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FAA flight training regulations

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FAA flight training regulations

Old 1st Mar 2019, 18:42
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FAA flight training regulations

Hello everyone. I need a bit of a help with FAA regulations. I am an airline pilot under EASA but I am looking for some information concerning pilot training under FAA.

As far as I am concerned, there are either FAA-approved flight schools or certificated flight instructors. My question being, what are the documents regulating flight schools and certificated flight instructors (like Title 14: Aeronautics and Space, Part 61)?

Are these the only two means of obtaining flight training? Can certificated flight instructor offer flight instructions to anyone, while not being employed by any approved flight school? Does he need to have any approved manuals? Is there anything like not-certificated flight instructor as well?

If a certificated flight instructor is allowed to provide flight instructions outside of a flight school, can he provide flight training for all types of licenses, or for example only up to private pilot license, and, if a pilot wants to obtain a higher license (instrument rating, commercial pilot license, etc.), does he have to receive this training in an approved flight school? Does a certificated flight instructor have to have his own aircraft, or can he provide flight training on his client‘s aircraft?

To be more specific with my question, for example §61.109 Aeronautical experience says, that „(a)…a person who applies for a private pilot certificate with an airplane category and single-engine class rating must log at least 40 hours of flight time that includes at least 20 hours of flight training from an authorized instructor and 10 hours of solo flight training…

Is the term authorized instructor equal to certificated flight instructor? Does an applicant have to fly those 20 hours with an instructor within an approved flight school or can it be with any certificated flight instructor, who might not be employed by any flight school? Last but not least, 40 hours total minus 20 with instructor minus 10 hours of solo flight training results in remaining 10 hours required for private pilot license. Is there any other regulation concerning these 10 hours?

If there is someone who can explain me the basic rules of FAA regulations, I would appreciate it very much!

Thanks in advance, Marek
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Old 2nd Mar 2019, 00:54
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Marek,

What training would you like to do?

In FAA land there are two types of flight training - Part 61 and Part 141. Part 141 is "an FAA approved school." But that doesn't mean Part 61 is bad. Part 61 is most flight training in the US. In most cases pilots who are not legal residents of the US must train at a Part 141 school that can process a visa application.

In the US, a Certificated Flight Instructor (CFI) is what EASA calls an FI(A). A CFI can have ratings for Airplane Single Engine Land, Airplane Multi-engine Land, Instrument, etc.

Simplistically, an "authorized instructor" is a CFI, with everything up-to-date, in an N-registered airplane. Foreign instruction "counts" for the most part.

A pilot with an EASA license can get a private pilot certificate issued under Part 61.75 that serves as the basis for further training. I believe that with your EASA ATPL you can get an FAA ATP rating. Do you have 1500 hours? You can do this in conjunction with a type rating. Others here will be much more knowledgeable about the process.

Hope this helps.

Terry
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Old 2nd Mar 2019, 20:29
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Originally Posted by Marekjefrajer
I am an airline pilot under EASA
If you are already a pilot, and current, you only need to apply and have your EASA [country] ATPL (or CPL , IR or PPL as the case might be) verified by the FAA.

Fill out Form 8060-71 and email it with your request (simple cover letter) to the address provided at the bottom of the form.

Fill out FAA Form:
Form AC 8060-71 PDF
Form AC 8060-71 - VERIFICATION OF AUTHENTICITY OF FOREIGN LICENSE AND MEDICAL CERTIFICATION

Once your EASA license is verified, you will be notified by email. Then, get an appointment at the FSDO you selected, bring all your documents (logbooks, etc.). The inspector there will tell you exactly what you need to do. E.g.: take the FAA ATP written exam in your case, and a FAA Medical (even better if you have these already done, and bring them along). Here you go! Most likely you do not need a training provider (flight school). And, you do not need a visa, except for a visitor visa, or visa waiver (Europe). Next time you go to your sim session at FSI, CAE or else, have your FAA aircraft Type Rating added into your FAA Pilot Certificate (make sure they have a FAA Designated Pilot Examiner on hand, if outside the US). Good luck.

NB. KNOW-BEFORE-YOU-GO that's true for all pilot's activity!
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Old 16th Mar 2019, 21:04
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Originally Posted by avionimc
If you are already a pilot, and current, you only need to apply and have your EASA [country] ATPL (or CPL , IR or PPL as the case might be) verified by the FAA.

Fill out Form 8060-71 and email it with your request (simple cover letter) to the address provided at the bottom of the form.

