This document is designed to acquaint the pilot or flight instructor with many of the substantive changes that have occurred as a result of the Federal Aviation Administration's rewrite of FAR Part 61, Certification: Pilots, Flight Instructors, and Ground Instructors. The final rule was published in the Federal Register on April 4, 1997, and the new regulations are due to take effect on August 4, 1997.
Numerous proposed changes that appeared in the Notice of Proposed Rulemaking have either been dropped from the final rule or significantly altered. This document attempts to show the differences between the existing regulations and those due to take effect in August but also addresses some the major proposals that were dropped from the final rule as a result of adverse public comment.
In the course of the regulatory review, the FAA has made numerous format and editorial changes to the existing regulations, many of which will likely have an impact on future interpretation and enforcement issues. It is not the intent of this document to point out or analyze these changes or their impact on existing regulatory interpretation. Also, this document does not attempt to render a judgment or state AOPA's position on the various changes to the regulations. Rather, it is hoped that this document will serve to draw attention to the intended changes contained in the final rule and provide a tool for study of the new regulations.
Read and download the revised Part 61.
61.1 Definitions -- Defines and attempts to clarify certain terms used in Part 61 (e.g., pilot in command time, cross-country time, flight training, ground training, training time, authorized instructor, examiner, pilot time, practical test, etc.). REVISION: Review 61.1(b)
61.2 Certification of foreign pilots -- Permits the issuance of an additional category, class, instrument, or instructor rating onto an existing U.S. pilot or instructor certificate for foreign pilots outside the U.S. The intent of this change is to increase the potential business of U.S. flight schools internationally. REVISION: Review 61.2(b) and (c)
61.3 Age limitation for certain operations -- Added provision in 61.3 and 61.77 that restricts international air service operations of civil airplanes of U.S. registry for those pilots (both the PIC and the SIC) that have reached their 60 th birthday. These operational restrictions parallel the restrictions that were contained in the Part 119 "commuter" final rule issued last year. The specific provisions were only partially proposed in the Part 61 NPRM, but the "commuter" rule became final after the Part 61 NPRM was published which required FAA to further modify the Part 61 final rule to align with the Part 119 "commuter" final rule. The FAA is seeking public comment on these provisions through June 3, 1997. REVISION: Review 61.3(j) and 61.77(e)
61.5 Certificates and ratings issued under this part -- The NPRM proposed to add powered and nonpowered glider class ratings for private pilot through commercial pilot level, including the flight instructor certificate. The proposal has been withdrawn. PROPOSAL WITHDRAWN.
61.5 Certificates and ratings issued under this part -- The NPRM proposed to establish separate instrument ratings for single-engine and multiengine airplanes. The proposal has been withdrawn and existing certification procedures are retained. PROPOSAL WITHDRAWN.
61.5 Certificates and ratings issued under this part - The NPRM proposed to establish class specific instrument instructor ratings for single-engine and multiengine airplanes. The proposal has been withdrawn and existing certification procedures are retained. PROPOSAL WITHDRAWN.
61.5 Certificates and ratings issued under this part -- The NPRM proposed to replace the existing ground instructor ratings (basic, advanced, and instrument) with ratings according to aircraft category (airplane, rotorcraft, powered-lift, glider, and lighter-than-air with accompanying instrument ratings). The proposal has been withdrawn and the existing ratings (basic, advanced, and instrument) will remain. PROPOSAL WITHDRAWN.
