U.S. Department of Transportation Federal Aviation Administration 

### JAN 9 201j Daniel Beard 371 Crestview St. NE Palm Bay, FL 32907 Office of the Chief Counsel 800 Independence Ave., S.W. Washington, D.C. 20591

Re: Section 61.3l(d) solo endorsement requirements for additional category and/or class ratings

Dear Mr. Beard:

This letter responds to your request for legal interpretation dated July 27, 2014. Youhave asked several questions regarding solo endorsements required to act as pilot incommand of
an aircraft for which a pilot does not hold the appropriate category and/or class ratings.
Specifically, youhave asked whetherthe solo endorsementrequirements for student pilots in 14 C.F.R. part 61, subpart C also apply to pilots who hold higher certificates and are seeking
an additional rating. The answer is no. Section 61.81 states that subpart C "prescribes the requirements for the issuance ofstudentpilot certificates, the conditions under which those certificates are necessary, and the general operatingrules and limitations for the holders of those certificates." As such, by its express language, subpart C to part 61 applies onlyto those persons who are seeking orhold a student pilot certificate.

Section 61.63 contains the requirements for pilots who hold ahigherlevel pilot certificate and are seeking an additional category and/or class rating. For example, apilot who applies to add a category rating to a pilot certificate must, among otherthings, complete the required training and aeronautical experience required for thatrating. 14 C.F.R. § 61.63(b)(l). Generally, to meetthe aeronautical experience requirements for a new category ofaircraft, a pilotmust accomplish solo flight time. Because the pilot does not holdthe ratings necessary to act as pilot in command, a pilot mustreceive an endorsement for solo flight from an authorized instructor under 14 C.F.R. 

### §61.3l(d). To receive that endorsement, a pilot must have received the training required under part 61 "appropriate to the pilot certification level, aircraft category, class, and type rating (ifa class or type rating is required) for the aircraft to be flown." 14 C.F.R. § 61.3l(d)(2). Unlike solo endorsements for student pilots,§ 61.3l(d) does not containany time limitation for the endorsement.
Finally, you have also asked whether aperson operating in solo flight under a§ 61.3 l(d) endorsementmust comply with the flight reviewrequirements in§ 61.56(c). With a few listed exceptions, no person make act as pilot in command ofan aircraft unless within the previous 24 calendarmonths thatperson completed a flight review with an authorized2

instructor. 14 C.F.R. § 61.56(c). Section 61.56(g) provides an exception for studentpilots providedthe studentpilot is undergoing training for a certificate and has a current solo flight endorsement as required under §61.87. Because this exception applies to student pilots, a pilotwho holds a higher level pilot certificate and has an endorsement for solo flight under § 61.31(d) must comply with the flight review requirements in § 61.56 before acting as pilot in command ofany aircraft.

This response was preparedby Anne Moore, an attorney inthe International Law, Legislation, and Regulations Divisionofthe Office ofthe ChiefCounsel and coordinated with the General Aviation and Commercial Division ofthe Flight Standards Service. Ifyou have any additional questions regarding this matter, please contact my office at (202) 267- 3073.**Sinc~rely,** ' / '**/~·.:·_-;.::**

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'·Mark W. my 

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Assistant ChiefCounsel for. Yntemational Law, Legislation, and**Regulation~**