Good Evening Lance,
I believe your friend is correct, though there may be an exception under the new language.
If the distance is a portion of a GPS approach, it could be legal, but if the distance in question is one that would normally be found by using a DME, the use is probably illegal.
In the originally published AIM interpretation, the card had to be current for the "In Lieu Of" provisions to be applied. However, if the individual FAA Approved Flight Manual Supplement so stated, an out of date datacard could be used to execute a GPS approach if the data could be determined to be current.
The language concerning using the GPS in Lieu of ADF or DME has been changed and the legality of using the outdated card is now in question.
The current AIM language contradicts the language that is in the new "W" set's FAA Approved Airplane Flight Manual Supplement.
The FAA has stated that we lost no capability via the new language.
Under the old language, the GPS could NOT be used in lieu of an ADF or DME without a current datacard.
1. There is no doubt that the GPS can be used as a substitute for any DME purpose IF the datacard is current.
2. There is no doubt that it could NOT have been used for that purpose with an outdated card under the old language.
The "new" language has muddied the water. The only place that the language actually says that a current datacard is required when the GPS is being used in lieu of a DME is in the tabular listing of approved uses.
However, the new AIM language does make a flat statement that the set must have a current datacard for it to be used to execute a GPS approach. That is in conflict with the language contained in the current production 430W and 530W FAA Approved Flight Manual Supplement unless that individual installation is approved under the local approval process.
I know of none that have been done that way, but anything is possible.
After reading what I just wrote, I am not sure what it says!
Sorry about the lack of a clear and positive reference.
What a mess.
Happy Skies,
Old Bob