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Old 06-19-2016, 11:17 AM
  #1  
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Question SFAR 100-2 (Using an expired written)

I am looking for clarification on SFAR 100-2. I am a military pilot and just returned from a deployment. I took the ATP written before the deadline in 2014. As we all know the expiration date for those written tests will expire soon. However, I have just been hired by a regional airline and will start my ground school at the end of this month. But, I will not be able to complete my checkride before 31 July and my written will expire. After reading SFAR 100-2 I am under the impression that I will still be able to use my expired written for six months after the date I returned from my deployment. Members from my unit have been told that SFAR 100-2 is a generic statement regarding extention of knowledge test expiration date for deployed military and certain civilian employees and the ATP multiengine is the only knowledge test that is not covered under SFAR 100-2. They have been told All DPE's are instructed to adhere to this policy. Also, the FSDO will not accept an expired knowledge test for ATP multi.

(From SFAR100-2) An expired flight instructor certificate to show eligibility for renewal of a flight in-structor certificate under §61.197, or an ex- pired written test report to show eligibility under part 61 to take a practical test.

To me says that I'll still be able to use my expired written because part 61.155 specifically addresses the ATP written.

Also, the regional airline has told me twice that I would not have to go through their CTP program and they would accept my expired written. After hearing what others have been told I am nervous the airline may have overlooked something and I will be in for a surprise after ground school.

So who is right? I cannot find anything that says which written counts and which doesn't. Have I been told wrong by the regional airline or have the other members of my unit been told wrong.

Can anyone clarify this?
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Old 06-19-2016, 04:08 PM
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SFAR 100-2(1)(a) allows you to have an expired written in order to take a practical test.

SFAR 100-2(2)(a) stipulates that you served in a military or civilian capacity in support of armed forces between September 11, 2001, and the present (SFAR 100-2 is currently in effect, until further notice).

SFAR 100-2(2)(b) stipulates that the written may expire up to six months from the time you return to the United States.

SFAR 100-2(2)(c) stipulates that you must complete the practical test within 6 months of returning home to the United States, in order to use the expired written.

SFAR 100-2(3) stipulates that you can use as evidence of your deployment orders, a letter from a military commander or civilian supervisor, or other specified documentation giving the dates of deployment, and that this must be presented to the appropriate FSDO along with the application for certificate or rating.

You may use your expired written. It may expire within the six month window after your return home. It may also be expired before you get home. So long as you take your practical within six months of returning home, you're covered by SFAR 100-2, but be sure to provide documentation of your deployment (and return) dates to qualify that you're within the 6 month window. Your practical test must be completed within that 6 month time frame.

The exception that others in your squadron may be referencing is 14 CFR 61.39(a)(1)(ii), which states that an applicant must pass the required knowledge test "within the 60-calendar month period preceding the month the aplicant completes the practical test for those applicants who complete the airline transport pilot certification trainin gprogram in 61.156 ,and pass the knowledge test for an airline transport pilot certificate with a multi-engine class rating after July 31, 2014."

Did you complete your written test after July 31, 2014?
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Old 06-19-2016, 05:14 PM
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Originally Posted by JohnBurke
SFAR 100-2(1)(a) allows you to have an expired written in order to take a practical test.

SFAR 100-2(2)(a) stipulates that you served in a military or civilian capacity in support of armed forces between September 11, 2001, and the present (SFAR 100-2 is currently in effect, until further notice).

SFAR 100-2(2)(b) stipulates that the written may expire up to six months from the time you return to the United States.

SFAR 100-2(2)(c) stipulates that you must complete the practical test within 6 months of returning home to the United States, in order to use the expired written.

SFAR 100-2(3) stipulates that you can use as evidence of your deployment orders, a letter from a military commander or civilian supervisor, or other specified documentation giving the dates of deployment, and that this must be presented to the appropriate FSDO along with the application for certificate or rating.

You may use your expired written. It may expire within the six month window after your return home. It may also be expired before you get home. So long as you take your practical within six months of returning home, you're covered by SFAR 100-2, but be sure to provide documentation of your deployment (and return) dates to qualify that you're within the 6 month window. Your practical test must be completed within that 6 month time frame.

The exception that others in your squadron may be referencing is 14 CFR 61.39(a)(1)(ii), which states that an applicant must pass the required knowledge test "within the 60-calendar month period preceding the month the aplicant completes the practical test for those applicants who complete the airline transport pilot certification trainin gprogram in 61.156 ,and pass the knowledge test for an airline transport pilot certificate with a multi-engine class rating after July 31, 2014."

Did you complete your written test after July 31, 2014?
Awesome thank you. This is the way I understand it too. No, I took the test before July 31 2014.
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Old 06-19-2016, 05:50 PM
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You should be golden, then.
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Old 06-19-2016, 08:00 PM
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Originally Posted by Basmith97
I am looking for clarification on SFAR 100-2. I am a military pilot and just returned from a deployment. I took the ATP written before the deadline in 2014. As we all know the expiration date for those written tests will expire soon. However, I have just been hired by a regional airline and will start my ground school at the end of this month. But, I will not be able to complete my checkride before 31 July and my written will expire. After reading SFAR 100-2 I am under the impression that I will still be able to use my expired written for six months after the date I returned from my deployment. Members from my unit have been told that SFAR 100-2 is a generic statement regarding extention of knowledge test expiration date for deployed military and certain civilian employees and the ATP multiengine is the only knowledge test that is not covered under SFAR 100-2. They have been told All DPE's are instructed to adhere to this policy. Also, the FSDO will not accept an expired knowledge test for ATP multi.