61.5 Certificates and ratings issued under this part -- Adds powered-lift as a new aircraft category for private pilot through ATP certificates and the flight instructor certificate. This new aircraft category is for aircraft that are similar to the V-22 (Boeing-Bell tilt rotor) or V-8 (Harrier jump jet). Although there are no civilian certificated powered-lift aircraft to date, it is expected that these aircraft will receive FAA type certification soon. REVISION: Review 61.5
61.5 Certificates and ratings issued under this part -- The NPRM proposed creating new flight instructor ratings for an: airship; balloon; powered-lift; glider-powered; glider non-powered; instrument airship; and instrument powered-lift. The final rule only establishes a flight instructor and instrument instructor for the new powered-lift aircraft category. All other proposed instructor certificates and ratings have been withdrawn. REVISION, PARTIAL WITHDRAWL OF PROPOSAL: Review 61.5(c)
61.23 Medical certificates: Requirements and duration -- Removes the medical eligibility requirements from the various pilot certificate levels and places them in 61.23 which bases the requirement for the class of medical certification on the operation being performed. The revision permits persons applying for any pilot certificate or rating to only be required to hold a 3 rd class medical certificate. In addition, the proposals state the following:
Requirement for a medical certificate:
Does not need to hold a medical certificate:
61.31 High performance and complex airplane additional training -- The NPRM had proposed to require additional training and a logbook endorsement for PICs to operate airplanes having 200 or more horsepower and those PICs operating complex airplanes. In response to comments the FAA has changed the high performance language back to the original "more than 200 horsepower." However, the proposal to require separate "high performance" and "complex airplane" endorsements is in the final rule. REVISION, PARTIAL WITHDRAWAL OF PROPOSAL: Review 61.31(f) and (g)
61.31 Additional training required by aircraft's type certificate -- Provides for additional training and an instructor endorsement requirement for aircraft that require additional training under the type certificate for that aircraft. This is in response to events of recent years surrounding the Piper Malibu and Robinson R-22, etc. REVISION: Review 61.31(i)
61.31 Additional training required for operating a glider -- Although the proposal for establishing class ratings within the glider category has been withdrawn, the FAA has revised the procedures for pilot certification for launch/tow procedures for gliders. The revision will permit the issuance of glider rated pilot certificates without the existing requirement for launch/tow limitations on the actual pilot certificate. The new procedure will require glider pilots to receive additional training and a logbook endorsement from a flight instructor on the specific kind of launch/tow procedure for which that pilot desires operating privileges. REVISION: Review 61.31(k)
61.35 Knowledge test: Prerequisites and passing grades -- Changes current references from "written tests" to "knowledge tests" in order to include computer based testing and be consistent with existing FAA policy. REVISION: Review 61.35
61.51 Pilot logbooks -- Establishes specific information and definition on what constitutes the logging of pilot-in-command time. The revision is intended to eliminate the ongoing requests for legal interpretation regarding loggin pilot time and is intended to conform to existing policy and legal interpretation. REVISION: Review 61.51(e) and the Federal Register preamble on page 16249, 3 rd column, under the paragraph title caption "FAA Response."
61.51 Pilot logbooks -- The NPRM proposed clarification of when two persons may log PIC time. The proposal has been withdrawn. PROPOSAL WITHDRAWN.
61.53 Prohibition on operations during medical deficiency -- Proposal to prohibit a person from serving as a PIC or in any other capacity as a required crewmember while that person is taking any medication for a medical condition that results in the person being unable to meet the requirements for the medical certificate held. The proposal would also prohibit a person from serving as a PIC or in any other capacity as a required flight crewmember while that person is taking any medication that may inhibit their ability to operate an aircraft in a safe manner. REVISION: Review 61.53
61.55 Second-in-command qualifications -- Specifies the required subject matter for second-in-command ground training on the type of aircraft for which SIC privileges are requested. REVISION: Review 61.55(b)
61.55 Second-in-command qualifications -- Specifies the required maneuvers and procedures for SIC qualification and recurrent qualification. REVISION: Review 61.55
61.57 Recent flight experience: Pilot in command -- Revises the instrument currency requirements from the existing 6-hours and 6 approaches within the preceding 6 months. The new rule will require six approaches within the preceding six months, and experience in holding procedures and intercepting and tracking courses. REVISION: Review 61.57(c)
Written syllabus -- The NPRM had proposed to require instructors providing training for any Part 61 airman certificate to be required to use a written syllabus. This proposal has been completely withdrawn. PROPOSAL WITHDRAWN.
