(34)

the following point FCL.835 is inserted: ‘FCL.835 Basic instrument rating (BIR) (a) Privileges and conditions (1) The privileges of a BIR holder are to conduct flights under IFR on single-pilot aeroplanes for which class ratings are held, with the exception of high-performance aeroplanes and aeroplane variants if operational suitability data has determined that an IR is required. (2) BIR privileges shall only be exercised in accordance with point FCL.205.A. (3) BIR privileges may be exercised at night only if the pilot holds a night rating in accordance with point FCL.810. (4) The privileges of a multi-engine BIR shall also be valid on single-engine aeroplanes for which the pilot holds a valid single-engine class rating. (5) The exercise of BIR privileges shall be subject to all of the following conditions: (i) the decision height (DH) or minimum descent height (MDH) used in aerodrome operating minima shall be at least 200 ft greater than what would otherwise be calculated according to point ‘NCO.OP.110 Aerodrome operating minima – aeroplanes and helicopters’ and point ‘NCO.OP.111 Aerodrome operating minima – NPA, APV, CAT I operations’ to Annex VII of Regulation (EU) No 965/2012; and (ii) the visibility used in aerodrome operating minima shall not be less than 1 500 m; (iii) the pilot-in-command shall not commence a flight under IFR or undertake a VFR-to-IFR transition, unless: (A) at the aerodrome of departure, the visibility is at least 1 500 m and the cloud ceiling is at least 600 ft, or the published circling minimum applicable to the aeroplane category, whichever is the greater; and (B) at the destination aerodrome and at any required alternate aerodrome the available current meteorological information indicates, for the period from 1 hour before until 1 hour after the estimated time of arrival, or from the actual time of departure to 1 hour after the estimated time of arrival, whichever period is shorter, a visibility of at least 1 500 m and a cloud ceiling of at least 600 ft, or the published circling minimum applicable to the aeroplane category, or the DH/MDH incremented by 200 ft in accordance with (i), whichever is the greater. (b) Prerequisites. Applicants for the BIR shall hold at least a PPL(A). (c) Training course. Applicants for the BIR shall have completed at an ATO: (1) theoretical knowledge instruction in accordance with point FCL.615(a); and (2) flight instruction that comprises the following instrument flight instruction modules: (i) module 1 – the core flying training module of flight handling skills by sole reference to instruments; (ii) module 2 – the applied flying training module of IFR departure, holding, 2D and 3D approach procedures; (iii) module 3 – the applied flying training module of en-route IFR flight procedures; and (iv) module 4 – if a multi-engine BIR is sought, the applied flying training module with one engine inoperative shall include asymmetric instrument approach and go-around procedures; and (3) flight instruction that complies with the following requirements: (i) The module specified in paragraph (c)(2)(i) shall be completed first. The modules specified in paragraphs (c)(2)(ii) and (c)(2)(iii), and, if applicable, (c)(2)(iv), may be completed in an order chosen by the applicant. (ii) The modules specified in paragraph (c)(2) may be completed in aeroplanes, FSTDs or a combination of these. In any case, the applicant shall receive training in the aeroplane to be used for the skill test. (iii) The modules specified in paragraphs (c)(2)(i), (c)(2)(ii) and (c)(2)(iv) may be commenced outside an ATO but shall be completed at an ATO. The module specified in point (c)(2)(iii) may be completed outside an ATO. (iv) Prior to commencing the module specified in paragraph (c)(2)(iv), a pilot who does not hold a multi-engine aeroplane class or type rating shall have received the multi-engine training specified in Subpart H of this Annex (Part-FCL). (d) Theoretical knowledge. Prior to taking the skill test and through examinations in the subjects referred to in point FCL.615(b), the applicants shall demonstrate a level of theoretical knowledge that is appropriate to the privileges granted. The theoretical knowledge examination shall consist of one examination paper associated with each module as specified in paragraphs (c)(2)(i), (c)(2)(ii) and (c)(2)(iii). (e) Skill test. After the completion of the training course specified in paragraph (c), the applicants shall pass a skill test in an aeroplane in accordance with Appendix 7 to this Annex. For a multi-engine BIR, the skill test shall be taken in a multi-engine aeroplane. For a single-engine BIR, the skill test shall be taken in a single-engine aeroplane. A multi-engine centreline thrust aeroplane shall be considered to be a single-engine aeroplane for the purposes of this paragraph. (f) By way of derogation from paragraph (d), holders of a single-engine BIR who also hold a multi-engine class rating and who wish to obtain a multi-engine BIR for the first time shall complete a training course at an ATO that comprises the training as specified in paragraph (c)(2)(iv) and shall pass the skill test referred to in paragraph (e). (g) Validity, revalidation and renewal (1) A BIR shall be valid for 1 year. (2) Applicants for the revalidation of a BIR shall: (i) within a period of three months immediately preceding the expiry date of the rating, pass a proficiency check in accordance with Appendix 9 to this Part; or (ii) within the validity period, complete 6 hours as PIC under IFR including three instrument approach procedures and complete a training flight of at least one hour with an instructor who holds privileges to provide training for the BIR. (3) For each alternate subsequent revalidation, the holder of the BIR shall pass a proficiency check in accordance with paragraph (2)(i) in an aeroplane. (4) If a pilot chooses to fulfil the revalidation requirements specified in paragraph (g)(2)(i) earlier than what is prescribed in that paragraph, the new validity period shall commence from the date of the proficiency check. (5) Applicants who fail to pass the relevant sections of a BIR proficiency check before the expiry date of the BIR shall not exercise the BIR privileges until they have passed the proficiency check. (6) If a BIR has expired, in order to renew their privileges, applicants shall: (i) where necessary to reach the level of proficiency needed, complete refresher training provided by an ATO or, if the BIR is expired for three years or less, by an instructor who holds privileges to provide training for the BIR; and (ii) pass a proficiency check in an aeroplane. (7) For a multi-engine BIR, the proficiency check for the revalidation or renewal as well as the flying training required in paragraph (g)(2)(ii) shall be completed in a multi-engine aeroplane. (8) The proficiency check for the revalidation or renewal of a BIR may be combined with a proficiency check for the revalidation or renewal of a single-pilot aeroplane class rating on which BIR privileges may be exercised in accordance with point FCL.835(a)(1). (h) Applicants for the BIR who hold a PPL or CPL issued in accordance with Annex I (Part-FCL) and a valid IR(A) issued in accordance with the requirements of Annex 1 to the Chicago Convention by a third country may be credited in full towards the training course referred to in paragraph (c)(2). In order to be issued with the BIR, the applicants shall: (1) successfully complete the skill test referred to in paragraph (e); (2) demonstrate orally to the examiner during the skill test that they have acquired an adequate level of theoretical knowledge of air law, meteorology, and flight planning and performance; and (3) have experience of at least 25 hours of flight time under IFR as PIC on aeroplanes. (j) The holder of an IR shall receive full credits for the requirement in paragraph (c)(2).’;