Definitely NOT legal.
I asked the FAA in writing the following - due to a debate amongst instructors :
We have many students who have pilot's licences issued under 61.75 - but have not completed any night training as this is not required under JAA
These students when undertaking their night training are required to fly solo at night.
How can we send the student solo at night as they hold a private US certificate (based on 61.75) - can this done through an endorsement finding them proficient at night similar to that required for 61.87(o) and put their licence number?
Or would they have to do this on a student pilot certificate in accordane with 61.87 - but then this is in contradiction to 61.75 b) 3)
but could they get this student pilot licence issued after the process of 61.75 which states "may be issued" which implies before the FAA private is issued?
Otherwise it seems that a private holder from another country cannot come to the US to complete night training and then fly the required solo hours?
The FAA have put in writing the following :
Ref § 61.31(d)(2); § 61.75(e)(3); and § 61.109(a)(2) [for single engine airplane aeronautical experience at night] or (b)(2) [for multiengine airplane aeronautical experience at night]. I am assuming this training will be in an airplane. Correct?
Per § 61.75(e)(3), a person “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.” However, in your scenario the person is undergoing training (even though it is for JAA licensing) and will be exercising their § 61.75 private pilot certificate. So, § 61.31(d)(2) would be the controlling rule. Per § 61.31(d)(2), the rule states:
(d) Aircraft category, class, and type ratings: Limitations on operating an aircraft as the pilot in command. To serve as the pilot in command of an aircraft, a person must-
* * *
(2) Have received training required by this part that is appropriate to the pilot certification level, aircraft category, class, and type rating (if a class or type rating is required) for the aircraft to be flown, and have received an endorsement for solo flight in that aircraft from an authorized instructor.
Again, I am assuming this training will be in an airplane.
In order for a holder of a Private Pilot Certificate with an Airplane Single Engine or Airplane Multiengine rating to be allowed to fly solo at night, that person must have received night training from an authorized flight instructor on at least the following:
[For Single Engine Airplane Aeronautical Experience at Night]
(2) Except as provided in § 61.110 of this part, 3 hours of night flight training in a single-engine airplane that includes-
(i) One cross-country flight of over 100 nautical miles total distance; and
(ii) 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport.
or
[For Multiengine Airplane Aeronautical Experience at Night]
(2) Except as provided in § 61.110 of this part, 3 hours of night flight training in a multiengine airplane that includes-
(i) One cross-country flight of over 100 nautical miles total distance; and
(ii) 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport.