Soil’d out and lost examiner privileges

[Broadlands]

I am beginning to regret starting this process. The process started before 31 Dec and my Maltese Part FCL issues on 30 March no longer has examiner privileges because the AoC and the latest seminar were not done by the Maltese.

In order to regain the privileges I have been advised that I need to go through the full Maltese application process, including their AoC for both classes.

At the same time I am reapplying for. U.K. licence, but because I no longer have examiner privileges I may need to start this process again too - that’s despite having done a U.K. AoC in November and the OnTrack seminar in February.

Hopefully common sense will prevail and the privileges will be restored without too much expense.

[Genghis the Engineer]

A lot of it about, I lost FCL945 when I SOLId to the IAA. Not a big issue in the global scheme of things, but irritating.

G

[Whopity]

Some quite disturbing issues arrising out of changing SOLI on an almost daily basis. Perhaps a few questions to the Minister via your MP might provoke some action. In the recent CAA Webinar the Minister spoke regarding the great future for aviation in the UK; it was fairly evident that he knew very little of what is going on. A few qurestions might concentrate his mind to the realities of what has becom a shambles and an excuse to charge outrageous fees.

[gipsymagpie]

It’s all very NAA specific; the Dutch seem to have taken a rather grown up approach to the SOLI examiner transfer. A free examiner seminar with a professional senior examiner plus a modest certificate issue fee were all that were required to transfer examiner privileges. In fact all their examiner seminars are run for free by the national authority. I’ve heard some odd stories about the reverse journey back to the CAA but hopefully smoother since the UK certificate will have only briefly been withdrawn (shmaybe).

What has been incredibly frustrating is the approach taken by some regarding qualifications gained and revalidated since applying for SOLI change but before new SOLI licence issue - quite clearly this remains the responsibility of the donor authority until the process completes (part.ARA.360(d)) - but try telling that to the persons with my paperwork!

good luck all with riding this storm.

[Fl1ingfrog]

It was always clear that for many pilots retaining an EASA licence was necessary post BREXIT, for work and other reasons. The CAA cannot have been unaware because many made this very clear. It is as if little actionable thought was put into this though, prior to December 31st. At the end of the 'transition period' there was always only one of two outcomes: the EASA licenses were retained and we carried on as normal or, as happened, we left the EU and also by default EASA. We now hold a EU EASA licence (if SOLI'd) or a 3rd country licence viewed from Brussels. SOLI'ing the licence before the decision day had to be an all or nothing action. Not the fault of the CAA but because of the bureaucratic and over zealous EU/EASA: i.e. you hold one licence issued somewhere in euro land or no licence (setting aside the limited national licenses). EASA have done nothing at all about any of it to assist and have cast the UK EASA licence holders to the wind.

The Examiner holds an authority to enact on behalf of each individual NAA, it is not a rating and so cannot be treated the same. None the less, the CAA has provided to have, in addition, a full UK licence commensurate with the previous SOLI'd UK EASA licence.The ratings and authorities previously held in the UK should go with it in my view.

- that’s despite having done a U.K. AoC in November and the OnTrack seminar in February.

Hopefully common sense will prevail and the privileges will be restored without too much expense.


Perhaps they will, but you have to apply.

[BEagle]

Broadlands, was your UK-issued EASA Part-FCL licence received by Malta before 31 Dec 2020? If so, then anything valid at the time should have been transferred to your Malta-issued licence.

I took a similar case up at EASA a year or so ago, when the IAA hadn't issued FE certificates to pilots who had SOLI'd from the UK. The EASA rulemakers confirmed that this was incorrect under EU law - the 'new' state had no powers to revoke privileges included in the licence issued by the 'old' state.

[Genghis the Engineer]

the 'new' state had no powers to revoke privileges included in the licence issued by the 'old' state.

I have in writing from the IAA the exact opposite of that statement w.r.t. my FCL945 privileges, as I believe do some other instructors.

