FAR 61.3 - Requirement for certificates, ratings, and authorizations.
- Pilot certificate. A person may not act as pilot flight crewmember in
command or in any other capacity as a required pilot of a civil aircraft of
U.S. registry, unless that person 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.
- Required pilot flight crewmember certificate for operating a
foreign-registered aircraft. A person may not act as pilot in command or in
any other capacity as a required pilot of a civil aircraft of foreign
registry within the United States, unless that person's pilot certificate:
- Is valid and in that person's physical possession, or readily
accessible in the aircraft when exercising the privileges of that pilot
certificate; and
- Has been issued under this part, or has been issued or validated by the
country in which the aircraft is registered.
- Medical certificate.
- Except as provided for in paragraph (c)(2) of
this section, a person may not act as pilot in command or in any other
capacity as a required pilot flight crewmember of an aircraft, under a
certificate issued to that person under this part, unless that person has a
current and appropriate medical certificate that has been issued under part
67 of this chapter, or other documentation acceptable to the Administrator,
which is in that person's physical possession or readily accessible in the
aircraft.
- A person is not required to meet the requirements of paragraph (c)(1)
of this section if that person--
- Is exercising the privileges of a student pilot certificate while
seeking a pilot certificate with a glider category rating or balloon class
rating;
- Is holding a pilot certificate with a balloon class rating and is
piloting or providing training in a balloon as appropriate;
- Is holding a pilot certificate or a flight instructor certificate
with a glider category rating, and is piloting or providing training in a
glider, as appropriate;
- Except as provided in paragraph (c)(2)(iii) of this section, is
exercising the privileges of a flight instructor certificate, provided the
person is not acting as pilot in command or as a required pilot flight
crewmember;
- Is exercising the privileges of a ground instructor certificate;
- Is operating an aircraft within a foreign country using a pilot
license issued by that country and possesses evidence of current medical
qualification for that license; or
- Is operating an aircraft with a U.S. pilot certificate, issued on the
basis of a foreign pilot license, issued under Sec. 61.75 of this part, and
holds a current medical certificate issued by the foreign country that issued
the foreign pilot license, which is in that person's physical possession or
readily accessible in the aircraft when exercising the privileges of that
airman certificate.
- Flight instructor certificate.
- A person who holds a flight
instructor certificate issued under this part must have that certificate, or
other documentation acceptable to the Administrator, in that person's
physical possession or readily accessible in the aircraft when exercising the
privileges of that flight instructor certificate.
- Except as provided in paragraph (d)(3) of this section, no person other
than the holder of a flight instructor certificate issued under this part
with the appropriate rating on that certificate may--
- Give training required to qualify a person for solo flight and solo
cross-country flight;
- Endorse an applicant for a--
- Pilot certificate or rating issued under this part;
- Flight instructor certificate or rating issued under this part; or
- Ground instructor certificate or rating issued under this part;
- Endorse a pilot logbook to show training given; or
- Endorse a student pilot certificate and logbook for solo operating
privileges.
- A flight instructor certificate issued under this part is not
necessary--
- Under paragraph (d)(2) of this section, if the training is given by the
holder of a commercial pilot certificate with a lighter-than-air rating,
provided the training is given in accordance with the privileges of the
certificate in a lighter-than-air aircraft;
- Under paragraph (d)(2) of this section, if the training is given by
the holder of an airline transport pilot certificate with a rating
appropriate to the aircraft in which the training is given, provided the
training is given in accordance with the privileges of the certificate and
conducted in accordance with an approved air carrier training program
approved under part 121 or part 135 of this chapter;
- Under paragraph (d)(2) of this section, if the training is given by a
person who is qualified in accordance with subpart C of part 142 of this
chapter, provided the training is conducted in accordance with an approved
part 142 training program;
- Under paragraphs (d)(2)(i), (d)(2)(ii)(C), and (d)(2)(iii) of this
section, if the training is given by the holder of a ground instructor
certificate in accordance with the privileges of the certificate; or
- Under paragraph (d)(2)(iii) of this section, if the training is given
by an authorized flight instructor under Sec. 61.41 of this part.
- 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:
- 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;
- An airline transport pilot certificate with the appropriate aircraft
category, class, and type rating (if required) for the aircraft being flown;
- For a glider, a pilot certificate with a glider category rating and an
airplane instrument rating; or
- For an airship, a commercial pilot certificate with a lighter-than-air
category rating and airship class rating.
- Category II pilot authorization. Except for a pilot conducting Category
II operations under part 121 or part 135, a person may not:
- Act as pilot in command of a civil aircraft during Category II
operations unless that person--
- Holds a current Category II pilot authorization for that category or
class of aircraft, and the type of aircraft, if applicable; or
- In the case of a civil aircraft of foreign registry, is authorized by
the country of registry to act as pilot in command of that aircraft in
Category II operations.
- Act as second in command of a civil aircraft during Category II
operations unless that person--
- Holds a valid pilot certificate with category and class ratings for
that aircraft and a current instrument rating for that category aircraft;
- Holds an airline transport pilot certificate with category and class
ratings for that aircraft; or
- In the case of a civil aircraft of foreign registry, is authorized by
the country of registry to act as second in command of that aircraft during
Category II operations.
