Following or understanding the regs

stingray

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Daniel Michaels
Can a CFI-SP sign a tailwheel endorsement for a Private Pilot if the training is given in a tailwheel aircraft meeting the LSA definition? The answer appears to be no.

It hinges on the definition of an authorized instructor:

Quote:
Sec. 61.31
(i) Additional training required for operating tailwheel airplanes.
(1) Except as provided in paragraph (i)(2) of this section, no person may act as pilot in command of a tailwheel airplane unless that person has received and logged flight training from an authorized instructor in a tailwheel airplane and received an endorsement in the person's logbook from an authorized instructor who found the person proficient in the operation of a tailwheel airplane. The flight training must include at least the following maneuvers and procedures:
(i) Normal and crosswind takeoffs and landings;
(ii) Wheel landings (unless the manufacturer has recommended against such landings); and
(iii) Go-around procedures.
(2) The training and endorsement required by paragraph (i)(1) of this section is not required if the person logged pilot-in-command time in a tailwheel airplane before April 15, 1991.
Doesn't seem to be listed in the privileges of the CFI-SP:

Quote:
Sec. 61.413 [What are the privileges of my flight instructor certificate with a sport pilot rating? ]

[ If you hold a fight flight instructor certificate with a sport pilot rating, you are authorized, within the limits of your certificate and rating, to provide training and logbook endorsements for--
(a) A student pilot seeking a sport pilot certificate;
(b) A sport pilot certificate;
(c) A flight instructor certificate with a sport pilot rating;
(d) A powered parachute or weight-shift-control aircraft rating;
(e) Sport pilot privileges;
(f) A flight review or operating privilege for a sport pilot;
(g) A practical test for a sport pilot certificate, a private pilot certificate with a powered parachute or weight-shift-control aircraft rating or a flight instructor certificate with a sport pilot rating;
(h) A knowledge test for a sport pilot certificate, a private pilot certificate with a powered parachute or weight-shift-control aircraft rating or a flight instructor certificate with a sport pilot rating; and
(i) A proficiency check for an additional category, class, or make and model privilege for a sport pilot certificate or a flight instructor certificate with a sport pilot rating. ]
but it's not specifically limited, either:

Quote:
Sec. 61.415 [What are the limits of a flight instructor certificate with a sport pilot rating? ]

[ If you hold a flight instructor certificate with a sport pilot rating, you are subject to the following limits:
(a) You may not provide ground or flight training in any aircraft for which you do not hold:
(1) A sport pilot certificate with applicable category and class privileges and make and model privileges or a pilot certificate with the applicable category and class rating; and
(2) Applicable category and class privileges for your flight instructor certificate with a sport pilot rating.
[...]
(d) You may not endorse a:
(1) Student pilot's certificate or logbook for solo flight privileges, unless you have-
(i) Given that student the flight training required for solo flight privileges required by this part; and
(ii) Determined that the student is prepared to conduct the flight safely under known circumstances, subject to any limitations listed in the student's logbook that you consider necessary for the safety of the flight.
(2) Student pilot's certificate and logbook for a solo cross-country flight, unless you have determined the student's flight preparation, planning, equipment, and proposed procedures are adequate for the proposed flight under the existing conditions and within any limitations listed in the logbook that you consider necessary for the safety of the flight.
(3) Student pilot's certificate and logbook for solo flight in Class B, C and D airspace areas, at an airport within Class B, C, or D airspace and to from, through or on an airport having an operational control tower, unless that you have- (i) Given that student ground and flight training in that airspace or at that airport; and
(ii) Determined that the student is proficient to operate the aircraft safely.
(4) Logbook of a pilot for a flight review, unless you have conducted a review of that pilot in accordance with the requirements of §61.56.
[...]
(h) You must perform all training in an aircraft that complies with the requirements of §91.109 of this chapter.
(i) If you provide flight training for a certificate, rating or privilege, you must provide that flight training in an aircraft that meets the following:
(1) The aircraft must have at least two pilot stations and be of the same category and class appropriate to the certificate, rating or privilege sought.
(2) For single place aircraft, pre-solo flight training must be provided in an aircraft that has two pilot stations and is of the same category and class appropriate to the certificate, rating, or privilege sought. ]

This is not about Can one give an endorsement or not. I am just using this example on how to understand which one you would use for an explanation.

