provide adequate vision for the pilot and the check pilot.

(d) Instrument rating. An aircraft furnished under paragraph (a) of this section for a flight test for an instrument rating must

(1) Be one in which instrument flight is authorized by this chapter and by its equipment and operating limitations; (2) Have functioning dual controls; and

(3) Have a hood, slats, polarized material, or other effective means (satisfactory to the examiner) of excluding outside visual reference by the pilot taking the test.

[Doc. No. 1179, 27 F.R. 7957, Aug. 10, 1962, as amended by Amdt. 61-14, 30 F.R. 2925, Mar. 6, 1965]

§ 61.26 Flight tests; status of FAA inspectors and other authorized flight examiners.

An FAA inspector or other authorized flight examiner conducts the flight test of an applicant for a pilot certificate or rating for the purpose of observing the applicant's ability to perform satisfactorily the procedures and maneuvers on the flight test. The inspector or other examiner is not pilot in command of the aircraft during the flight test unless he acts in that capacity for the flight, or portion of the flight, by prior arrangement with the applicant or other person who would otherwise act as pilot in command of the flight, or portion of the flight. Notwithstanding the type of aircraft used during a flight test, the applicant and the inspector or other examiner are not, with respect to each other (or other occupants authorized by the inspector or other examiner), subject to the requirements or limitations for the carriage of passengers specified in this chapter.

(49 U.S.C. 1354, 1422) [Amdt. 61-19, 30 F.R. 8516, July 3, 1965]

§ 61.27 Retesting after failure.

(a) Written test. An applicant for a certificate or rating under this part who fails a written test for that certificate or rating may apply for retesting—

(1) After 30 days after the date he failed that test; or

(2) Upon presenting a statement from whichever of the following is applicable, certifying that he has given additional instruction to the applicant and considers him ready for retesting:

(i) For a private or commercial pilot certificate or associated rating-a certificated flight instructor with an appropriate category rating or a certificated ground instructor with an appropriate rating.

(ii) For an instrument rating-a certificated flight instructor with an instrument rating on his flight instructor certicate or a certificated ground instructor with an appropriate rating.

(iii) For a flight instructor certificate-a certificated flight instructor with an appropriate category or instrument rating on his flight instructor certificate. (iv) For an airline transport pilot certificate-a person employed by an airline to instruct in airline transport pilot subjects, a certificated airline transport pilot, a certificated ground instructor with an appropriate rating, or a person qualified to instruct in instrument flight theory.

(b) Flight test. An applicant for a certificate or rating under this part (other than an applicant for a type rating only, an airline transport pilot certificate or associated rating, or a pilot certificate with a lighter-than-air category or associated class rating) who fails a flight test for that certificate or rating may apply for retesting upon presenting a statement from a certificated flight instructor with an appropriate rating on his flight instructor certificate that he has given additional instruction to the applicant and now considers the applicant ready for retesting.

(c) [Reserved]

(d) Airline transport; flight test. An applicant for an airline transport pilot certificate or associated rating who fails a flight test under this part may apply for retesting upon presenting a statement from his instructor (as to required instruction) certifying that he has given the additional instruction to the applicant and considers him ready for retesting, and satisfactory evidence that he has

(1) Logged at least 5 additional hours of flying solely by instruments and at least 5 additional hours of flight instruction from an appropriately rated flight instructor or an airline transport pilot;

or

(2) Received additional practice or instruction (flight, synthetic trainer, or ground training, or any combination thereof) that is necessary, in the opinion of the Administrator or the applicant's instructor (if the Administrator has au

thorized him to determine the additional instruction necessary) to prepare the applicant for retesting.

However, in retesting, only the maneuvers failed need be repeated. An applicant who meets the requirements of subparagraph (1) or (2) of this paragraph is considered to meet the 5-hour flight time requirements of § 61.145 (b) (2) (1). (e) [Reserved] (f) [Reserved]

(g) Lighter-than-air; flight test. An applicant for a private or commercial pilot certificate with a lighter-than-air category rating (airship or free balloon class) who fails a flight test under this part may apply for retesting after he has logged at least three additional hours of flight time.

[Doc. No. 1179, 27 F.R 7957, Aug. 10, 1962, as amended by Amdt. 61-1, 27 F.R. 10410, Oct. 25, 1962; Amdt. 61-14, 30 F.R. 2925, Mar. 6, 1965; Amdt. 61-17, 30 F.R. 6577, May 13, 1965; Amdt. 61-18, 30 F.R. 8257, June 29, 1965; Amdt. 61-25, 31 F.R. 13523, Oct. 20, 1966] § 61.29 Graduates of certificated flying schools: Special rules.

