I am completely in agreement with BG on this but I am not suggesting for one second that CC is incorrect in what he (assumption on gender
) is stating has been reported to him by the ATO.
However, what BG states is absolutely correct; if there is nothing in black and white from EASA then any statements made are worthless and there lies the MAJOR problem.
It will be down to the competent authority, i.e. the UK CAA, as to whether or not the black and white regulations and AMC state one thing or the other and it will be their decision as to whether to issue the licence or not; and if they feel that the requirements for undertaking the Skill Test were not met at the time of taking the test then you can rest assured the application will come winging back to you with an instruction that you have to retake the test. Any pleas that 'we were told by EASA that...yada yada...' will simply fall on deaf ears.
As this appears to be gaining some momentum, I am taking the unprecedented step of copying the e-mail from the CAA below - these are the decision makers NOT EASA.
Dear (2close)
In reference to your email which has been forwarded to me for a response, I have set out clarification to your specific points below:
“I was informed on the weekend of a CPL Skill Test candidate at an ATO, who had fewer than 200 hours total time.
The examiner refused to conduct the test, stating that the regulations state that the CPL Skill Test candidate must have 200 hours total time before the Skill Test can be conducted.”
The examiner in this instance is correct. For applicants seeking a CPL (Modular route) licence, the requirements state that they must have completed all the training and relevant experience for the issue of the licence prior to the CPL skill test. The requirements were set out slightly differently under JAR FCL and when the text of Part-FCL was written (and throughout the consultation process) the requirement regarding the CPL experience is now stated for each of the CPL (integrated and modular) routes in Appendix 3 to Part-FCL. The implication for modular CPL applicants is that they must have all the CPL relevant experience requirements met prior to the skill test. The previous practice in the UK of completing the skill test prior to having the 200 total time, which was subject to interpretation under JAR FCL is now more defined under Part-FCL. Incidentally, while reviewing this issue with Flight Crew Standards, I consulted with the Heads of Training of ATOs outside the UK and they confirmed that the Part-FCL requirement of 200 hours before test was their interpretation under JAR, therefore the UK CAA was not necessarily aligned with other Member States. L&TS are currently drafting guidance information which will be disseminated by FCS to all flight examiners and by Approvals to all UK ATOs in the near future. Obviously there will be some individuals who find themselves unknowingly impacted by this clarification of the regulations and we will endeavour to provide this clarification whilst not disadvantaging any pilot currently undergoing their CPL modular training.
There you have it, in black and white from the people who make the decisions in the UK. Show this to your ATO.
Personally, if I was in your position I would not be happy until I had physically seen the correspondence from EASA. You are the one who stands to lose a lot, not them.
We are simply trying to help out to avoid future problems not to be difficult.
Best of luck with the remainder of your training.
