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FAA Recognition of Australian Licence

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FAA Recognition of Australian Licence

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Old 3rd Apr 2007, 23:57
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FAA Recognition of Australian Licence

BRAINTEASER #2

You have an Australian CPL ME CIR-ME and are CFI for good measure. You have a US PRIVATE PILOT (Foreign Based) Certificate issued on the basis of the AU licence.

Does the FAA permit you to operate any (Nxxxx or VH-xxx) aircraft in US jurisdiction for "hire or reward" or "compensation" if it is a PRIVATE and not a COMMERCIAL certificate. The flight is ferrying an aircraft both within the US and from the US to OZ, and relevant excerpts from the US FAR are below.

What's your interpretation?

[I]FAR 61.133 Commercial pilot privileges and limitations.
(a) Privileges —(1) General. A person who holds a commercial pilot certificate may act as pilot in command of an aircraft—
(i) Carrying persons or property for compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation; and
(ii) For compensation or hire, provided the person is qualified in accordance with this part and with the applicable parts of this chapter that apply to the operation.

FAR61.113 Private pilot privileges and limitations: Pilot in command.
(a) Except as provided in paragraphs (b) through (g) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an aircraft.
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Old 4th Apr 2007, 00:33
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Ovation

The 'paper coversions' from the Oz to US license only go to the PPL level. You will need an FAA Commercial to ferry an N registered aircraft for compensation.

If not for compensation you may ferry either N or VH on your current ticket. (unless it's a N reg twin)

If you are ferrying an N single for compensation in the US you will need to take the FAA Commercial Written and the Practical (flight) test, both of which require an endorsement from an FAA rated Instructor stating you have had the appropriate training.

If it is either an N or VH twin for compensation, you will also need an FAA ME rating.

IMO, best bet for the money is spend some time prepping for the written test (http://www.webexams.com/). Then get in contact with a school like (http://www.2-eagle.com/) and get it all done at the same time. Could probably be done in a weekend.

(not a recommendation for the school or website, just examples)

Advantages: One written exam, one or two training flights, one composite oral exam, one checkride, done. At that point you may ferry either VH or N registered single or twin for compensation.

Quick edit: Unless you personally own the aircraft it is not Part 91. If your company owns it you are being compensated to fly it and are back into the loop described above.
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Old 4th Apr 2007, 00:35
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Ferrying aircraft in the US can be conducted under FAR91. Yes you can do it on a PPL (issued on the basis of ....).

If you want to use an IR its a 30 question multi guess exam. No flight tests required.

Sorry, just re-read the question. The FAR's are quite specific. If you're being paid to operate an 'N' registered aircraft (be it a ferry flight or otherwise) you'll need a commercial licence.

Last edited by Grivation; 4th Apr 2007 at 02:47.
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Old 4th Apr 2007, 01:00
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Ovation, where are you heading with this?-

A new aeroplane is damaged whilst being ferried
The PF is alledged to be a SPL holder, the PIC is the CFI of the company.
The aeroplane is VH registered
Now you are alluding that the CFI is not licenced.

Could it be that the CFI carries a FAA piece of paper to ferry N-registered aircraft going back the other way?

Sounds like you need to engage a solicitor.

Whats your beef,mate? Are you after a brand new undamaged replacement instead of a repair job?

EDIT- Just to add
There are ferrys from USA to OZ fairly regularly,and if you ask nicely you might be able to fly the aircraft yourself in company with one of their ferries. That way you'll log the hours and have a great adventure, and your insurer will view it more kindly.
So these guys are doing what you would suggest to a prospective customer. I guess it matters whether the SPL is buying the aircraft or flying someone else's.

Last edited by OZBUSDRIVER; 4th Apr 2007 at 01:13.
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Old 4th Apr 2007, 02:25
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OZBUSDRIVER, whoever you are put you knickers back on and read the question properly (RTFQP). I am simply asking questions that are reasonable in a forum such as this, not making statements about any particular person or organisaton.

You quote from an earlier topic about ferry operation and the contributor said:
There are ferrys from USA to OZ fairly regularly,and if you ask nicely you might be able to fly the aircraft yourself in company with one of their ferries. That way you'll log the hours and have a great adventure, and your insurer will view it more kindly.
A private pilot with a US and AU licence in his own VH registered aircraft is entitled to fly it in the US and internationally if he is flying it for for himself and the operation is PRIVATE. Similarly, a pilot with both AU and US licence and N rego aircraft can ferry his own aircraft to OZ (assume aircraft owned by a ferry trust).

So these guys are doing what you would suggest to a prospective customer. I guess it matters whether the SPL is buying the aircraft or flying someone else's.
I don't understand what the above comment means in reference to SPL. We are talking about eligibility to operate in the US "for compensation" and the brainteaser is specific to that subject. You however seem to be taking this personally - why so? Why would I need a solicitor?
A new aeroplane is damaged whilst being ferried
The PF is alledged (sic) to be a SPL holder, the PIC is the CFI of the company.
The aeroplane is VH registered
Now you are alluding that the CFI is not licenced.
The "question" is not specific to you (whoever you are) or any particular flight or ferry operation even if you would like to think so. It merely seeks to establish the legality of such an operation with different classes of licences.
I am not qualified or knowledgable enough to make any judgement about right or wrong. Maybe I would be better off putting the same question to an FAA FSDO.
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Old 4th Apr 2007, 05:59
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If you are ferrying an N single for compensation in the US you will need to take the FAA Commercial Written and the Practical (flight) test, both of which require an endorsement from an FAA rated Instructor stating you have had the appropriate training.
Thank you for your constructive comment. What applies to ferrying a VH-xxx single for compensation in the US? Do the same regulations apply?

Both FAR 91.113 and 91.131 state "an aircraft" and are not specific to whether it's N or Foreign registration.
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Old 4th Apr 2007, 09:39
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Ovation

An AU Commercial License is the minimum requirement to ferry a VH reg aircraft in the US for compensation.

Any compensated flying in the US requires a Commercial License.

The Commercial License must match the country of aircraft registration. (N=N, VH=VH)
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