(a) A graduate of a flying school that is certificated under Part 141 of this chapter is considered to meet the applicable aeronautical experience requirements of this part if he presents an appropriate graduation certificate within 60 days after the date he is graduated. However, if he applies for a flight test for an instrument rating or a flight instructor certificate, he must hold a commercial pilot certificate, or hold a private pilot certificate and meet the requirements of § 61.115 (except paragraphs (a) (3) and (4) thereof).

(b) An applicant for a certificate or rating under this part may be considered to meet the aeronautical knowledge or skill requirements, or both, applicable to that certificate or rating, if he applies within 90 days after being graduated from an appropriate course of a flying school that is certificated under Part 141 of this chapter and is authorized by the Administrator to test applicants aeronautical knowledge or skill, or both. [Amdt. 61-25, 31 F.R. 13523, Oct. 20, 1966] § 61.31 Military pilots or former military pilots: Special rules.

on

privileges and limitations, general operating, air traffic, and accident reporting rules, and presents satisfactory documents showing that

(1) He is a member of an Armed Force of the United States and is either on solo flying status as a rated pilot or the equivalent (or, in the case of an applicant for a pilot certificate with a lighter-than-air category rating, has been in that status for a period of at least six consecutive months before the date he applies), or has, within the 12 months before the date he applies, been graduated from, and rated as a pilot by, a military flying school;

(2) He is a member of an Armed Force of the United States and has been removed from solo flying status as a rated pilot or the equivalent for reasons other than lack of flying proficiency;

(3) He has been honorably discharged or released from such an Armed Force and was, at the time of the discharge or release, on solo flying status as a rated pilot or the equivalent (or, in the case of an applicant for a pilot certificate with a lighter-than-air category rating, has been in that status for a period of at least six consecutive months); or

(4) He has been honorably discharged or released from such an Armed Force and was, before that discharge or release, removed from solo flying status as a rated pilot or the equivalent for reasons other than lack of flying proficiency.

However, a person covered by subparagraph (2), (3), or (4) of this paragraph who was discharged or released more than 12 months before the date he applies, or who has not been on solo flying status as a rated pilot or the equivalent within that 12-month period, must also pass the written examination prescribed for the aeronautical knowledge requirements appropriate to the certificate sought, meet the prescribed physical standards, and pass the appropriate flight test, or in the case of an applicant for a private lighter-than-air certificate, have had at least 10 hours of flight time as pilot in command in military lighterthan-air aircraft within that 12-month period.

(b) Category, class, or type ratings. (1) A person who applies for a particular category, class, or type rating is entitled to an appropriate rating on the pilot certificate that he holds or for which he has applied, if he presents

satisfactory documentary evidence that, within the 12 months before the date he applies, he has had at least 10 hours of flight time as pilot in command in military aircraft of a category, class, or type for which he seeks a rating or has passed either an official military checkout as pilot in command, or the equivalent, in the aircraft concerned or the appropriate FAA flight test. A type rating is issued only for aircraft types that the Administrator has certificated for civil operations. This paragraph does not authorize a rating to be placed on an airline transport pilot certificate unless that rating is limited to commercial privileges.

(2) An applicant for a type rating issued under subparagraph (1) of this paragraph must hold an instrument rating, or concurrently obtain one under the provisions of paragraph (c) of this section, and he must present reliable evidence of a military instrument flight check in the type of aircraft for which a type rating is sought.

(3) An applicant for a type rating who does not meet the instrument requirements of subparagraph (2) of this paragraph may obtain a type rating limited to "VFR Only." Upon meeting the instrument requirements of this paragraph, or of § 61.17(j) (1) (i) and (iii), the "VFR Only" limitation may be removed for the particular type of aircraft in which the instrument proficiency is shown.

(c) Instrument rating. (1) A private or commercial pilot who holds a current military instrument rating or card for an aircraft other than a helicopter is entitled to an instrument rating under this part for an aircraft other than a helicopter. If he holds a military instrument rating or card for a helicopter he is entitled to a helicopter instrument rating under this part.

(2) At any time before October 17, 1968, the holder of a pilot certificate who has held a military instrument rating or card for a helicopter is entitled to a helicopter instrument rating under this part without a showing of instrument competency in a helicopter. However, in the case of an instrument rating issued to the holder of an airline transport pilot certificate, the rating is limited to commercial pilot privileges.

