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Temporary FAA Licence based of JAA PPL

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Old 15th Nov 2006, 08:36
  #41 (permalink)  
 
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Originally Posted by 421C
I take back my earlier point. ca_flyer, thanks for your patience, at least I have learned something. More careful reading of 61.55 (especially subpart (d) which refers to Safety Pilots) makes it clear that the Safety Pilot is a required crewmember in the Second-In-Command sense, and that means he must be current etc, and meet other SIC requirements except those that 61.55f4 says are not needed.
Maybe I'm just being exceedingly thick this morning, but my reading of 61.55(d)(4) says that the SIC regulations don't apply to safety pilots as discussed in this thread.

So I reckon you were right the first time. There is no regulation that says a safety pilot as described in 91.109 has to be current unless he is acting as PIC. An argument has been put forward that he needs to be able to take over as PIC at any time, so must be qualified to be PIC. Well, that's stretching it. If you needed to be current as a part 91.109 safety pilot then why not say that in the regs? Does a 737 co-pilot in a part 121 operation need an ATP just in case the captain dies and the co-pilot SIC needs to take over? Nope, just a CPL, which doesn't allow you to be PIC in that sort of operation.
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Old 15th Nov 2006, 16:18
  #42 (permalink)  
 
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Well there you go, was definitely very thick this morning as I pulled up the wrong link in my browser and got a 2005 version of the FARS. The reg changed in 2005 to come into line with ICAO SIC rules.
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Old 17th Nov 2006, 20:13
  #43 (permalink)  
 
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Got this statement from the FAA Airmen Branch on FAR 61.75 and 61.56. These is a clear requirement for a BFR when using an FAA license issued on the basis of a foreign license. Copied here verbatim for an email I received.

-----------------------------------------------------------------------
In order to exercise the privileges of your FAA pilot certificate you are required to complete a biannual flight review in accordance with 14 CFR Part 61.56.

ANSWER: Ref. § 61.56(c) and § 61.75(b)(1); Yes, the flight review requirement even applies to foreign pilots when exercising their U.S. pilot certificate. It makes no difference whether it was a U.S. pilot certificate that was issued in accordance with § 61.75 or § 61.103. It is still a U.S. pilot certificate. And when a person is exercising that U.S. pilot certificate then as per § 61.56(c) it states, in pertinent part, ". . . no person may act as pilot in command of an aircraft unless, since the beginning of the 24th calendar month before the month in which that pilot acts as pilot in command, that person has-

(1) Accomplished a flight review given in an aircraft for which that pilot is rated by an authorized instructor; and

(2) A logbook endorsed from an authorized instructor who gave the review certifying that the person has satisfactorily completed the review."

There is no difference. If a U.S. pilot is issued a foreign pilot license on the basis of holding a U.S. pilot certificate, that person is expected to comply with that foreign country's pilot certification rules when exercising that foreign pilot certificate. And so, there is no difference when the situation is reversed and a foreign pilot is exercising a U.S. pilot certificate.

As for your comments about § 61.75 (b)(1) which states, in pertinent part ". . . without any further showing of proficiency, provided the applicant:
(1) Meets the requirements of this section;"

What that rule [i.e., § 61.75(b)(1)] is addressing is one of the prerequisite eligibility requirements that govern the issuance of that U.S. private pilot certificate. Once the certificate is issued, there are currency and operational requirements that the pilot must meet and comply with, just like any other pilot certificate that is issued by the FAA.

And as I've said many times in the past, the FAA is a service organization, as well as a regulatory agency, and I agree and fully urge ASIs to take some time with a foreign pilot to explain our recency of experience, instrument currency, VFR rules, air traffic requirements, airspace requirements, etc. to foreign pilots when you all issue one of these § 61.75 private pilot certificates.

And this answer has been coordinated and approved by the FAA's Office of Chief Counsel, AGC 240.
{Q&A-326}

Best regards,
Airmen Certification Branch

-----------------------------------------------------------------------
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Old 22nd Nov 2006, 08:34
  #44 (permalink)  
 
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Restricted FAA PPL

Hi,

I would be grateful if someone could answer this question.

I have a restricted FAA PPL based on my JAA PPL.

I went to the States and done the following -

1) Multi Engine Rating, followed by : -
2) Instument Rating completed all in a multi engine aircraft.

The only ground exam I did was the FAA Instrument Rating Exam.