Under privileges; you are not allowed to give an endorsement to anything other than a SP.

Looking at 61.413 (f) says Sport Pilot
While 61.415 (d) (4) says pilot

If one were to only look at 61.415 You could give a FR to a PPL.
If one were to look at 61.413 You are limited to a SP.

Mostly I think that if you look under just PPL regs it will favor signing off anything that you as a PPL are rated at. If you look under SP regs it is limited to SP and even then within that it is not clear. Is there an overriding factor here. Even though it may seem like it is allowed in one part does the privileges 61.413 override any other part?

To clarify my position is that a pilot is either a PPL or a SP, a PPL just because he is flying a LSA is not a SP.

Greg I snipped this from your post I hope that is all right.

Dan
 
The short answer is "yes," provided the CFI-SP meets 61.31(i) requirements.

If the CFI-SP meets 61.31(i) requirements, the CFI-SP is an authorized instructor for the purpose of giving training in a TW LSA. Since the TW endorsement is a one-time requirement, and valid in all airworthiness categories of airplanes (LSA, Standard, Experimental, etc), the training may be given in a LSA by a CFI-SP qualified to give TW training, and that endorsement is then valid in all TW airplanes. Note that the TW endorsement is a requirement for Student Pilot solo in a TW LSA, Sport Pilot certificate in a TW LSA, and additional Sport Pilot privileges in a TW LSA for a Sport Pilot with no previous TW endorsement, and thus falls under several paragraphs of 61.413.
 
This is a pretty tough question to answer with any certainty. I lean toward "yes" but short of an official interpretation, I think it'd be hard to say for sure.
 
We already beat the snot out of this question on this thread:
http://www.pilotsofamerica.com/forum/showpost.php?p=414814&postcount=26

Geoffrey,

As I said it is not about the "Is it legal" but why.

If you go to 61.413 and look at the privileges of a CFI SP it specifically says for "Sport Pilot". When I look at that to me it says I can only sign off or endorse a "Sport Pilot". It does not say any pilot as long as they are in a "LSA". If you go by just 61.413 the answer is no. So how do you determine what trumps what. Not just for this purpose but for any other points as well. A pilot flying a LSA is still a PPL. Even though 61.415 says you can.

Look also at 61.413 (f) A flight review or operating privilege for a Sport Pilot. and (g) A practical test for a sport pilot, a private pilot certificate with a powered parachute or weight shift control aircraft...

In (g) they specified PPL. If I had privileges for a PPL in an LSA would it not read (f) A flight review for a sport pilot, or a private pilot in a LSA?

I was told I have to know this inside out, not just the answer but why.

Dan
 
Geoffrey,

As I said it is not about the "Is it legal" but why.

If you go to 61.413 and look at the privileges of a CFI SP it specifically says for "Sport Pilot". When I look at that to me it says I can only sign off or endorse a "Sport Pilot". It does not say any pilot as long as they are in a "LSA". If you go by just 61.413 the answer is no. So how do you determine what trumps what. Not just for this purpose but for any other points as well. A pilot flying a LSA is still a PPL. Even though 61.415 says you can.

Look also at 61.413 (f) A flight review or operating privilege for a Sport Pilot. and (g) A practical test for a sport pilot, a private pilot certificate with a powered parachute or weight shift control aircraft...

In (g) they specified PPL. If I had privileges for a PPL in an LSA would it not read (f) A flight review for a sport pilot, or a private pilot in a LSA?

I was told I have to know this inside out, not just the answer but why.

