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Sat, Jun 05, 2010

Costly California Bill Would Make Independent Instructors Follow Part 141 Rules

Hefty Fees And Annual Renewals Would Come With The Legislation

The California Legislature reauthorized a state Post-Secondary Bureau last year that monitors the quality of post-secondary institutions and protects students from losing pre-paid tuition to a school that closes down. Flight training facilities had been exempted, but as part of the re-authorization of the Bureau (Assembly Bill 48; AB48), the exemption was tentatively removed.

With the exemption lifted, all flight training facilities, from full-fledged Part 141 flight schools to independent instructors, must be certified and operate as though they are a post-secondary institution such as a college or technical school. The National Air Transportation Association (NATA) contends that AB48 was designed to regulate private colleges and technical schools, not the disparate world of flight instruction which varies widely and whose curriculum is already regulated by the FAA.  

The NATA says that the rules would affect independent and small flight schools as the cost and infrastructure requirements are quite involved. It would likely force instructors to either leave the profession or try to join a large flight school to avoid the start-up and maintenance costs, and administrative hassles. Small FBOs that offer instruction would also face a hard decision about whether to continue to offer instruction.

If an independent instructor were to want to continue instructing under the new rules they would be subject to additional qualifications for flight instructors before they could teach in California even though they are certified by the FAA. In addition, all instructors would be subject to academic reviews that are designed for colleges and universities.

Along with the annual academic reviews, periodic fees would be assessed on each flight instructor including $2.50 per $1000 which would go toward a state fund that would pay claims to students whose CFI "disappears" with their money. Each instructor would be charged an initial application fee of $5,000 and a $3,500 renewal fee every three years. If the instructor has a second location an additional fee of $1,000 would be assessed. Finally, they would be required to pay an operation fee of three-quarters of a percent of the CFI's income (not to exceed $2,5000 annually).

Public comment on this change closes June 7.

FMI: www.leginfo.ca.gov, www.mpbn.net/Home/tabid/36/ctl/ViewItem/mid/3478/ItemId/12448/Default.aspx

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