FE with only PPL cannot take MEP test of CPL holder

[slr737]

Came across something strange today.

I know an examiner who hold a FE, CRE, IRE and TRE. Unfortunately he now only hold a class 2 medical, so his ATPL has been momentarily downgraded to a PPL.

As such he told he, he was told that he could no examine pilots who were holding a CPL or ATPL even if it was only for a SEP or MEP rating ?

The guys, even only with a PPL, still hold a FI for MEP and IR and as such can use this privilege to perform PC on any licence holder for a MEP and IR test. The only thing he cannot do now is a CPL skill test as he only holds a PPL due to his class 2 medical.

Am I right ?

thanks

[Whopity]

No you are incorrect. It can however depend upon the interpretation of the regulation, but FCL.1000 states:
FCL.1000 Examiner certificates
(a) General. Holders of an examiner certificate shall:
(1) hold an equivalent licence, rating or certificate to the ones for which they are authorised
to conduct skill tests, proficiency checks or assessments of competence and the privilege to
instruct for them;
So to examine for a CPL the Examiner must hold a CPL however; to examine for a rating such as SEP; MEP; or IR, the Examiner must hold an equivalent rating to the one they are authorised to conduct tests for.
The UK CAA has pursued this since the start of EASA regulation and many older Examiners have reverted to PPL privileges.

[BillieBob]

Whilst the UK has a fairly pragmatic view of this, other member states do not. As well as the reference that Whopity has provided, there is one other that is relevant:
FCL.205.A PPL(A) Privileges
(b) Notwithstanding the paragraph above, the holder of a PPL(A) with instructor or examiner privileges may receive remuneration for:
(1) the provision of flight instruction for the LAPL(A) or PPL(A);
(2) the conduct of skill tests and proficiency checks for these licences;
(3) the training, testing and checking for the ratings and certificates attached to these licences.
This has been taken by more than one competent authority to mean that the holder of a PPL(A) may not instruct or examine for a rating that is to be attached to any other licence whereas, of course, it refers only to receiving remuneration for such activity.

[slr737]

So we agree on all points.

As long as an examiner is authorised to teach and hold the equivalent rating (SEP, MEP, IR) he can perform the ST, PC or AOC. Even if the examiner only hold a PPL and the candidate hold a CPL or ATPL.

The "Competent" Authority of one of my examiner is telling him that as he only hold a PPL due to his class 2, he can only perform ST or PC on a candidate with a similar licence, so only to PPL holder and not CPL holder even if the PC is to revalidate a MEP or IR.
For me this bull***t but some "competent" authorities have some old rules in their mind.

thanks I'll now have to sort it out with that "competent" authority.

[BEagle]

Since the CPL includes all PPL privileges, a PPL FE conducting tests for a rating attached to a CPL (which might equally be attached to a PPL) is perfectly entitled to do so and to receive remuneration.

I recall this coming up at an EASA meeting - I think it was Germany which had a different interpretation? They were asked if the CPL holder regraded to PPL, then applied for test, obtained a pass for the rating and immediately regraded back to CPL whether they would accept that rating being included in the CPL - and if not, why not. They recognised the futility of such an administrative workaround and fell into line with those who held more sensible views!

[Whopity]

I understand the Spanish DGAC is probably the least understanding.