(From SFAR100-2) An expired flight instructor certificate to show eligibility for renewal of a flight instructor certificate under §61.197, or an expired written test report to show eligibility under part 61 to take a practical test.

To me says that I'll still be able to use my expired written because part 61.155 specifically addresses the ATP written.

Also, the regional airline has told me twice that I would not have to go through their CTP program and they would accept my expired written. After hearing what others have been told I am nervous the airline may have overlooked something and I will be in for a surprise after ground school.

So who is right? I cannot find anything that says which written counts and which doesn't. Have I been told wrong by the regional airline or have the other members of my unit been told wrong.

Can anyone clarify this?
The FSDO has to accept the expired ATP, assuming it did not expire before you deployed and you have evidence of the deployment. The SFAR says if you served you can use
an expired written test report to show eligibility under part 61 to take a practical test
That's the rule. Run it up the chain IMO. The intent of this rule is that if you had taken the ATP written, then gone on deployment, that the results wouldn't expire during the time you are on deployment. There is no SFAR for anyone else for expired written results, this just applies to what the rule says, servicemen, US Gov deployed, etc. There were NO waivers, extensions, deviations, given to ANYONE else for the new ATP rule, except that this SFAR did already exist and already was in play for the people specified in the rule.
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Old 06-19-2016, 08:10 PM
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https://www.gpo.gov/fdsys/pkg/FR-201.../2010-4580.pdf

From the Federal Register (it's the meaning behind the regulations)

(sorry for the colum-like format)
Relief for U.S. Military and Civilian
Personnel Who Are Assigned Outside
the United States in Support of U.S.
Armed Forces Operations
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule; request for
comments.
SUMMARY: The FAA is replacing Special
Federal Aviation Regulation 100–1
(SFAR 100–1), with SFAR 100–2 that
continues to allow Flight Standards
District Offices (FSDOs) to accept
expired flight instructor certificates and
inspection authorizations for renewals
from U.S. military and civilian
personnel (U.S. personnel) who are
assigned outside the United States in
support of U.S. Armed Forces
operations. SFAR 100–2 also continues
to allow FSDOs to accept expired
airman written test reports for certain
practical tests from U.S. personnel who
are assigned outside the United States in
support of U.S. Armed Forces
operations. This action is necessary to
avoid penalizing U.S. personnel who are
unable to meet the regulatory time
limits of their flight instructor
certificate, inspection authorization, or
airman written test report because they
are serving outside the United States in
support of U.S. Armed Forces
operations. The effect of this action is to
give U.S. personnel who are assigned
outside the United States in support of
U.S. Armed Forces operations extra time
to meet certain eligibility requirements
in the current rules.

DATES: This final rule is effective June
20, 2010.

Who is affected by this SFAR?
To be eligible for the relief provided
by this SFAR, a person must meet two
criteria—one related to the person’s
assignment and the second related to
the expiration of the person’s certificate,
authorization, or test report.
Assignment. The person must have
served in a civilian or military capacity
outside the United States in support of
U.S. Armed Forces operations some
time on or after September 11, 2001.
The term ‘‘United States’’ is defined
under 14 CFR 1.1 and means ‘‘the States,
the District of Columbia, Puerto Rico,
and the possessions, including the
territorial waters and the airspace of
those areas.’’ ‘‘In support of U.S. Armed
Forces operations’’ means an assignment
that supports operations being
conducted by our U.S. Army, Navy, Air
Force, Marine Corps, and Coast Guard,
including their regular and reserve
components. Members serving without
component status are also covered. A
person seeking relief under this SFAR
must be able to show that he or she had
an assignment as described above by
providing appropriate documentation
that is described below.
Expiration. The person’s flight
instructor certificate, inspection
authorization, or airman written test
report must have expired some time on
or after September 11, 2001.

Airman Written Test Reports of Parts
61, 63, and 65
Generally, FAA regulations give
airmen a limited amount of time to take
a practical test after passing a
knowledge test. For example, 14 CFR
61.39(a)(1) gives a person 24 calendar
months. This SFAR permits an
extension of the expiration date of the
airman written test reports of parts 61,
63, and 65. The extension can be for up
to six calendar months after returning to
the United States or termination of
SFAR 100–2, whichever date is earlier.
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Old 06-19-2016, 08:47 PM
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Thank you for all the information! I'll pass this on to the guys in our squadron and see if it helps them out. Also, I'll post an update on what happens in the next few months and if I was successful.
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Old 06-20-2016, 12:22 AM
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Originally Posted by JamesNoBrakes
There is no SFAR for anyone else for expired written results, this just applies to what the rule says, servicemen, US Gov deployed, etc. There were NO waivers, extensions, deviations, given to ANYONE else for the new ATP rule, except that this SFAR did already exist and already was in play for the people specified in the rule.
It's not just servicemen and US government deployed. Civilian contractors and civilians in support of armed service operations are also covered.
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Old 06-20-2016, 06:49 AM
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Originally Posted by JohnBurke
It's not just servicemen and US government deployed. Civilian contractors and civilians in support of armed service operations are also covered.
Yes, I was being concise because I didn't want make the entire list, but I did post the federal register. Were you able to read it?
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Old 06-20-2016, 05:28 PM
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Originally Posted by JamesNoBrakes
Yes, I was being concise because I didn't want make the entire list, but I did post the federal register. Were you able to read it?
Yes, I did.

It said just what I'd posted previously.
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