The FAA have advised me that that they will not issue my FAA Ratings because I did not sit the FAA PPL written exam.

It was my understanding that I would only need to do the FAA written exam if I wanted the restrictions on my license removed.

Can someone please adivse me if I need to do the FAA PPL written exam or if I dont want the restricitons removed the I do not have to sit this exam.

If someonce could also point me in the right direction where this is in the FAR AIM I would be most grateful.

Thanks

Steve
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Old 24th Nov 2006, 13:25
  #45 (permalink)  
 
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From my clarification with the FAA on the Restricted License:

1. You can add FAA ratings to your Restricted License, but your Foreign needs to be valid. Currency of licenses depends on which one you fly on.
If you fly on the FAA one, you need a valid foreign license (medical etc) to keep your FAA one valid, but you need to keep your FAA curernt (biennial, 90 pax rules etc)

2. If you add an FAA rating to your Restricted License, you MUST have a current FAA medical as well as your medical to keep your foreign license valid. This is because the FAA rating is issued on a stand alone basis, but tagged to a restricted license and such validiy of the rating is required as well as validity of the license.

So for a Restricted license with additional FAA ratings, you need 2 medical certificates and 2 valid licenses and whichever one you are flying on to be current in order to be legal.

Best bet is to go for the full FAA PPL and do the exams and skills test, then you can ignore your foreign license on the assumption of course, you have no need for it.
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Old 25th Nov 2006, 09:34
  #46 (permalink)  
 
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Originally Posted by SoCal App
but this is not what StevenN quoted as being the FAA's reason.. hence why he needs to go back and ask for detailed clarification..
True, and I was trying to help clarify some things that may help with formatting the right question to the FAA. Perhaps, for example, StevenN does not have an FAA medical; perhaps he did not realise what a Restircted license really means (as I had not fully appreciated until the FAA clarification). I also suspect the FAA reasoning response StevenN posted was somewhat paraphrased.

By clarifying I was just trying to increase understanding.
You are absolutely correct in that it is only the FAA that can answer the question.

Last edited by Arrowflyer; 25th Nov 2006 at 09:36. Reason: Grammer
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Old 26th Nov 2006, 21:58
  #47 (permalink)  
 
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If the FAA Licence is issued on the basis of a JAA licence which must be valid in order to exercise the privileges of the FAA licence, then to add an IR he must surely hold a JAA IR. Alternatively, he would need an Unrestricted FAA PPL.
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Old 27th Nov 2006, 21:45
  #48 (permalink)  
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Adding FAA IR to FAA PPL IOB of JAA PPL

The answer is simple.

In order to add an FAA IR to an FAA Private Pilot licence issued on the basis of foreign airmans certificate (IOB) (e.g. JAA PPL SEP) the training requirements and aeronautical experience required under FAA FAR Part 61/141must be met in relation to the FAA Private Pilot Requirements.

The FAA examiner executing the FAA IR practical test should have checked that the applicant had met the Part 61/141 requirements for the issue of an FAA Private Pilot licence prior executing the IR practical test.

Quite where the denial to issue the FAA IR on the basis of not having passed the FAA Private Pilot written exam comes from, I do not know, never heard of this one. FAA FAR's as follows (the section in bold is where most applicant's fail to meet FAA Private Pilot requirements and are therefore denied additional FAA rating issue):

Sec. 61.109

Aeronautical experience.

(a) For an airplane single-engine rating. Except as provided in paragraph (k) of this section, 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 in the areas of operation listed in Sec. 61.107(b)(1) of this part, and the training must include at least--
(1) 3 hours of cross-country flight training in a single-engine airplane;
(2) Except as provided in Sec. 61.110 of this part, 3 hours of night flight training in a single-engine airplane that includes--
(i) One cross-country flight of over 100 nautical miles total distance; and
(ii) 10 takeoffs and 10 landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport.
(3) 3 hours of flight training in a single-engine airplane on the control and maneuvering of an airplane solely by reference to instruments, including straight and level flight, constant airspeed climbs and descents, turns to a heading, recovery from unusual flight attitudes, radio communications, and the use of navigation systems/facilities and radar services appropriate to instrument flight;
(4) 3 hours of flight training in preparation for the practical test in a single-engine airplane, which must have been performed within 60 days preceding the date of the test; and
(5) 10 hours of solo flight time in a single-engine airplane, consisting of at least--
(i) 5 hours of solo cross-country time;
(ii) One solo cross-country flight of at least 150 nautical miles total distance, with full-stop landings at a minimum of three points, and one segment of the flight consisting of a straight-line distance of at least 50 nautical miles between the takeoff and landing locations; and
(iii) Three takeoffs and three landings to a full stop (with each landing involving a flight in the traffic pattern) at an airport with an operating control tower.