(d) For the purposes of this section(1) An official identification card issued by the Armed Force concerned showing that the holder is a member is satisfactory evidence of membership;

(2) An official order to solo flight status, an appropriate Air Force form or Navy flight logbook endorsed to show solo flight status, official order showing graduation from, and rating as a pilot by, a military flying school, or a copy of orders showing duty involving flying as a rated pilot, is satisfactory evidence of flight status;

(3) An appropriate Air Force form or a summary of it, or a certified military logbook, is satisfactory evidence of pilot flight time, but pilot-in-command flight time in an aircraft normally having two pilots must be substantiated by official checkout records; and

(4) An original or photostatic copy of a certificate of discharge or release from an Armed Force is satisfactory evidence of discharge or release.

However, a person who was discharged from an Armed Force or removed from flight status because of flight deficiency is not eligible for a pilot certificate under this section.

(Sec. 602, 72 Stat. 776; 49 U.S.C. 1422) [Doc. No. 1179, 27 F.R. 7958, Aug. 10, 1962, as amended by Amdt. 61-1, 27 F.R. 10410, Oct. 25, 1962; Amdt. 41-5, 28 F.R. 9249, Aug. 22, 1963; Amdt. 61-14, 30 F.R. 2925, Mar. 6, 1965; Amdt. 61-24, 31 F.R. 12400, Sept. 17, 1966]

§ 61.33 Special purpose pilot certificates (other than airline transport): Foreign citizens.

(a) An applicant for a pilot certificate who is a citizen of a foreign country, who holds a current pilot certificate issued by that country, and who meets the requirements of this section, may have a pilot certificate issued to him stating the operations it authorizes and containing ratings based on the ratings on his foreign pilot certificate. If he has no ratings on that certificate, ratings under this section may be issued for those aircraft that he has flown for at least 10 hours as pilot in command, during the preceding 12 months. However, no instrument rating may be placed on a certificate issued under this section.

(b) An applicant for a certificate under this section must submit satisfactory evidence of his aeronautical experience and must pass a test on §§ 91.1 through 91.9 and Subpart B of Part 91 of this chapter. In addition, he must either submit satisfactory evidence that he currently meets the physical requirements for the foreign certificate that he holds or presents an appropriate

current medical certificate issued under Part 67 of this chapter.

(c) Each certificate issued under this section must show the basis upon which it was issued and may be used only for the specific purpose for which issued. If the applicant cannot read, speak, and understand the English language, the certificate may contain additional limitations that the Administrator considers necessary for air safety.

(d) This section does not apply to airline transport pilot certificates.

[Doc. No. 1179, 27 F.R. 7958, Aug. 10, 1962, as amended by Amdt. 61-1, 27 F.R. 10410, Oct. 25, 1962]

§ 61.35

Instrument rating; knowledge and experience requirements. (a) An applicant for an instrument rating must hold at least

(1) A commercial pilot certificate; or (2) A private pilot certificate and meet the requirements of § 61.115 (a) except subparagraphs (3) and (4) thereof. However, in the case of a helicopter instrument rating the applicant must hold at least a private pilot certificate and meet the requirements of § 61.119 in a helicopter.

(b) An applicant for an instrument rating must pass a written test on

(1) This subchapter as it applies to flight under IFR conditions;

(2) Radio navigation systems and procedures, instrument landing systems and procedures, and radio communication procedures; and

(3) Meteorology, including the characteristics of air masses and fronts and the weather associated with them, elementary principles of forecasting, and the availability, evaluation, and utilization of meteorological reports.

(c) An applicant for an instrument rating must have at least 40 hours of instrument time under actual or simulated conditions including time acquired in a synthetic trainer. That time must include at least 20 hours of flight time of which at least 15 hours must be instrument flight instruction given by a flight instructor with an appropriate instrument rating on his flight instructor certificate. In the case of an applicant for an instrument rating for an aircraft other than a helicopter, at least 10 hours of the required 20 hours of flight time and at least 5 hours of the required 15 hours of instrument flight instruction must be accomplished in an aircraft other than a helicopter. In the case of

an applicant for a helicopter instrument rating, at least 10 hours of the required 20 hours of flight and at least 5 hours of the required 15 hours of instrument flight instruction must be accomplished in a helicopter. The required instrument flight instruction must include at least

(1) An instrument approach down to the published minimums at two different locations, at least one of which must have a VOR or ILS facility that is used for the approach;

(2) Two instrument approaches made in accordance with a clearance from air traffic control and including transition from en route airways instrument flight to the approach fix or facility from which the approach will begin; and

(3) One flight with an aircraft other than a helicopter of at least 200 nautical miles on Federal airways while operating in accordance with an approved IFR flight plan except that in the case of an applicant for a helicopter instrument rating that flight must be accomplished with a helicopter for a distance of at least 50 nautical miles.