Dan

If you can figure out the "why" then you have done better than everyone else who has taken this one on that I've seen.:yesnod:

Question - could you give _me_ a tailwheel endorsement in a J-3? I have a PP but no medical - so now I would fly under sport pilot rules - right? (I don't really need one with a couple hundred of tailwheel hours, but let's ignore that fact.) Can you find any regulation that would prohibit you from doing that? What happens if I get a medical? (again, ignoring some realities)

Or suppose you have a sport pilot pilot that needs a tailwheel endorsement - can you do that? What happens if he/she/it gets a medical and a PP later on. Does the endorsement expire or not apply to a Cessna 120?

:D:D:D:D:D
 
Geoffrey,

As I said it is not about the "Is it legal" but why.

If you go to 61.413 and look at the privileges of a CFI SP it specifically says for "Sport Pilot".
Look again at 61.413(e). Since PP's and above have "Sport Pilot privileges" included in their higher certificates, a CFI-SP can give them any training or endorsements in an LSA which that CFI-SP could give a Sport Pilot in that LSA.
 
Look again at 61.413(e). Since PP's and above have "Sport Pilot privileges" included in their higher certificates, a CFI-SP can give them any training or endorsements in an LSA which that CFI-SP could give a Sport Pilot in that LSA.

I would say that that is true if not for the wording specifically naming a Private Pilot. If it had not named Sport Pilot and Private pilot under (g) it would make some sense. Once you differentiate between the two in one part it has to mean that they are differentiating for other parts.

I went back a tried to find one thing in 61.413 that would combine the two without special meaning. I looked at (e) Sport Pilot privileges. Then I went to 61.323 It says "If you hold a sport pilot certificate"... If it would have said "If you hold at least a Sport Pilot certificate. 61.305 says "At least".

Dan
 
I acknowledged you on the first post.

Dan
You acknowledged Greg, not me!:mad2::rofl:

(It's not like I make a secret of my name, yet I frequently get called "Greg", especially on PoA. I really don't know why, since we already have a couple of very good "Greg"s here!)
 
If you can figure out the "why" then you have done better than everyone else who has taken this one on that I've seen.:yesnod:

Question - could you give _me_ a tailwheel endorsement in a J-3? I have a PP but no medical - so now I would fly under sport pilot rules - right? (I don't really need one with a couple hundred of tailwheel hours, but let's ignore that fact.) Can you find any regulation that would prohibit you from doing that? What happens if I get a medical? (again, ignoring some realities)

Or suppose you have a sport pilot pilot that needs a tailwheel endorsement - can you do that? What happens if he/she/it gets a medical and a PP later on. Does the endorsement expire or not apply to a Cessna 120?

:D:D:D:D:D

I have always looked at it as a PP and a SP. Just because you do not have a medical anymore does not make your certificate a SP. You have a PPL flying under SP rules. I would go direct to 61.413 The only thing I could do for a PPL would be (g) or (h).

§ 61.413 What are the privileges of my flight instructor certificate with a sport pilot rating?

If you hold a fight flight instructor certificate with a sport pilot rating, you are authorized, within the limits of your certificate and rating, to provide training and logbook endorsements for—
(a) A student pilot seeking a sport pilot certificate;
(b) A sport pilot certificate;
(c) A flight instructor certificate with a sport pilot rating;
(d) A powered parachute or weight-shift-control aircraft rating;
(e) Sport pilot privileges;
(f) A flight review or operating privilege for a sport pilot;
(g) A practical test for a sport pilot certificate, a private pilot certificate with a powered parachute or weight-shift-control aircraft rating or a flight instructor certificate with a sport pilot rating;
(h) A knowledge test for a sport pilot certificate, a private pilot certificate with a powered parachute or weight-shift-control aircraft rating or a flight instructor certificate with a sport pilot rating; and
(i) A proficiency check for an additional category, class, or make and model privilege for a sport pilot certificate or a flight instructor certificate with a sport pilot rating.


