Finalement, voici ma correspondance avec la FAA
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Dear Mr. Martin: The section you have identified in our guidance is correct but your interpretation of this section is incorrect. Please note that a CFI's endorsement for night flying SOLO privileges would be for the purpose of obtaining an UNRESTRICTED FAA private license or higher. SOLO privileges means the airman can fly only by his or her self for the purpose of fulfilling the flight experience requirements for the FAA license. That is the difference between SOLO privileges and Pilot In Command (PIC) privileges. It was not meant to circumvent the restriction of the foreign license. Please NOTE, CFR FAR 61.75(e)(3) which is quite explicit in that regard. Please feel free to contact me if you have any further questions.
Jacques Astre
International Operations
Specialist – Europe and
Middle East
International Programs &
Policy Division, AFS-50
Tel: 718-553-3226
Fax: 718-995-5696
AFS-50 is very interested in continuing to improve the services we provide and would welcome your feedback.
"Bruno MARTIN" <
martin_adx@hotmail.com>
12/06/2007 10:47 AM
To <
Anthony.Fazio@faa.gov>, Jacques Astre/AEA/FAA@FAA, Juergen Tooren/AWA/FAA@FAA
cc
Subject Night flying restriction based on a foreign certificate
Good Morning,
I have a question regarding the way to remove the night restriction on a FAA certificate based on a foreign license.
From what I understand from the regulation SEC 61.75, (
http://www.airweb.faagov/REGULATORY_AND ... enDocument)
a foreign pilot that did not receive night training cannot fly at night! So far it makes perfect sense to me.
I went also through the Designated Pilot and Flight Engineer Examiner's Handbook (8710.3E) and could find CHAPTER 21. 2. R. (4) (see page 8 of this document:
http://www.airweb.faa.gov/Regulatory_an ... 3E-C21.pdf and here is a copy of the particular paragraph I am interrested in)
(4) Some foreign-pilot licenses contain a restriction that prohibits the person from operating an aircraft at night. As an example, some foreign CAAs require their citizens to hold an instrument rating and/or a night flying privilege in order to operate an aircraft at night. That person must also comply with that night operating restriction of their foreign-pilot license when exercising the privileges of their § 61.75 pilot certificate (see § 61.75(e)(3)). A point of clarification: the FAA may not remove the night flying restriction. It is permissible for a foreign pilot who receives a U.S. pilot certificate based on his or her foreign-pilot license to accomplish the required night flying training (for the appropriate grade level of U.S. pilot certificate held) from a holder of an FAA flight instructor certificate, and to receive a solo endorsement to exercise night flying privileges on his or her U.S. pilot certificate.
From this paragraph I understand that a foreign pilot that has a FAA certificate based on his foreign license can receive night training from a CFI (following the guideline of 61.109 for a private pilot) and then receive a solo endorsement for night flying in his logbook. That solo endorsement would allow the foreign pilot to fly solo at night with his FAA certificate.
Could you please confirm that my understanding of the regulation is correct? Also, the text above does not mention who can make such endorsment. Can a CFI do it or does it need to be done by a Designated Pilot Examiner?
I have a friend in that particular case and we would like to be sure we understand the regulation in full.
Thank you very much for your time spent on this issue,
Bruno,.
Private Pilot FAA.