Fill out FAA Form:
Form AC 8060-71 PDF
Form AC 8060-71 - VERIFICATION OF AUTHENTICITY OF FOREIGN LICENSE AND MEDICAL CERTIFICATION

Once your EASA license is verified, you will be notified by email. Then, get an appointment at the FSDO you selected, bring all your documents (logbooks, etc.). The inspector there will tell you exactly what you need to do. E.g.: take the FAA ATP written exam in your case, and a FAA Medical (even better if you have these already done, and bring them along). Here you go! Most likely you do not need a training provider (flight school). And, you do not need a visa, except for a visitor visa, or visa waiver (Europe). Next time you go to your sim session at FSI, CAE or else, have your FAA aircraft Type Rating added into your FAA Pilot Certificate (make sure they have a FAA Designated Pilot Examiner on hand, if outside the US). Good luck.

NB. KNOW-BEFORE-YOU-GO that's true for all pilot's activity!
Not much of the above is in fact accurate and is at best misleading ... Verifying an EASA atpl will get you exactly a 61.75 private certificate based on your easa licence to which you can add your IR if you take the foreign pilot intrument writte test. You will not get ATPL privileges. You will need a BFR. To progress further you will need a visa and TSA clearance ( a 61.75 is NOT an initial certificate and you need TSA for any training to acheive a 'full' certificate) . You will need to meet in full the detailled hours requirements in part 61 for initial ATP issue. You will need the ATP written which you can't take with out the course ATP-CTP completion certificate. You will need to take the ATP check ride.in full. Your EASA medical can be used with the 61.75 for private usage but for the FAA ATP cert you will need a 3rd class medical to take the checkride and an appropriate class of medical (1 or 2 ) for commercial operations.
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Old 17th Mar 2019, 07:10
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Originally Posted by Marekjefrajer
Hello everyone. I need a bit of a help with FAA regulations. I am an airline pilot under EASA but I am looking for some information concerning pilot training under FAA.

As far as I am concerned, there are either FAA-approved flight schools or certificated flight instructors. My question being, what are the documents regulating flight schools and certificated flight instructors (like Title 14: Aeronautics and Space, Part 61)?
An "approved school" operates under Part 141 so you may also hear the term "141 school." An approved school uses a more structured syllabus so there is some reduction in the hours required versus Part 61 training.

Are these the only two means of obtaining flight training? Can certificated flight instructor offer flight instructions to anyone, while not being employed by any approved flight school? Does he need to have any approved manuals? Is there anything like not-certificated flight instructor as well?
Yes, yes and no. In theory anyone could teach you to fly. However unless they are a CFI the time spent with them doesn't count.

If a certificated flight instructor is allowed to provide flight instructions outside of a flight school, can he provide flight training for all types of licenses, or for example only up to private pilot license, and, if a pilot wants to obtain a higher license (instrument rating, commercial pilot license, etc.), does he have to receive this training in an approved flight school? Does a certificated flight instructor have to have his own aircraft, or can he provide flight training on his client‘s aircraft?
CFI certificates have categories and ratings just like pilot certificates. A pilot could have a commercial SEL/MEL/glider pilot certificate but only have a CFI-glider and therefore only be able to instruct in gliders. I would say most CFIs start with a CFI airplane certificate. If the took their checkride in a SE airplane they would only be able to give instruction in SE aircraft. But they could instruct PVT, COMM or ATP level students. There is an additional checkride for a ME CFI and another written exam and checkride for an instrument instructor rating. Some of the instruction for an IR must be given by a CFI-I however the 3 hours instrument time for the PVT can be given by a plain CFI. A CFI could own their training aircraf or instruct in the student's aircraft. The normal situation is they work for a flight school either Part 61 or Part 141 and teach in the school's aircraft.

To be more specific with my question, for example §61.109 Aeronautical experience says, that „(a)…a person who applies for a private pilot certificate with an airplane category and single-engine class rating must log at least 40 hours of flight time that includes at least 20 hours of flight training from an authorized instructor and 10 hours of solo flight training…

Is the term authorized instructor equal to certificated flight instructor? Does an applicant have to fly those 20 hours with an instructor within an approved flight school or can it be with any certificated flight instructor, who might not be employed by any flight school? Last but not least, 40 hours total minus 20 with instructor minus 10 hours of solo flight training results in remaining 10 hours required for private pilot license. Is there any other regulation concerning these 10 hours?

If there is someone who can explain me the basic rules of FAA regulations, I would appreciate it very much!

Thanks in advance, Marek
An authorized instructor is a CFI with the appropriate ratings. A CFI-G could not instruct in an airplane.

