JamesNoBrakes

Excellent!

Flyaf05

I used this and it worked perfectly! They had to do it via a paper application but I still have the license in a month. Make sure you bring a copy of the SFAR to the Checkride because a lot of examiners aren't familiar.

FightingFalconI

The next part of this is what happens on 1 Aug 2016? Is SFAR 100-2 controlling or is CFR 61.155(d):

(d) An applicant who successfully completes the knowledge test for an airline transport pilot certificate prior to August 1, 2014, must successfully complete the practical test within 24 months from the month in which the knowledge test was successfully completed. An applicant who passes the knowledge test prior to August 1, 2014, but fails to successfully complete the airplane category with a multiengine class rating practical test within 24 months must complete the airline transport pilot certification training program specified in §61.156 and retake the knowledge test prior to applying for the airplane category with a multiengine class rating practical test.

I have asked a former contract instructor of mine who is now an ASI and she says the feeling in her office is the SFAR takes precedence. Some of my DPEs have asked their FSDO and the FSDO has forwarded "up the chain", no response. Some DPEs say they are so busy they don't want to mess with it. Absent a General Counsel opinion ( I am not aware of one) it appears to be up to the local FSDO that owns the DPE. I have not called Airman Certification branch yet, but will. Has anybody gotten a good answer on this?

FightingFalconI

actually, doesn't the SFAR say if the you deployed anytime after 9/11 you have 6 months after you get back? As I read it if your test expired in 2004 and you are getting back tomorrow u have 6 months.

2. Eligibility. A person is eligible for the relief described in paragraph 1 of this SFAR if:

(a) The person served in a U.S. military or civilian capacity outside the United States in support of the U.S. Armed Forces' operation during some period of time from September 11, 2001, to termination of SFAR 100-2;

(b) The person's flight instructor certificate, airman written test report, or inspection authorization expired some time between September 11, 2001, and 6 calendar months after returning to the United States or termination of SFAR 100-2, whichever is earlier; and

Flyaf05

When I talked to the FSDO who checked with FAA OKC they said that as long as you took the written exam prior to 1 Aug 14 and have a copy of your orders you are good for 6 months. Before the new rules took effect the FAR said a written never expires as long as you're currently on aeronautical orders in the military. It seems then that as long as you took the test at any point prior to 1 Aug 14 and have deployed recently you can get the 6 month extension.

FightingFalconI

That's a good answer. I'll do the same and get a name at Airman's Certification Branch and pass it to my DPEs. Once again, I haven't seen anything in writing.

JamesNoBrakes

The regulation is in writing.

FightingFalconI

The issue is two conflicting regulations, which takes precedence.

JamesNoBrakes

But even the non-ATP knowledge test requirements for other certificates and ratings doesn't have any relief in them, so you can make that argument for any certificate and rating, in which case, then what is the SFAR for? The SFAR was written to over-ride all of those.

JohnBurke

There is no conflict.

What do you think conflicts?

As for seeking support at the FSDO level, while they can offer their opinion, it carries no legal weight; the FSDO is not authorized to interpret the regulation. That is reserved for the regional and chief legal counsel. If you get an answer at the FSDO level and another FSDO doesn't abide it, or you're violated based on what a FSDO told you, then you've nothing to fall back on. You can't use as your defense, "the FSDO told me."

As noted above; the regulation is in writing.

You are entitled to seek clarification at any time from the FAA Chief Legal Counsel. It may take a year or more to get a response.