Flight training flexibility

In a recent rulemaking, however, the FAA put up some guardrails on what flight instructors may teach student pilots. It amended FAR 61.193(a)(7) to allow instructors to provide elective and specialized training to maintain or improve piloting skills that are not specifically required by the regulations for a pilot certificate, rating, operating privilege, or for pilot currency. On its face, this amendment is a welcome clarification that instructors are authorized to conduct elective and specialized training that doesn’t have a federal aviation regulation requirement. But in doing so, the FAA limited this elective and specialized training to already certificated pilots only. In other words, elective and specialized training cannot be provided to student pilots.

In its proposed rule, the FAA said that elective and specialized training includes “transition training to operate a new aircraft of the same category and class, aerobatic training, formation training, and mountain flying,” among others. Although the FAA found this training to be “highly beneficial and increases safety for already certificated pilots who intend to perform these types of operations,” the agency didn’t find this training beneficial to student pilots.

AOPA submitted comments requesting that the FAA allow instructors to provide elective and specialized training to all individuals, as this training is beneficial to any individual regardless of experience level. In response, the FAA said, “persons will be required to possess at least a fundamental pilot certificate…to be eligible to receive this type of training.” Further, the FAA found that student pilots should first become certificated pilots before pursuing elective or specialized training: “individuals with little to no pilot knowledge, skills, or experience should become certificated pilots proficient in basic pilot skills before pursuing elective or specialized training activities.” The FAA said the “building block approach to flight training is the safest and most effective method” but that teaching advanced skills is not an appropriate building block of instruction for non-certificated pilots.

In addition to prohibiting elective and specialized training for student pilots, the FAA made clear its view that providing introductory flights to individuals with no intention of becoming pilots would fall outside of the privileges of a flight instructor certificate. The FAA said these flights would likely be considered air tours and a violation of the new FAR 61.193(c).

So, what do these changes mean for flight instructors? On the one hand, flight instructors are now specifically authorized to conduct ground and flight training aimed at maintaining or improving the skills of certificated pilots and may log this time (even retro-actively). On the other hand, flight instructors, particularly those operating under Part 61, have less flexibility to deviate from the traditional building blocks of flight instruction when teaching student pilots.

To be clear, flight instructors are still authorized to conduct ground and flight training necessary to obtain student pilot certificates, pilot certificates, and operating privileges as well as for practical tests and knowledge tests. It is not clear, however, exactly where the line is between training necessary to obtain a pilot certificate or operating privilege and elective or specialized training reserved for already certificated pilots. It seems reasonable that it would be within an instructor’s privileges to teach and issue endorsements to student pilots owning high performance or complex aircraft, as these endorsements are required by FAR 61.31 and necessary to conduct solo flight in such aircraft and mountain flying techniques for student pilots learning to fly over mountainous terrain. We hope the FAA will adopt this type of reasonable approach to these changes. Instructors, however, should not teach or demonstrate aerobatics or formation flying to student pilots because there is no specific regulatory requirement for this type of training and this likely would not be within the scope of an instructor’s privileges.

Until the FAA offers additional guidance, or until courts can rule on the issue, we encourage flight instructors to exercise caution before providing instruction not specifically required by the regulations to student pilots.

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