I can give endorsements to a SP for a Tailwheel endorsement. Then

61.31
(i) Additional training required for operating tailwheel airplanes. (1) Except as provided in paragraph (i)(2) of this section, no person may act as pilot in command of a tailwheel airplane unless that person has received and logged flight training from an authorized instructor in a tailwheel airplane and received an endorsement in the person's logbook from an authorized instructor who found the person proficient in the operation of a tailwheel airplane. The flight training must include at least the following maneuvers and procedures:

This section does not differentiate between different pilots only PIC. So once you had a tailwheel endorsement from a qualified CFI that endorsement is good on your PPL.

Dan
 
I would say that that is true if not for the wording specifically naming a Private Pilot. If it had not named Sport Pilot and Private pilot under (g) it would make some sense. Once you differentiate between the two in one part it has to mean that they are differentiating for other parts.

I went back a tried to find one thing in 61.413 that would combine the two without special meaning. I looked at (e) Sport Pilot privileges. Then I went to 61.323 It says "If you hold a sport pilot certificate"... If it would have said "If you hold at least a Sport Pilot certificate. 61.305 says "At least".
I think at this point the only thing which will satisfy you is for you to put all of this in a letter to the FAA Chief Counsel's office covering all of your concerns and to wait four months for a response. Otherwise, you'll just have to take our word for it that a TW-qualified CFI-SP can give a 61.31(e) TW endorsement to a PP-ASEL in a LSA. Whether you personally choose to do so or not is up to you.
 
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I think at this point the only thing which will satisfy you is for you to put all of this in a letter to the FAA Chief Counsel's office covering all of your concerns and to wait four months for a response. Otherwise, you'll just have to take our word for it that a TW-qualified CFI-SP can give a 61.31(e) TW endorsement to a PP-ASEL in a LSA. Whether you personally choose to do so or not is up to you.

That is not the point. When I explain it to my CFI he asks why. He said I am going to be grilled on this by the examiner. He also said that I have to know the limitations for a CFI SP by hart. If I were to get an answer wrong I could still recover by explaining my position or at least how I came upon it. In a case like this I think it is more important to have the right solution even if the answer is wrong.

I do thank you for your efforts though. I have a much better understanding of that part of the FAR than I did just one week ago.

Dan
 
OK I think I have it now or at least a good argument. I called over to the EAA and talked with Tim. A DPE suggested I call them because they were the ones that wrote up the rules (Or helped)

It comes down to a little of both.

A CFI SP can give a TW endorsement or any endorsement for that matter to a SP, or a PPL exercising his rights as a SP. As Ron Stated.

but, not if the PPL is exercising his rights as a PPL. What this means is a PP cannot come to me and get an endorsement for a FR or TW in a LSA then turn around and use it to satisfy his PP requirement. Here is the really stupid part, unless he was not using it to satisfy his PP requirements. I have to make sure to research and then document that the pilot is exercising his SP rights and not his PP rights.

Pilot has two planes a 172 and a Piper Arrow. He has never flow a LSA and does not intend to purchase one. a SP FR will do him no good.

Pilot has two planes a Taylorcraft and a Champ at some later date he decides to sell the Champ and purchase a 180. SP FR covers all flying.

Not legal; PP goes to a CFI SP and asks to get an endorsement for a Tailwheel in a Champ so that he can fly his 170B.

Legal; PP goes to a CFI SP and asks for an endorsement for a TW so he can fly his Taylorcraft. He states that he let his medical expire. Six months or some time later he decides to get his medical back, buy and fly a 170B.

Legal; PP goes to a CFI SP and asks for an endorsement for a TW so he can fly his Taylorcraft. He states that he has a medical but just purchased a Champ that he intends to fly. Six months or some time later he decides to buy and fly a 170B.

On the using a 150 for training there is no grey area. Explanation is a CFI has a "rating" on his certificate. A CFI SP does not have a rating. So the answer is no, according to the FAR you must be "rated".