Trust above is helpful.

When an FAA IR is issued to an FAA PPL that is IOB then the licence reads the same as before i.e. Private Pilot Single Engine Land issued on the basis of etc. etc. and then:

Instrument Rating Single Engine US Test Passed

The IR is a "stand alone" rating.

I will however do a little "checking" myself and get answer for you.

Adrian Thompson
Head of Training
OBA FL USA
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Old 28th Nov 2006, 10:31
  #49 (permalink)  
 
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Faa Ppl

Thank you for your replies.

Just before I go back to the FAA, can anyone tell me does the PPL written exam have to be done if I want the multi engine rating added to my restricted PPL.

Thanks
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Old 28th Nov 2006, 22:30
  #50 (permalink)  
 
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Thumbs up

In response to Stevens questions, for which I offer a rather late reply regarding adding an Instrument rating to the US validation of his UK licence. I will offer the following.

When you were given an unsatisfactory answer at the FSDO you should have followed it up with a request for the written rule. The Freedom of Information Act covers all of you!!

Volume 2, Chapter 29 of the FAA Inspectors Handbook, 8700.1 lays it out very clearly and if you ask the inspector to refer to page 29-3 you will see that in the Left hand column (c), the answer.

It states that in order for you to have a "Standard" Instrument Rating you must pass the appropriate Knowledge Test AND the Practical Test. (Flight Check) End of story. Once you have passed BOTH parts you have a Standard FAA Instrument Rating.

If you hold a UK instrument rating there is a "short" Instrument, Foreign Pilot, Knowledge Test" (50 questions) and then the FSDO will make an annotation to your validation and you can fly IFR in the system.

Should you at a later date pass the writtens and the practical test for a US Commercial you will then be able to transfer the "Standard" Instrument Rating without further testing but not the one obtained by doing the "short" written.

I hope that helps a little as there are some strange definitions being pushed out here.

Regards,
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Old 28th Nov 2006, 22:36
  #51 (permalink)  
 
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Faa Ppl?

To answeer your question regarding getting a Multi Engine Rating added to your UK Validation, you do not have to do any written.

You will be required to get the training and the sign-offs. Then with the Form 8710 in hand, take that and your log book plus certificate to the FSDO.

Don't forget the security issues/visa when you show up and ask to do any flying training. I know they are not uniformly applied but they should be.

Regards.
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Old 28th Nov 2006, 22:40
  #52 (permalink)  
 
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Faa Ppl?

To answer your question regarding getting a Multi Engine Rating added to your UK Validation, you do not have to do any written.

You will be required to get the training and the sign-offs. Then with the Form 8710 in hand, take that and your log book plus certificate to the FSDO.

Don't forget the security issues/visa when you show up and ask to do any flying training. I know they are not uniformly applied but they should be.

Regards.
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Old 29th Nov 2006, 04:17
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Don't forget the security issues/visa when you show up and ask to do any flying training. I know they are not uniformly applied but they should be.

The above isn't actually correct. It's been done to death elsewhere here but TSA applies to a PPL or IR and does not apply to most/all of the other stuff e.g. CPL, CFI, CFII etc and the guidelines for that are very clear. Visa requirements are less clear but are also debatable. US law refers to a course of study of 18+hrs/week. This will catch a lot of training but far from all.
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Old 29th Nov 2006, 08:34
  #54 (permalink)  
 
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Thumbs up Faa Ppl.

SoCalApp,
You are correct. Steven does not have to do the Private Knowledge Test prior to adding the Instrument Rating.
What I gave is direct from the Inspectors Handbook, 8700.1, and there is no reference to having to pass the Private Knowledge Test before adding the Instrument. Just that he has to do the Instrument Written and the Practical, flight test in order to get a Standard Instrument rating.
That is why I stated "ask the inspector to show you in writing where he gets his information from"!!
IO-540, As someone from the UK you may indeed be correct. I would suggest you try your argument with the Homeland Security/Immigration guy as you arrive in the country!! Probably a good way to get a fast trip back to the UK. It is known as Win the War but lose the battle. Pick one that you are going to win.
Regards.
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Old 30th Nov 2006, 06:21
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I would suggest that there is a big difference between

a) telling the average US Immigration Official that you are going to to flight training (in which case you may as well ask him to show you his .45), and

b) just going to the USA and doing some flying while remaining entirely within the published US law on the matter

are two different things.

