FAA Denies Request for Exemption Regarding CFI Renewals

Due to the scheduling of HELI-EXPO ’04 in March 2004, CFIs who last renewed their certificates at HELI-EXPO in February 2002, are facing the possibility that their certificates might expire on February 29, 2004. According to 14 CFR 61.197(b)(2), CFI certificates expire on the last day of the month two years after they are last renewed.

There are no regulatory provisions that provide for either a waiver or a grace period to this date. Taking the only option available to seek relief for the CFI’s thus affected, HAI submitted a petition to the FAA to grant an exemption to Part 61.197(b)(2) by allowing an extension to March 31, 2004.

This would allow CFI’s who could be adversely affected to attend the Flight Instructor Refresher Course at HELI-EXPO ’04 in March 2004 without fear of their certificates expiring the month prior. HAI has been notified by the FAA’s Airmen and Airspace Rules Division (ARM-100) that this request for exemption has been denied.

There are several courses of action that CFI’s who are affected by this ruling can take to ensure their certificates do not expire. 14 CFR Part 61.197(a)(1) states that a person who holds a flight instructor certificate that has not expired may renew that certificate by passing a practical test for one of the ratings listed on the current certificate or an additional instructor rating.

This practical test can take place in a flight simulator or flight training device if it is accomplished following an approved course conducted at a training center certificated under Part 142. 14 CFR Part 61.197(a)(2) states that the certificate may be renewed by presenting to an authorized FAA Flight Standards Inspector, (1) a record of training students that, during the preceding 24 calendar months, that the flight instructor has endorsed at least five students for a practical test for a certificate or rating and at least 80 percent of those students passed on the first attempt; (2) a record showing that, within the preceding 24 months, the flight instructor has served as a company check pilot, chief flight instructor, company check airman, or flight instructor in a Part 121 or Part 135 operation, or in a position involving the regular evaluation of pilots; or (3) a graduation certificate showing that, within the preceding 3 calendar months, the person has successfully completed an approved flight instructor refresher course consisting of ground training or flight training or a combination of both.

FMI: www.rotor.com, www.faa.gov