SUBPART B -- AIRCRAFT RATINGS AND PILOT AUTHORIZATIONS
61.63 Additional category/class ratings -- Clarifies the aeronautical experience requirements for applicants for additional category and class ratings. REVISION: Review 61.63(b) and (c)
61.65 Eligibility requirements -- Requires a logbook endorsement from an instructor for eligibility to take knowledge tests. This will eliminate the FSDO review of applicant's home study programs and will require such applicants to seek the endorsement of an instructor. REVISION: Review 61.63, 61.65
61.65 Aeronautical knowledge: Instrument rating -- As a result of the existing tasks within the Practical Test Standards, cockpit resource management will be required training and testing for all certificate levels. REVISION: Review 61.65(b)
61.65 Aeronautical knowledge: Instrument rating -- Requires knowledge of wind shear avoidance procedures for all certificate levels and for an instrument rating. REVISION: Review 61.65(b)
61.65 Aeronautical knowledge: Instrument rating -- Incorporates aeronautical decision making and judgment training into training requirements for all certificate levels and ratings. REVISION: Review 61.65(b)
61.65 Aeronautical Experience: Instrument rating -- Revises the eligibility requirements for an instrument rating to parallel ICAO standards, and require only a private pilot certificate and 50 hours of PIC cross country time. The revision eliminates the 125 total hours of aeronautical experience. REVISION: Review 61.65(c)
61.69 Glider towing: Experience and training requirements -- Permits private pilot to log PIC time for towing gliders. REVISION: Review 61.69
61.75 Private pilot certificate issued on the basis of a foreign pilot license -- Restricts holders of foreign pilot certificates to applying for, and may only be issued, a U.S. private pilot certificate with the appropriate ratings when the application is based on the foreign pilot certificate. REVISION: Review 61.75
61.75 Private pilot certificate issued on the basis of a foreign pilot license -- Deletes the exceptions for persons who are unable to read, speak, write, and understand English. However, the rules still provide an exception for persons with medical impairments only (e.g., hearing impaired). REVISION: Review 61.75(b)(5)
61.77 Special purpose pilot authorization -- Replaces the special purpose flight certificate for foreign pilots of U.S. registered aircraft with a special purpose flight authorization that will be issued by a FSDO. This is intended to lower administrative costs for the FAA and simplify the procedures for foreign pilots seeking special purpose flight authorizations. REVISION: Review 61.77
61.77 Age limitation for certain operations -- Added provisions in 61.3 and 61.77 that restricts international air service operations of civil airplanes of U.S. registry for those pilots (both the PIC and the SIC) that have reached their 60 th birthday. These operational restrictions parallel the restrictions that were contained in the Part 119 "commuter" final rule. The specific provisions were only partially proposed in the Part 61 NPRM, but the "commuter" rule became final after the Part 61 NPRM was published which required FAA to further modify the Part 61 final to align with the Part 119 "commuter" final rule. The FAA is seeking public comment on these provisions through June 3, 1997. REVISION: Review 61.3(j) and 61.77(e)
SUBPART C -- STUDENT PILOTS
61.83 Eligibility requirements -- Deletes the exceptions for persons who are unable to read, speak, write, and understand English. However, the rules still provide an exception for persons with medical impairments only (e.g., hearing impaired). REVISION: Review 61.83(c)
SUBPART D -- RECREATIONAL PILOTS
61.96 Eligibility requirements -- Deletes the exceptions for persons who are unable to read, speak, write, and understand English. However, the rules still provide an exception for persons with medical impairments only (e.g., hearing impaired). REVISION: Review 61.96(b)(2)
61.96 Eligibility requirements -- Requires a logbook endorsement from an instructor for eligibility to take knowledge tests. This will eliminate the FSDO review of applicant's home study programs and will require such applicants to seek the endorsement of an instructor. REVISION: Review 61.96(b)(3)
61.97 Aeronautical knowledge -- Requires knowledge of wind shear avoidance procedures for all certificate levels and for an instrument rating. REVISION: Review 61.97(b)(5)
61.97 Aeronautical knowledge -- Incorporates aeronautical decision making and judgment training into training requirements for all certificate levels and ratings. REVISION: Review 61.97(b)(11)
61.98 Flight proficiency -- The FAR will specify general areas of operation to be covered in training and on practical tests for all pilot and instructor certification so that it parallels the currently used Practical Test Standards. REVISION: Review 61.98
61.99 Aeronautical experience -- Modifies solo flight time (hours) required for the recreational and private pilot certificates permitting the student and flight instructor the ability to tailor the training time toward the student's needs and capabilities. REVISION: Review 61.99(b)
61.101 Recreational pilot privileges and limitations -- Permits recreational pilots to operate aircraft in cross country flight that is more than 50 nm from their base of operation provided those recreational pilots receive the cross country training equivalent to a private pilot. REVISION: Review 61.101(c)
SUBPART E -- PRIVATE PILOTS
61.103 Eligibility requirements -- Deletes the exceptions for persons who are unable to read, speak, write, and understand English. However, the rules still provide an exception for persons with medical impairments only (e.g., hearing impaired). REVISION: Review 61.103(c)