- Category III pilot authorization. Except for a pilot conducting
Category III operations under part 121 or part 135, a person may not:
- Act as pilot in command of a civil aircraft during Category III
operations unless that person--
- Holds a current Category III pilot authorization for that category or
class of aircraft, and the type of aircraft, if applicable; or
- In the case of a civil aircraft of foreign registry, is authorized by
the country of registry to act as pilot in command of that aircraft in
Category III operations.
- Act as second in command of a civil aircraft during Category III
operations unless that person--
- Holds a valid pilot certificate with category and class ratings for
that aircraft and a current instrument rating for that category aircraft;
- Holds an airline transport pilot certificate with category and class
ratings for that aircraft; or
- In the case of a civil aircraft of foreign registry, is authorized by
the country of registry to act as second in command of that aircraft during
Category III operations.
- Category A aircraft pilot authorization. The Administrator may issue a
certificate of authorization for a Category II or Category III operation to
the pilot of a small aircraft that is a Category A aircraft, as identified in
Sec. 97.3(b)(1) of this chapter if:
- The Administrator determines that the Category II or Category III
operation can be performed safely by that pilot under the terms of the
certificate of authorization; and
- The Category II or Category III operation does not involve the carriage
of persons or property for compensation or hire.
- Ground instructor certificate.
- Each person who holds a ground
instructor certificate issued under this part or part 143 must have that
certificate in that person's physical possession or immediately accessible
when exercising the privileges of that certificate.
- Except as provided in paragraph (i)(3) of this section, no person other
than the holder of a ground instructor certificate, issued under this part or
part 143, with the appropriate rating on that certificate may--
- Give ground training required to qualify a person for solo flight and
solo cross-country flight;
- Endorse an applicant for a knowledge test required for a pilot, flight
instructor, or ground instructor certificate or rating issued under this
part; or
- Endorse a pilot logbook to show ground training given.
- A ground instructor certificate issued under this part is not
necessary--
- Under paragraph (i)(2) of this section, if the training is given by the
holder of a flight instructor certificate issued under this part in
accordance with the privileges of that certificate;
- Under paragraph (i)(2) of this section, if the training is given by
the holder of a commercial pilot certificate with a lighter-than-air rating,
provided the training is given in accordance with the privileges of the
certificate in a lighter-than-air aircraft;
- Under paragraph (i)(2) of this section, if the training is given by
the holder of an airline transport pilot certificate with a rating
appropriate to the aircraft in which the training is given, provided the
training is given in accordance with the privileges of the certificate and
conducted in accordance with an approved air carrier training program
approved under part 121 or part 135 of this chapter;
- Under paragraph (i)(2) of this section, if the training is given by a
person who is qualified in accordance with subpart C of part 142 of this
chapter, provided the training is conducted in accordance with an approved
part 142 training program; or
- Under paragraph (i)(2)(iii) of this section, if the training is given
by an authorized flight instructor under Sec. 61.41 of this part.
- Age limitation for certain operations.
- Age limitation. Except as provided in paragraph (j)(3) of this section,
no person who holds a pilot certificate issued under this part shall serve as
a pilot on a civil airplane of U.S. registry in the following operations if
the person has reached his or her 60th birthday--
- Scheduled international air services carrying passengers in turbojet-
powered airplanes;
- Scheduled international air services carrying passengers in airplanes
having a passenger-seat configuration of more than nine passenger seats,
excluding each crewmember seat;
- Nonscheduled international air transportation for compensation or
hire in airplanes having a passenger-seat configuration of more than 30
passenger seats, excluding each crewmember seat; or
- Scheduled international air services, or nonscheduled international
air transportation for compensation or hire, in airplanes having a payload
capacity of more than 7,500 pounds.
- Definitions.
- "International air service," as used in paragraph (j)
of this section, means scheduled air service performed in airplanes for the
public transport of passengers, mail, or cargo, in which the service passes
through the airspace over the territory of more than one country.
- "International air transportation," as used in paragraph (j) of this
section, means air transportation performed in airplanes for the public
transport of passengers, mail, or cargo, in which the service passes through
the airspace over the territory of more than one country.
- Delayed pilot age limitation. Until December 20, 1999, a person may
serve as a pilot in operations covered by this paragraph after that person
has reached his or her 60th birthday if, on March 20, 1997, that person was
employed as a pilot in operations covered by this paragraph.
- Special purpose pilot authorization. Any person that is required to
hold a special purpose pilot authorization, issued in accordance with Sec.
61.77 of this part, must have that authorization and the person's foreign
pilot license in that person's physical possession or have it readily
accessible in the aircraft when exercising the privileges of that
authorization.
- Inspection of certificate. Each person who holds an airman certificate,
medical certificate, authorization, or license required by this part must
present it for inspection upon a request from:
- The Administrator;
- An authorized representative of the National Transportation Safety
Board; or
- Any Federal, State, or local law enforcement officer.
[Amdt. 61-102, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40894, July
30, 1997]
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