Yes, there is a gap in the required hours. Not many students are ready for their checkride at 40 hours. I recall hearing years back the average student had about 55-60 when they took their checkride under Part 61. The 3 hours X-c, 3 hours night and 3 hours hood time can overlap. As the holder of a foreign license you would have to figure out which of your foreign hours could count for the FAA requirements. The one thing for sure you would need is the 3 hours checkride preparation in the prior 2 months.

To the last post above, if you are taking an ATP checkride in a simulator you don't need any medical. Simulator training falls under Part 142 which has different requirements for instructors.
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Old 17th Mar 2019, 23:51
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>An authorized instructor is a CFI with the appropriate ratings..

The official definition is below. Whilst you can count your EASA training towards requirements some things ( eg endorsements etc) require an authorised instructor. Part 61.1 defines this as(i) A person who holds a ground instructor certificate issued under part 61 of this chapter and is in compliance with § 61.217, when conducting ground training in accordance with the privileges and limitations of his or her ground instructor certificate;(ii) A person who holds a flight instructor certificate issued under part 61 of this chapter and is in compliance with § 61.197, when conducting ground training or flight training in accordance with the privileges and limitations of his or her flight instructor certificate; or(iii) A person authorized by the Administrator to provide ground training or flight training under part 61, 121, 135, or 142 of this chapter when conducting ground training or flight training in accordance with that authority.
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Old 17th Mar 2019, 23:55
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Here is where you need to start - have a read of this

https://www.law.cornell.edu/cfr/text...t-61/subpart-G
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Old 18th Mar 2019, 00:07
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According to the regs:

”Authorized instructor” - Instructor that holds FAA teaching credentials.

Part 61 - I can teach at a picnic table under a shade tree. Not required to use an “approved syllabus”.
i can use any and all available syllabus or make my own.

Part 141 - “FAA approved pilot school” needs inspected and approved classrooms, teaching aids, air conditioning, rest room facilities, weather briefing options (online or phone) and a syllabus which is approved for use by the supervising FAA inspector. This can be a commercially available or self made syllabus but it needs to be “approved”.
These schools are subject to stricter FAA oversight, record keeping requirements, record checks and flight instructor standardization requirements.

In an extreme case ( just to clarify the point) a part 61 school can employ a dozen Part time flight instructors who each use their own chosen syllabus to the best of their knowledge and ability.

Part 141 school - all instructors have received standardization training and use the same syllabus and are subject to stricter record keeping requirements and pass rates.

The school I worked for did not differentiate between Part 61 and Part 141 and treated ( and trained) everybody to Part 141 requirements.

Consider a Part 141 flightschool like a chain restaurant. They all offer the same menu and answer to corporate.

Part 61 can be ( not always is) like a local mom and pop restaurant.

Only Part 141 schools can train non-US students on a student visa.
Not counting green card holders.
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Old 18th Mar 2019, 02:02
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Originally Posted by B2N2
Only Part 141 schools can train non-US students on a student visa.
Not counting green card holders.

A Part 61 instructor can train non-US students if he/she has registered as a "Flight Training Provider" with TSA. I don't know any Part 61 independent CFIs who have done that, though.
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Old 18th Mar 2019, 14:09
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Originally Posted by MarcK
A Part 61 instructor can train non-US students if he/she has registered as a "Flight Training Provider" with TSA. I don't know any Part 61 independent CFIs who have done that, though.
Just to clarify, the TSA is not a visa issuing authority. Just because the TSA says that a student is cleared to train, does not mean that the student is legal to train in the eyes of USCIS. I have seen many cases where the TSA have approved foreigners on the visa waiver program to start training and I had to explain to flight school management that this was not legal. Now, if someone has a green card or another status visa that allows them to flight train, they can train at a part 61 school with TSA approval.
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Old 18th Mar 2019, 19:15
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Zonda - the whole can of worms right there ! There are those who say only the M visa permits flight training. There are those who say that the visa status is mostly irrelevant to the training if less than 18hrs a week. You appear to occupy the pragmatic middle ground ( as do I) except that where is the difference between ESTA and a B1 visa? . And how does one determine factually if you can train on a particular visa - no definitive answer to that exists, no guidelines about what actually constitues training eg everything from an hour dual through a 5 hours float rating up to to a PPL or CPL course is training.! TSA will give you training approval as long as either a. you are out of the country or b. you can prove you are legally in the country ( entry stamp, any method including esta).
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Old 18th Mar 2019, 20:00
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Custardpsc, my thoughts exactly!
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Old 18th Mar 2019, 20:05
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If pilots couldn’t train under the VWP then Flight safety and CAE would lose over 50% of their business.

