Question on New ATD Currency Rule

Palmpilot

Palmpilot

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Richard Palm
The new 61.57(c)(2), which allows ATD use to be counted for instrument currency purposes for six calendar months instead of two, goes into effect on November 26th. In light of that, can ATD tasks performed within the six calendar months preceding November 26th be used to determine whether the pilot is instrument current on November 26th through November 30th? Why or why not?

https://www.ecfr.gov/cgi-bin/text-i...9216d2128a85248ebe&mc=true&node=20180627y1.63
 
I'd say it can. That's because Instrument currency is a "look back" as of the day you are checking currency. If you are looking back after July 27, the reg on that date is the reg you use.

Just IMO.
 
midlifeflyer said:
I'd say it can. That's because Instrument currency is a "look back" as of the day you are checking currency. If you are looking back after July 27, the reg on that date is the reg you use.

Just IMO.
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Based on how the FAA has handled other similar reg changes, I'd suspect you could use previously logged ATD time toward the new reg.

When the FAA changed the periodicity of medicals back in 2008, that's how it worked. At the time my 3rd class medical had expired a few months before the change took effect, but when the new reg took effect, I suddenly had a valid medical again! A call to the FAA confirmed.
 
Palmpilot said:
The new 61.57(c)(2), which allows ATD use to be counted for instrument currency purposes for six calendar months instead of two, goes into effect on November 26th. In light of that, can ATD tasks performed within the six calendar months preceding November 26th be used to determine whether the pilot is instrument current on November 26th through November 30th? Why or why not?

https://www.ecfr.gov/cgi-bin/text-i...9216d2128a85248ebe&mc=true&node=20180627y1.63
Click to expand...

On that date, the old regulation will no longer exist. If your recency of experience is in accordance with the version of 61.57(c) that exists on that date, you are current. This is in contrast to something like BasicMed where the cutoff date is written directly into the regulation.
 
Same thing when they edited the high performance/complex reg to separate the endorsements...guys who couldn't act as PIC suddenly could because the grandfathering date changed.
 
MauleSkinner said:
Same thing when they edited the high performance/complex reg to separate the endorsements...guys who couldn't act as PIC suddenly could because the grandfathering date changed.
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That's a bit different. Like @dmspilot's BasicMed example, the trigger date is specified in 61.31.

This is more on the level of "what is the regulation" rather than "what was the regulation."
 
midlifeflyer said:
That's a bit different. Like @dmspilot's BasicMed example, the trigger date is specified in 61.31.

This is more on the level of "what is the regulation" rather than "what was the regulation."
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Seems the same to me...

Yesterday my ATD time four months ago didn't count...today it does.

Yesterday the PIC time I logged in a Bonanza five years ago didn't qualify me to act as PIC...today it does.
 
midlifeflyer said:
This is more on the level of "what is the regulation" rather than "what was the regulation."
Click to expand...
Along those lines, I'm a little concerned about the wording of the new 61.57(c)(2):

(c) * * *

(2) Use of a full flight simulator, flight training device, or aviation training device for maintaining instrument experience. A pilot may accomplish the requirements in paragraph (c)(1) of this section in a full flight simulator, flight training device, or aviation training device provided the device represents the category of aircraft for the instrument rating privileges to be maintained and the pilot performs the tasks and iterations in simulated instrument conditions. A person may complete the instrument experience in any combination of an aircraft, full flight simulator, flight training device, or aviation training device.
​
I'm wondering if the FAA might argue that the "may accomplish" wording implies present or future accomplishment of currency tasks, thus ruling out currency tasks that were accomplished before the regulation took effect.

Probably not a good idea to submit that question to the Chief Counsel, however!
 
If we wait until June of next year the problem sorts itself out.
 
EdFred said:
If we wait until June of next year the problem sorts itself out.
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True. I'm just trying to decide whether there's any point in logging my ATD time before November 26th, given that I'm presently current through November.
 
Palmpilot said:
Along those lines, I'm a little concerned about the wording of the new 61.57(c)(2):

(c) * * *

(2) Use of a full flight simulator, flight training device, or aviation training device for maintaining instrument experience. A pilot may accomplish the requirements in paragraph (c)(1) of this section in a full flight simulator, flight training device, or aviation training device provided the device represents the category of aircraft for the instrument rating privileges to be maintained and the pilot performs the tasks and iterations in simulated instrument conditions. A person may complete the instrument experience in any combination of an aircraft, full flight simulator, flight training device, or aviation training device.
​
I'm wondering if the FAA might argue that the "may accomplish" wording implies present or future accomplishment of currency tasks, thus ruling out currency tasks that were accomplished before the regulation took effect.

Probably not a good idea to submit that question to the Chief Counsel, however!
Click to expand...
You are reading too much into it. Your read would also mean that no one is instrument current on the day the new reg takes effect.

So, it's December 3 and you are trying to decide whether you are current. Are you going to use a reg that no longer exists or the one that does?
 
MauleSkinner said:
Seems the same to me...

Yesterday my ATD time four months ago didn't count...today it does.

Yesterday the PIC time I logged in a Bonanza five years ago didn't qualify me to act as PIC...today it does.
Click to expand...
Oh, I agree that the result is the same. I only disagree the concept is the same. But recall I read this stuff for a living.
 
midlifeflyer said:
You are reading too much into it. Your read would also mean that no one is instrument current on the day the new reg takes effect.

So, it's December 3 and you are trying to decide whether you are current. Are you going to use a reg that no longer exists or the one that does?
Click to expand...
Well, I want you to be right, so I won't argue the point. :)
 
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