SESTi^FUeKT 

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U.S. Department of Transportation, Docket Operations ^^ rn'^^€^ 

West Building Ground Floor, Room W12-140 > 5^ ^ 

1200 New Jersey Avenue, SE. _^, bg ^ 

Washington, DC 20590 ^ '^, ^ 

18 April 2011 "^ 

Dear Sir/Madam: 

Explanation and Purpose 

Tide 14 of the Code of Federal Regulations §61.56 describes a flight review administered to each pilot every 

twenty-four calendar months. The review requires "the pilot to demonstrate the safe exercise of the 

privileges of the pilot certificate," (the "safe exercise" standard). The regulation goes on to describe alternate 

means of compliance. 

I write to petition the Federal Aviation Administration to amend the wording of 14 CFR 61.56 to clarify its 

text in accord with its intent. The current wording of §61.56(d) is ambiguous, leading some (myself included) 

to believe that a CFI Initial Practical Test is sufficient to meet the requirements of a flight review. The 

custom within the agency has been previously (although documented only in FAQs) to accept a CFI Initial 

Flight Test as an alternative means of compliance with §61.56. The FAA Chief Counsel's office has 

interpreted otherwise in its Levy interpretation dated 07 February 2008. Changes suggested below would 

alleviate this ambiguity. 

f 

Proposed Language 

I propose that §61.56(d) be modified as follows: 

(d) A person who has, within the period specified in paragraph (c) 

of this section, passed a pilot proficiency check conducted by an 

examiner, an approved pilot check airman, or a U.S. Armed Force, 

for a pilot certificate, flight instructor certificate, rating, or 

operating privilege need not accomplish the flight review required 

by this section. 

Discussion 

The first paragraphs of the regulation establish the purpose of the flight review: to confirm that the pilot is 

capable of safely exercising the privileges of his or her flight certificate as described in §61.56(a)(2). The 

elements of a flight review are left to the discretion of the person administering the review. 

The regulation further recognizes as alternate means of compliance other check rides whose standards of 

performance are significanfly higher than the "safe exercise" standard. One example is the Commercial 

practical test. 

If the oral and practical test for the Commercial Pilot Certificate are sufficient to meet the requirements for a 

flight review, and the requirements for a CFI oral and practical test specify knowledge and proficiency to the 

Commercial standard, then it follows that a CFI oral and practical test would meet the requirement for a flight 

review. 

Best in Flight Morristown, 9 Airport Road, Morristown,NJ 07960 (973) 683-9002 ^^^^-^v-lK^s11ll^VL^.^)ll lur lWantToFly@bestinflight.net 
Hadow 18 April 2011 

The preamble to the CFI PTS (FAA-S-8081-6C) says without ambiguity that the candidate shall demonstrate 

"competency in all elements of knowledge and/or skill unless otherwise noted." The examiner is further 

required to check the candidate's "ability to perform the procedures and maneuvers included in the standards 

to the COMMERCIAL PILOT skill level while giving effective flight instruction." 

It appears then that a CFI practical test exceeds the requirements for a flight review. 

If, arguendo^ the agency takes the position that a successful CFI Initial Test described by CFI PTS (FAA-S8081-6C) is insufficient to demonstrate that an instructor candidate is able to safely exercise the privileges of 

his or her certificate, then the agency must also believe that there are new flight instructors who are 

unqualified to safely operate within the privileges of their pilot certificates. This conclusion is either illogical, 

or points to serious inadequacy of the safety provided the public by the current instructor testing regime. 

Benefits to Society 

Members of the public who desire flight training have a reasonable expectation that their flight instructor 

shall be able to safely exercise the privileges of a Commercial or ATP certificate. Under the current 

interpretation, a CF I pfarticjjl test HOPS pn t dfmnnsi-fqrp his c\r he r ability t-n g?f<°1y r.p^roff gn airpf^f^ yh p _ 

public has every reason to expect that a new flight instructor has demonstrated his or her ability to safely 

operate an aircraft prior to being allowed to give instruction. 

Benefits to Flight Instructors 

A Flight Review requires no less than one hour of flight instruction and one hour of ground instruction. For 

a new flight instructor, who at the very beginning of his or her professional career, this is a substantial cost. 

Recordkeeping Burden Reduced 

Recognizing that a CFI Initial Test meets the requirements of a Flight Review reduces recordkeeping burden. 

First, the FAA will have a permanent record of the flight review in the form of the new instructor certificate, 

instead of the logbook record as currentiy obtains. Second, no record keeping is required for the separate 

flight review in the pilot's logbook. This proposal requires no additional recordkeeping by the FAA. 

Regulatory burden on small businesses, small organizations, small governmental 

jurisdictions, and Indian tribes 

Burden on flight instructors and flight schools is reduced by the reduction of two training events — Instructor 

Practical Test and Flight Review - into one. 

Quality of the natuj-a^l ajid social envlronrnents _____________ 

Reducing two training events into one reduces the amount of fuel consumed and noise generated. 

Contact 

I write you as an individual and operator of a flight school. I can be reached at Robert Hadow, Best in Flight, 

9 Airport Road, Morristown, NJ 07960, (973) 683-9002, lobcithff/'bcsrinnighr.nct. 

Sincerely, 

Robert Hadow 

Best in Flight Morristown, 9 ,\irport Road, Morristown, NJ 07960 (973) 683-9002 -.vww lH-iint1i^ht lut rWantToFly@bestinflight.net