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European FI/FE in the US

An additional way to find German FEs that reside in the US, you can use http://www2.lba.de/examiner/?tablename=mv_examaliste and select USA for country to search.

P19 EDFE EDVE EDDS

An excellent post by Qalupalik as usual

states that EASA flight tests are not deemed to be “practical tests” within the meaning of US regulations and that such flights are operations for compensation or hire. Again, at least a US commercial pilot certificate is required. Chief Counsel stopped short of addressing whether an EASA test (or assessment or check) would come under one of the 14 CFR 119.1(e) exceptions.

[ my bold ]

What is the difference between the two bold bits?

I wonder where an EASA license revalidation would fall?

That will require appropriate work authorisation as it’s deemed to be labour whether or not remunerated.

I don’t know about the US end but this has been looked at at the UK end, in the context of visiting FAA DPEs doing checkrides in the UK. It seems a grey area but the UK work visa regs do allow ad hoc stuff e.g. a team of Boeing engineers visiting the UK and presenting a seminar for which the delegates are paying. Is the US treating ad hoc work differently?

Administrator
Shoreham EGKA, United Kingdom

In Olson the blanket term flight test distinguishes a Part-FCL demonstration of skill from the term practical test already interpreted for US purposes.

Part-FCL demonstrations of skill are described in FCL.010. The bracketed words will be inserted by the amendment currently awaiting scrutiny by the European Parliament.

‘Skill test’ means the demonstration of skill for a licence or rating issue, including such oral examination as may be required.

‘Proficiency check’ means the demonstration of skill to revalidate or renew ratings [or privileges], and including such oral examination as may be required.

[‘Assessment of competence’ means the demonstration of skills, knowledge and attitude for the initial issue, revalidation or renewal of an instructor or examiner certificate.

‘Renewal’ (of, e.g. a rating or certificate) means the administrative action taken after a rating or certificate has lapsed for the purpose of renewing the privileges of the rating or certificate for a further specified period consequent upon the fulfilment of specified requirements.

‘Revalidation’ (of, e.g. a rating or certificate) means the administrative action taken within the period of validity of a rating or certificate which allows the holder to continue to exercise the privileges of a rating or certificate for a further specified period consequent upon the fulfilment of specified requirements.

Peter wrote:

I wonder where an EASA license revalidation would fall?

That’s a good question because some candidates could act as pilot-in-command according to US regulations. The Administrator traditionally regards the instructor as the acting pilot-in-command by default. Admin v Hamre, Admin v Moeslein, etc (link). Whether the same standard would be applied to a Part-FCL instructor or examiner, being neither a US-certificated flight instructor nor a US-authorised examiner, is unknown.

To add context to the Olson interpretation it’s normal practice in the US for candidates to act as the pilot-in-command while undertaking a practical test. The rule for this, 14 CFR 61.47, was originally proposed in notice 64-33 (26 May 1964) to overcome prevalent confusion about the capacity of the examiner and clarify that the passenger carrying limitation did not apply to the candidate. Notice published at 29 FR 7150 (2 Jun 1964) (link). The final rule, then section 61.26, took effect 1 Sep 1965. A review of material comments from industry is given in the preamble. See amendment 61-19 published at 30 FR 8515 (3 Jul 1965) (link). The language appears to have been carefully chosen to facilitate the lawful transfer of command to the inspector or examiner. In any event none of this applies to Part-FCL examiners lacking US authorisation.

The UK allows citizens who are not Swiss or EEA nationals to come to UK under a Permitted Paid Engagement visa to examine UK-based pilots if the examiner has been invited by a UK ATO. I don’t believe an equivalent option exists in US immigration law. It’s not permitted to perform labour under a B-1, see eg 9 FAM 402.2 (link).

London
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