The real problem is the school. If you go to a Part 141 school (which you have to, if you want to get a Visa, due to SEVIS / I-20) then will probably just say you have to get a visa. They are pig ignorant but that's the world we live in. OTOH if you go to a small Part 61 school, and explain the law to them, they are unlikely to be bothered.

Still, for the subject matter (an FAA private certificate) TSA is definitely needed, and a Visa will be needed if you will do more than 18hrs/week of ground+air work. And if you are getting TSA then you ought to get the Visa too because they have probably joined up their databases. They were not joined up when I did my stuff (in fact the TSA told me they know nothing and care absolutely nothing about visas) but I believe that may have changed.
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Old 30th Nov 2006, 18:02
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OK, back to Square One: what is "appropriate visa for flight training"? Where is the reference for the primary legislation in the USA covering this?

If you cannot dig this out, I will be delighted to write to the TSA and ask them to clarify it
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Old 1st Dec 2006, 15:40
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Aero`s Training in the states

I`ve booked some hour building and an aero`s course in the states next year, so as far as i`m aware I don`t need a visa - correct? As its not for a further rating?

Also to validate my JAA PPL to a FAA one I have to send the appropriate forms to the FAA and CAA (along with the cash) and wait for it through the post. Do I still need to visit a FSDO over in the states, or will they send all the paperwork through - i have 5 months before I go so plenty of time you would think!

Any advice as ever very much appreciated!
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Old 1st Dec 2006, 15:58
  #58 (permalink)  
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Originally Posted by Seagull61
I`ve booked some hour building and an aero`s course in the states next year, so as far as i`m aware I don`t need a visa - correct? As its not for a further rating?

Also to validate my JAA PPL to a FAA one I have to send the appropriate forms to the FAA and CAA (along with the cash) and wait for it through the post. Do I still need to visit a FSDO over in the states, or will they send all the paperwork through - i have 5 months before I go so plenty of time you would think!

Any advice as ever very much appreciated!

I am keeping out of the VISA mess!

As for visiting an FSDO, I take it you mean for obtaining an FAA airmans certificate based on ou JAA license?

If so then yes you will need to go to the FSDO that you choose. you could always book the appointment at the FSDO to coincide with the date that you plan to arrive and fly in the U.S, although that leaves you no time to jump through hoops if you are asked to.

When I went for my appointment they insisted I had an FAA medical certificate as well as my CAA certificate. So I had to run around like a mad man to get the medical.

Last edited by gcolyer; 1st Dec 2006 at 16:11. Reason: Horrific Spelling mistakes (Any left?)
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Old 1st Dec 2006, 16:15
  #59 (permalink)  
 
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I have a FAA class 3 medical from when i was across in October doing my PPL.

So once the paperwork is done and dusted we head to the nearest FSDO and do we do a checkride there? Or is it just paper pushing.

I did read the first 2 pages of the thread but there was a lot of conflicting information.
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Old 14th Jan 2007, 16:45
  #60 (permalink)  

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There are "clear rules", there are "open questions", and there is "misinformation".

I think it's very clear that a "reciprocal FAA certificate" needs a valid BFR before the visiting pilot can fly in the US (or fly an N-reg aircraft outside the home country).

I've done RHS for folks practising under the hood, but I had a current BFR at the time. I'm not convinced that's a requirement, but it's a good idea.

My understanding is that you need a Visa and TSA clearance for "training for the grant of a certificate or rating". So for a BFR, nothing needed. For some bimbling with an instructor, nothing needed. For training to upgrade a PPL to a CPL, I think Visa and TSA are needed - but I'd be interested to hear what the pundits say. I think there's something on the US Embassy website about it.

As for the FAA refusing to issue a certificate "based on a UK licence", that didn't happen to me. I added an FAA IR to my "based on", and got the famous words "Instrument Airplane US Test Passed". Then I did an unrestricted FAA PPL to keep it simple.

I wonder - did StevenN try to get a multi-engine FAA PPL and IR on the back of a SEP UK licence and a multi-checkride? That would explain the glitch.
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