61.103 Eligibility requirements -- Requires a logbook endorsement from an instructor for eligibility to take knowledge tests. This will eliminate the FSDO review of applicant's home study programs and will require such applicants to seek the endorsement of an instructor. REVISION: Review 61.103(f)
61.105 Aeronautical knowledge -- Requires knowledge of wind shear avoidance procedures for all certificate levels and for an instrument rating. REVISION: Review 61.105(b)(6)
61.105 Aeronautical knowledge -- Incorporates aeronautical decision making and judgment training into training requirements for all certificate levels and ratings. REVISION: Review 61.105(b)(12)
61.107 Flight proficiency -- The FAR will specify general areas of operation to be covered in training and on practical tests for all pilot and instructor certification so that it parallels the currently used Practical Test Standards. REVISION: Review 61.107
61.109 Aeronautical experience -- Establishes a dual training requirement by aircraft class for night cross country at the private and commercial pilot certificate levels for powered aircraft. REVISION: Review 61.109
61.109 Aeronautical experience -- Modifies solo flight time (hours) required for the recreational and private pilot certificates permitting the student and flight instructor the ability to tailor the training time toward the student's needs and capabilities. REVISION: Review 61.109(a)(5)
61.109 Aeronautical experience -- Added, at both the private and commercial pilot certificate levels, two new dual cross-country training flight requirements. One is for a day-VFR and one is for a night-VFR. Both must be accomplished in the class of aircraft for which the rating is sought. REVISION: Review 61.109
61.110 Night flying exceptions -- Eliminates the night flying aeronautical experience exception at the private pilot and commercial certificate level, except for those persons who receive their training in Alaska. In those cases, a person will be given one year to obtain the required night flying aeronautical experience. This means that all private and commercial pilot applicants will be required to receive the night flying training that is specified in Part 61. REVISION: Review 61.110
61.113 Private pilot privileges and limitation: Pilot in command -- Permits private pilots to perform search and location operations for law enforcement agencies and organizations such as CAP and to be reimbursed for certain expenses without conflicting with limitations of the private pilot privileges forbidding compensation or hire. This privilege has been accommodated through the exemption process in the past. REVISION: Review 61.113
SUBPART F -- COMMERCIAL PILOTS
61.123 Eligibility requirements -- Requires a logbook endorsement from an instructor for eligibility to take knowledge tests. This will eliminate the FSDO review of applicant's home study programs and will require such applicants to seek the endorsement of an instructor. REVISION: Review 61.123
61.123 Eligibility requirements -- Deletes the exceptions for persons who are unable to read, speak, write, and understand English. However, the rules still provide an exception for persons with medical impairments only (e.g., hearing impaired). REVISION: Review 61.123
61.123 Eligibility requirements -- Requires that a commercial pilot applicant must hold a private pilot certificate before applying for a commercial pilot certificate. REVISION: Review 61.123
61.125 Aeronautical knowledge -- As a result of the existing tasks within the Practical Test Standards, cockpit resource management will be required training and testing for all certificate levels. REVISION: Review 61.125
61.125 Aeronautical knowledge -- Requires knowledge of wind shear avoidance procedures for all certificate levels and for an instrument rating. REVISION: Review 61.125
61.125 Aeronautical knowledge -- Incorporates aeronautical decision making and judgment training into training requirements for all certificate levels and ratings. REVISION: Review 61.125
61.127 Flight proficiency -- The FAR will specify general areas of operation to be covered in training and on practical tests for all pilot and instructor certification so that it parallels the currently used Practical Test Standards. REVISION: Review 61.127
61.129 Aeronautical experience -- Added, at both the private and commercial pilot certificate levels, two new dual cross-country training flight requirements. One is for a day-VFR and one is for a night-VFR. Both must be accomplished in the class of aircraft for which the rating is sought. REVISION: Review 61.129
61.129 Aeronautical experience -- Establishes a dual training requirement by aircraft class for night cross country at the private and commercial pilot certificate levels for powered aircraft. REVISION: Review 61.129
61.129 Aeronautical experience -- Permits turbojet flight training in lieu of the current requirement of flight training in an airplane with retractable landing gear, flaps, and a controllable pitch propeller. REVISION: Review 61.129
61.131 Exceptions to the night flying requirements -- Eliminates the night flying aeronautical experience exception at the private pilot and commercial certificate level, except for those persons who receive their training in Alaska. In those cases, a person will be given one year to obtain the required night flying aeronautical experience. This means that all private and commercial pilot applicants will be required to receive the night flying training that is specified in Part 61. REVISION: Review 61.131
SUBPART G -- AIRLINE TRANSPORT PILOTS
61.153 Eligibility requirements -- Requires an applicant for an ATP certificate to hold a commercial pilot certificate with an instrument rating. The rule does contain certain exceptions (e.g., military pilots and foreign pilots). REVISION: Review 61.153