Tim also said that the new rules coming out will address this issue later this year.
 
What this means is a PP cannot come to me and get an endorsement for a FR or TW in a LSA then turn around and use it to satisfy his PP requirement.
If you mean that pilot can't use that endorsement to fly a C-170 or the like, that's not true. A flight review obtained in any aircraft for which the pilot is rated or has privileges (i.e., a PP in a LSA) is valid in all aircraft for which the pilot is rated, and a PP-Airplane is effectively "rated" for LSA's (that will be made clearer in the new rules). Likewise, a TW endorsement is valid for all tailwheel airplanes, including LSA, Experimental, and Standard airworthiness categories, even across classes (i.e., a TW endorsement in a Cub is valid in a Beech 18 as long as the pilot has an AMEL rating), regardless of the category/class of airplane in which that TW endorsement was earned. Read the regs (61.56 and 61.31(i))! The thing that PP can't do is use that TW training from a CFI-SP to meet the requirements for Commercial Pilot, since a CFI-SP isn't an "authorized instructor" for giving instruction towards that certificate.
Pilot has two planes a 172 and a Piper Arrow. He has never flow a LSA and does not intend to purchase one. a SP FR will do him no good.
A flight review in an LSA from an SP does cover him for another 24 months in both of his planes, but a CFI-SP cannot give that flight review in either of his planes, just an LSA.
Pilot has two planes a Taylorcraft and a Champ at some later date he decides to sell the Champ and purchase a 180. SP FR covers all flying.
Correct.
Not legal; PP goes to a CFI SP and asks to get an endorsement for a Tailwheel in a Champ so that he can fly his 170B.
Yes, this is legal as long as that Champ is Sport Pilot-legal. The limitation is that CFI-SP can't give that training in the pilot's C-170.
Legal; PP goes to a CFI SP and asks for an endorsement for a TW so he can fly his Taylorcraft. He states that he let his medical expire. Six months or some time later he decides to get his medical back, buy and fly a 170B.
Yes, this is legal.
Legal; PP goes to a CFI SP and asks for an endorsement for a TW so he can fly his Taylorcraft. He states that he has a medical but just purchased a Champ that he intends to fly. Six months or some time later he decides to buy and fly a 170B.
Yes, this is legal.
On the using a 150 for training there is no grey area. Explanation is a CFI has a "rating" on his certificate. A CFI SP does not have a rating. So the answer is no, according to the FAR you must be "rated".
Correct.
 
You are totally correct Ron but you already knew that.

I just got off the phone with Rebecca at the FSDO in MN.

She was able to explain why, but I talked so long I forgot the reg she used. Had something to do with the "endorsement" referring to a log book rather than a certificate or the other way around. I will find it eventually.

I have learned quite a bit about the regs in the last week.

Just to sum up.

CFI SP can give endorsements and FR to any pilot that does them in a LSA. Once they have the endorsement it carries over to anything they are rated to fly.

Tomorrow mornings class is going to be interesting to say the least.

Dan
 
You are totally correct Ron but you already knew that.

I just got off the phone with Rebecca at the FSDO in MN.

She was able to explain why, but I talked so long I forgot the reg she used. Had something to do with the "endorsement" referring to a log book rather than a certificate or the other way around. I will find it eventually.

I have learned quite a bit about the regs in the last week.

Just to sum up.

CFI SP can give endorsements and FR to any pilot that does them in a LSA. Once they have the endorsement it carries over to anything they are rated to fly.

Tomorrow mornings class is going to be interesting to say the least.

Dan
The reg she referred to is probably 61.31(i), which requires an endorsement to act as PIC in tailwheel airplanes with no differentiation between an endorsement for Light Sport, Recreational, Private, Commercial, ATP, or type-rated privileges. Nor are there any "single engine" or "multiengine" class restrictions on the required endorsement.

Fly safe!

David
 
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