G

[BEagle]

Well, that's because FCL.945 privileges are at the discretion of the NAA which issues the licence:

FCL.945 Obligations for instructors
Upon completion of the training flight for the revalidation of an SEP or TMG class rating in accordance with FCL.740.A(b)(1) and only in the event of fulfilment of all the other revalidation criteria required by FCL.740.A(b)(1) the instructor shall endorse the applicant's licence with the new expiry date of the rating or certificate, if specifically authorised for that purpose by the competent authority responsible for the applicant's licence.

The IAA does not issue FCL.945 privileges. Quite a prudent move, judging by the misunderstanding of many FI / CRI concerning the regulations!

[Jhieminga]

With apologies for drifting off topic: how does that work between EU states? Can I endorse an EASA licence issued in Sweden using my FCL.945 priviliges issued in The Netherlands, having carried out the training flight in The Netherlands with the applicant? If 'competent authority' in that sentence should be interpreted as the NAA, signing off a licence issued by another NAA becomes impossible, which makes using EASA licences in various EU states rather complex. Or am I misinterpreting this?

[BillieBob]

Can I endorse an EASA licence issued in Sweden using my FCL.945 priviliges issued in The Netherlands, having carried out the training flight in The Netherlands with the applicant?No. The FCL.945 authorisation must come from the competent authority responsible for the applicant's licence - in this case Sweden.

[BEagle]

I queried this when FCL.945 was first introduced and the answer was an emphatic 'NO'. If you are an FI with FCL.945 privileges, you may only sign off applicants who hold a licence issued by the same MS as the one which endorsed your FI privleges.

Even an FE may only revalidate holders of licences issued by other EASA MS by Proficiency Check, not 'by exeperience' and only then if the NAA of the applicant allows this in the Examiner Difference Document.

[Broadlands]

BEagle,
Yes, Ron Wall did an MEP upgrade AoC in November. The Maltese received everything from a number of instructors organised by our HoT. The CAA did not send the new examiner certificate with MEP on until February, but still, on 31 Dec I had a valid PPL SEP.

I was talking to the licensing inspector in Malta today and being given very little help, basically no interest at all.


Now, my SEP is running out at the end of this month - Any Maltese authorised examiners or instructors out there?

[Arrow Flyer]

Do you need a Maltese Examiner or will an Irish one do?

[Jhieminga]

I queried this when FCL.945 was first introduced and the answer was an emphatic 'NO'. If you are an FI with FCL.945 privileges, you may only sign off applicants who hold a licence issued by the same MS as the one which endorsed your FI privleges.

Even an FE may only revalidate holders of licences issued by other EASA MS by Proficiency Check, not 'by exeperience' and only then if the NAA of the applicant allows this in the Examiner Difference Document.
Thanks for clearing that up, I knew about the FE limitations when crossing borders but had not realised it applied to FCL.945 privileges as well.
Actually, I thought I might have made a mistake with this in the past but my administration shows that it was indeed a licence issued in the correct country. As the holder was a Scandinavian gentleman, my memory was telling me that his licence was Scandinavian as well, incorrectly as it turns out.

[Broadlands]

Arrow Flyer
Initially they told me that I needed a Maltese nominated examiner, but after going back to them it’s going to be done Friday.

I had long conversations with Malta today, I’ll post the results as we find out exactly where we stand.

[Broadlands]

After a pleasant conversation with Rubin in Malta, I was happy to hear they accepted the UK examiner AoC and issued my cert.
now let’s see how long my CAA returner application takes

[Happy Wanderer]

Even an FE may only revalidate holders of licences issued by other EASA MS by Proficiency Check, not 'by experience' and only then if the NAA of the applicant allows this in the Examiner Difference Document.

Presumably ex-UK FEs who SOLI'd out (in my case to the IAA) would be able to revalidate UK SEP ratings by experience under the auspices of Exemption E5329/ORS4 No.1469 though? The latter expires 31/7/2021, by which time I'd hopefully be in possession of my reapplied-for UK Part-FCL.

HW

[Broadlands]

HW, I wouldn’t count on it!