Pilots Of Single-Place And Experimental Jets Given A Reprieve From Proficiency Check Requirements

The FAA has listened to those commenting on its proposed changes to FAR Section 61.85 and has proposed an amendment to the new rule pushing back the implementation of proficiency check requirements for pilots of single-place and experimental turbojets for a year.

In a final rule published on August 31, 2011 (76 FR 54095). In that rule, the FAA amended its regulations to revise the pilot, flight instructor, and pilot school certification requirements. In particular, the FAA expanded the obligation for a pilot-in-command (PIC) proficiency check to pilots of all turbojet-powered aircraft. This expansion included single-pilot turbojet-powered aircraft and, with some exceptions, also included turbojet-powered experimental aircraft. The FAA intended, and those that commented on the proposed rule expected, a period that would allow pilots of these aircraft sufficient time to come into compliance with the new PIC requirement.

As part of the final rule, the FAA revised Sec. 61.58 to extend the requirements for PIC proficiency checks. Prior to the final rule, this section only required PIC proficiency checks for pilots acting as PIC in aircraft that were type certificated for more than one pilot flight crewmember. In the Notice of Proposed Rulemaking (NPRM) published on August 31, 2009 (74 FR 44779), the FAA proposed to extend the Sec. 61.58 PIC proficiency check requirements to pilots acting as PIC of any turbojet powered aircraft. The FAA received a significant amount of comments opposing the proposed rule as written due to the impact it would have on pilots operating experimental jets. Based on the comments, the FAA intentionally included the Sec.  61.58 PIC proficiency check requirements for pilots operating experimental turbojet-powered aircraft. However, pilots operating experimental aircraft that possessed only one seat through original design or through modification were excepted from these requirements, and pilots of other experimental turbo-jet powered aircraft were given several alternative means of compliance with the Sec. 61.58 proficiency check requirements.

In contrast to the comments regarding experimental jets, the FAA did not receive any comments during the NPRM phase expressing resistance to Sec. 61.58 PIC proficiency checks for pilots of standard category, single-piloted turbojet-powered aircraft. In fact, several of the commenters expressed the opinion that the proposal was appropriate for standard category aircraft that are type certificated to be flown by a single pilot. The FAA intentionally included the Sec. 61.58 PIC proficiency check requirements for pilots that operate a standard category turbojet aircraft to receive proficiency.

Prior to the final rule, pilots of these aircraft were not required to comply with the provisions of Sec. 61.58; however, the final rule did not include the intended and necessary transition period for these pilots to come into compliance.

In the amendment, the FAA has re-written Sec. 61.58 so that a pilot-in-command of a turbojet powered aircraft that is type certificated for one pilot does not have to comply with the pilot-in-command proficiency check requirements in paragraphs (a)(1) and (a)(2) of this section until October 31, 2012. Further, unless required by the aircraft's operating limitations, a pilot-in-command of an experimental turbojet-powered aircraft does not have to comply with the pilot-in-command proficiency check requirements in paragraphs (a)(1) and (a)(2) of this section until October 31, 2012.

FMI: www.faa.gov