61.153 Eligibility requirements -- Deletes the exceptions for persons who are unable to read, speak, write, and understand English. However, the rules still provide an exception for persons with medical impairments only (e.g., hearing impaired). REVISION: Review 61.153
61.155 Aeronautical knowledge -- Updates the list of items of required aeronautical knowledge for ATP applicants. REVISION: Review 61.155
61.155 Aeronautical knowledge -- As a result of the existing tasks within the Practical Test Standards, cockpit resource management will be required training and testing for all certificate levels. REVISION: Review 61.155
61.155 Aeronautical knowledge -- Requires knowledge of wind shear avoidance procedures for all certificate levels and for an instrument rating. REVISION: Review 61.155
61.155 Aeronautical knowledge -- Incorporates aeronautical decision making and judgment training into training requirements for all certificate levels and ratings. REVISION: Review 61.155
61.157 Flight proficiency -- The FAR will specify general areas of operation to be covered in training and on practical tests for all pilot and instructor certification so that it parallels the currently used Practical Test Standards. REVISION: Review 61.157
61.163 Aeronautical experience: Powered lift category -- Establishes minimum experience requirements for the powered-lift ATP certificate tailored after the airplane ATP certificate requirements. REVISION: Review 61.163
Practical test standards -- Deletes Appendix A of Part 61, and the ATP practical test will be based on the Practical Test Standards. REVISION: Review ATP Practical Test Standards
SUBPART H -- FLIGHT INSTRUCTORS
61.183 Eligibility requirements -- Requires a logbook endorsement from an instructor for eligibility to take knowledge tests. This will eliminate the FSDO review of applicant's home study programs and will require such applicants to seek the endorsement of an instructor. REVISION: Review 61.183
61.185 Eligibility requirements -- Deletes the exceptions for persons who are unable to read, speak, write, and understand English. However, the rules still provide an exception for persons with medical impairments only (e.g., hearing impaired). REVISION: Review 61.183
61.185 Aeronautical knowledge -- As a result of the existing tasks within the Practical Test Standards, cockpit resource management will be required training and testing for all certificate levels. REVISION: Review 61.185
61.185 Aeronautical knowledge -- Requires knowledge of wind shear avoidance procedures for all certificate levels and for an instrument rating. REVISION: Review 61.185
61.185 Aeronautical knowledge -- Incorporates aeronautical decision making and judgment training into training requirements for all certificate levels and ratings. REVISION: Review 61.185
61.187 Flight proficiency -- The FAR will specify general areas of operation to be covered in training and on practical tests for all pilot and instructor certification so that it parallels the currently used Practical Test Standards. REVISION: Review 61.187
61.195 Flight instructor limitations and qualifications -- Added another method for qualifying flight instructors who give training to initial flight instructor applicants in FAA-approved courses. The existing rule requires flight instructors to hold a certificate for 24 months and have given at least 200 hours of instruction. Under the new rule an instructor at a Part 141 school may give 400 hours of instruction (lower for airships, gliders, and balloons) and qualify to give training to initial flight instructor applicants without waiting 24 months. REVISION: Review 61.195
61.197 Renewal of flight instructor certificates -- Codifies FAA policy concerning the renewal criteria for flight instructor renewals into Part 61. In addition, it adds a provision for allowing a "90-day window" for flight instructors to renew their certificates and have it considered to be renewed in the month it was due. REVISION: Review 61.197
Privileges and limitations -- The NPRM proposed that a holder of a flight instructor certificate would not be eligible for a ground instructor certificate in the same category aircraft. The proposal has been withdrawn. PROPOSAL WITHDRAWN.
Written syllabus -- The NPRM had proposed to require instructors providing training for any Part 61 airman certificate to be required to use a written syllabus. This proposal has been completely withdrawn. PROPOSAL WITHDRAWN.
SUBPART I -- GROUND INSTRUCTORS
Ground instructors -- Deletes FAR Part 143 -- Ground Instructors. Ground instructor certification has been incorporated into Part 61, in the new Subpart I -- Ground Instructors. REVISION: Review Part 61, Subpart I
Ground instructor ratings -- The NPRM proposed to replace the existing ground instructor ratings (basic, advanced, and instrument) with ratings according to aircraft category (airplane, rotorcraft, powered-lift, glider, and lighter-than-air with accompanying instrument ratings). The proposal has been withdrawn and the existing ratings (basic, advanced, and instrument) will remain. PROPOSAL WITHDRAWN.
Eligibility requirements -- The NPRM proposed to require ground instructors to submit to a practical test in addition to the existing knowledge test. The proposal has been withdrawn. PROPOSAL WITHDRAWN.
Privileges and limitations -- The NPRM proposed that a holder of a flight instructor certificate would not be eligible for a ground instructor certificate in the same category aircraft. The proposal has been withdrawn. PROPOSAL WITHDRAWN.
Written syllabus -- The NPRM had proposed to require instructors providing training for any Part 61 airman certificate to be required to use a written syllabus. This proposal has been completely withdrawn. PROPOSAL WITHDRAWN.
Posted Tuesday, May 27, 1997 3:49:59 PM