered aircraft in this country using his foreign licenses? The answer seems to be; there is no difference. The purpose of the restricted license is to meet the requirements of § 61.3 and that the flight review is not a requirement. In order to exercise that privilege the foreign pilot must always meet the requirements of his foreign license other wise the restricted certificate is no longer valid. Because of this and the fact that the individual does not hold a non-restricted U S pilot certificate, it appears that they are not required to meet any other section of Part 61, other than what is stated in 61.75.
Further, FAA Order 8700.1, Chapter 29, section 2, paragraph 5J states; “Additional Requirements. Advise the applicant of the applicability of part 91 flight rules”. It reads nothing regarding the compliance of Part 61 other than the chapter addresses meeting the requirement of § 61.75. In addition, § 61.75 (b) states; “...A person who holds a current foreign pilot license issued by a contracting State to the Convention on International Civil Aviation may be issued a 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;...”. This being the case it appears there is some confusion with respect to the question of whether a pilot issued a restricted certificate base on a foreign licenses is indeed required to comply with the flight review requirements of § 61.56. § 61.75 requires the foreign pilot issued a restricted pilot certificate must meet the requirement of that SECTION and that SECTION only.
Therefore, we are requesting that your office and legal counsel re-review this issue in light of the current confusion and the intended purpose of issuing a restricted pilot certificate under § 61.75. This is an important issue since it appears that Part 61.56 is geared towards and intended for an individual who holds a non-restricted U S pilot certificate. However, there appears to be a question regarding the flight review when the Restricted US Certificate is issued to a pilot based on his foreign pilot licenses and its restrictions.
It is a confusing matter in light of the purpose of issuing the restricted pilot certificate and a legal interpretation of the current rules is probably the only clear solution to the matter.