The flight required by subparagraph (3) of this paragraph must include at least two compulsory reporting points and use VHF navigation facilities for at least one leg of the course. During the flight at least one instrument approach must be made down to the published minimums, at a place where the trainee has not previously made an instrument approach.

(Sec. 602 of the Federal Aviation Act of 1958; 49 U.S.C. 1422) [Amdt. 61-9, 29 F.R. 6768, May 23, 1964, as amended by Amdt. 61-24, 31 F.R. 12400, Sept. 17, 1966]

(a) An applicant for an instrument rating must pass a practical test on the procedures and maneuvers listed in paragraph (c) of this section. The test is given in three phases, an oral operational test, an instrument flying test, and a radio navigation and approach procedures test. The applicant must perform the flight maneuvers solely by reference to instruments.

(b) Any significant error of a dangerous nature is disqualifying. Any error that makes it necessary for the examiner to take over the controls to avoid violating the aircraft's operating limitations, a loss of control, or a collision with the ground is disqualifying.

(c) The applicant must perform the following procedures and maneuvers competently:

(1) Phase I-oral operational test:
(i) Instrument flight planning.

(ii) Preparing and filing an instrument flight plan.

(iii) Stalls and maneuvering at approach speeds, except that stalls are not required for helicopters.

(iv) Required instruments and equipment, and their proper use.

(2) Phase II-Instrument flying test: (i) Straight and level flight, using needle, ball, and airspeed only.

(ii) Turns, climbs, and descents, using needle, ball, and airspeed only.

(iii) Stalls, and maneuvering at approach speeds.

(iv) Steep turns.

(v) Recovery from unusual attitudes, using needle, ball, and airspeed only.

(vi) Engine-out procedures, if test is in multiengine aircraft.

(3) Phase III-radio navigation and approach procedures test:

(i) Radio navigation, including orientation using LF, OMNI range, or ADF.

(ii) Using radio for voice communication.

(iii) Standard instrument approach to authorized IFR weather minimums (not more than 500 feet and 1 mile), including holding procedures.

(iv) Missed approach procedures. (v) Emergencies, such as radio or instrument malfunctions.

(vi) Compliance with air traffic control instructions and procedures.

[Doc. No. 1179, 27 F.R. 7959, Aug. 10, 1962, as amended by Amdt. 61-24, 31 F.R. 12401, Sept. 17, 1966]

§ 61.39 Pilot logbooks: Except airline transport pilots.

(a) General. The flight time used to meet the experience requirements for any pilot certificate or rating, or to meet the recent flight experience requirements of § 61.47, must be shown by a reliable record. The logging of other flight time is not required. The instructor of a lighter-than-air pilot shall certify each entry on flight instruction that he gave to that pilot. Each pilot who keeps a logbook under this section shall enter into it the following information as to each flight:

(1) General. (i) Date;

(ii) Duration;

(iii) Points of departure and arrival;

and

(iv) Identification mark of the aircraft.

(2) Type of piloting time. (i) Pilot in command or solo;

(ii) Second in command;

(iii) Synthetic trainer; or

(iv) Flight instruction from an appropriately rated flight instructor, in the case of airplanes or rotorcraft; from an appropriately rated flight instructor or commercial glider pilot, in the case of gliders; from a commercial lighter-thanair pilot with an airship rating, in the case of airships or free balloons; or from a commercial free balloon pilot in the case of free balloons.

(3) Conditions of flight. (i) Day or night;

(ii) Actual instrument flight; or (iii) Simulated instrument flight. (4) Flight results. If, in the case of a lighter-than-air pilot, the flight resulted in serious damage to the aircraft, an entry to that effect.

(b) Solo flight time. A student, private, or commercial pilot may log as solo only that flight time during which he is the only occupant of the aircraft.

(c) Pilot in command time. A private or commercial pilot may log as pilot in command only the flight time during which he is the only manipulator of the controls of an aircraft for which he is rated or the flight time during which he is the only occupant of the aircraft. A flight instructor may log as pilot in command time all flight time during which he is serving as a flight instructor.

(d) Second in command time. A private or commercial pilot may log as second in command that flight time during which he is performing the duties of a second in command. He may be credited with not more than 50 percent of that kind of flight time toward the total flight time required for a higher certificate or rating. However, a private pilot may not be credited with more than 50 hours of flight time under this paragraph.

(e) Instrument time. The pilot manipulating the controls of an aircraft during the time it is flown solely by reference to instruments under instrument weather conditions or simulated instrument flight conditions may log only that time as instrument flight time.

(f) Inspection of pilot logbooks. A pilot who keeps a logbook under this section shall present it for inspection upon the request of, and after reasonable notice by, the Administrator, an author