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FAR Q: "IR" needed for IFR in an N-reg aircraft?



 
 
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Old March 5th 05, 11:05 AM
Julian Scarfe
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Default FAR Q: "IR" needed for IFR in an N-reg aircraft?

"Peter" wrote in message
...

I have the FAR/AIM 2005 and while this should be in there somewhere, I
can't find it.

The rule I am looking for is that an "instrument rating" is required
to operate an N registered aircraft under IFR, and this rule applies
worldwide.


FAR 61.3

"(a) Pilot certificate. A person may not act as pilot in command or
in any other capacity as a required pilot flight crewmember of a civil
aircraft of U.S. registry, unless that person--
(1) Has a valid pilot certificate or special purpose pilot
authorization issued under this part in that person's physical
possession or readily accessible in the aircraft when exercising the
privileges of that pilot certificate or authorization. However, when the
aircraft is operated within a foreign country, a current pilot license
issued by the country in which the aircraft is operated may be used;
....
(e) Instrument rating. No person may act as pilot in command of a
civil aircraft under IFR or in weather conditions less than the minimums
prescribed for VFR flight unless that person holds:
(1) The appropriate aircraft category, class, type (if required),
and instrument rating on that person's pilot certificate for any
airplane, helicopter, or powered-lift being flown;"

There's no territorial limitation mentioned. Whether the US has
extraterritorial jurisdiction over foreign nationals is another issue, but
most states, including the UK, delegate the requirement to the state of
registry, which makes it applicable.

Also, if it is in there, can anyone offer opinions on whether
"instrument rating" means an FAA IR, any ICAO IR, or that this is not
clearly specified.


My belief is that it would be a reasonable interpretation of 61.3(e) that if
the pilot's licence used is a foreign one, the IR may be on that licence.

Julian


 




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