It’s USCIS that lets you in the country, and TSA that allows a foreign person to train. It’s really as simple as that.

It’s not upto the flight school to determine a students alien status in the country. If a student doesn’t have a valid means to be in the country then the TSA won’t approve the training.
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Old 19th Mar 2019, 04:17
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Hi Marek. You might find this thread I started a few months ago handy. The guys were really helpful with some of my questions - and yes, it seems having a foreign ATP/L doesn't really matter that much over in the States, you'll need to do the ATP CTP course which I am currently looking at. Good luck.

Bugger. It appears I can't link to anything just yet. Look in my post history and/or search for the thread "ATP Course". Sorry!
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Old 19th Mar 2019, 10:03
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havick, pursuit of a course of study by aliens admitted to the United States under the VWP, or a B-class visa, is expressly prohibited by statute. The relevant regulation and supplemental guidance is given in this (pdf link) memorandum dated 12 Apr 2002 for regional directors et al from the Executive Associate Commissioner of the Immigration and Naturalization Service on the subject "prohibition of B-1 or B-2 nonimmigrants enrolling in a course of study prior to a change of nonimmigrant status."

8 CFR 214.2(b)(7) Enrollment in a course of study prohibited. An alien who is admitted as, or changes status to, a B-1 or B-2 nonimmigrant on or after April 12, 2002, or who files a request to extend the period of authorized stay in B-1 or B-2 nonimmigrant status on or after such date, violates the conditions of his or her B-1 or B-2 status if the alien enrolls in a course of study. Such an alien who desires to enroll in a course of study must either obtain an F-1 or M-1 nonimmigrant visa from a consular officer abroad and seek readmission to the United States, or apply for and obtain a change of status under section 248 of the Act and 8 CFR part 248. The alien may not enroll in the course of study until the Service has admitted the alien as an F-1 or M-1 nonimmigrant or has approved the alien's application under part 248 of this chapter and changed the alien's status to that of an F-1 or M-1 nonimmigrant.
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Old 19th Mar 2019, 10:24
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Originally Posted by selfin
havick, pursuit of a course of study by aliens admitted to the United States under the VWP, or a B-class visa, is expressly prohibited by statute. The relevant regulation and supplemental guidance is given in this (pdf link) memorandum dated 12 Apr 2002 for regional directors et al from the Executive Associate Commissioner of the Immigration and Naturalization Service on the subject "prohibition of B-1 or B-2 nonimmigrants enrolling in a course of study prior to a change of nonimmigrant status."
what’s the definition of a course of study then?

like I said why does the TSA even have the VWP as an option in their application?

is a type rating, or an ATP conversion a course of study?

Serious question. How do pretty much all the pilots in the world from VWP eligible countries get away with coming to FSI or CAE for a recurrent or type rating then?

**Edit - Just read the document. Pretty interesting. I suppose a recurrent training wouldn’t constitute a course of training, and perhaps borderline an initial type rating. Perhaps even a license conversion wouldn’t constitute a course of training if it’s straight to an ATP as technically there’s no training required just a written and test component (helicopter only as fixed wing needs ATP-CTP course). But the primary “intent” of the visit would have to be for vacation and then also happen to knock over the flight stuff. I suppose in that instance it would be legal under the VWP.
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Old 19th Mar 2019, 12:17
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havick, see the supplemental guidance in the memo. Neither statute nor regulations apply a meaning to the term so interpretation must come from standard canons of construction. A once-off training flight in a seaplane is unlikely to be taken as meaning a course of study. The DOJ position will clearly treat an initial type rating training programme as a course of study.

Not all alien applicants, for whom TSA security threat assessments and background checks are required, need to complete courses of study. Such applicants are consequently not required to seek admission under a vocational or academic study visa.

You may wish to read the transcript of a house hearing before the subcommittee on transportation security "A decade after 9/11 could American flight schools still unknowingly be training terrorists?" done 18 Jul 2012 (serial no 112-106). See transcript on GPO website here: https://www.govinfo.gov/content/pkg/...2hhrg79848.htm
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Old 19th Mar 2019, 13:57
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Begs the question how do the large sim companies get away with training probably half their clients on the VWP?
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Old 24th Mar 2019, 14:47
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I’ve done a Type Rating in the US and entered the country on a B1/B2 visa, as have a number of my colleagues. I guess the question, as asked by others above is - “Is a type rating a “Course of Study”?”
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Old 24th Mar 2019, 20:34
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There’s a 14 page sticky on this subject

M1 Visa or no Visa and SEVIS approved schools in the USA
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