AUTHORITY: Secs. 313(a), 314, 601, 602, Federal Aviation Act of 1958, 49 U.S.C. 1354(a), 1355, 1421, 1422; sec. 6(c), Department of Transportation Act, 49 U.S.C. 1655(2), unless otherwise noted.

SOURCE: Docket No. 11802, Amdt. 61-60, 38 FR 3161, Feb. 1, 1973, unless otherwise noted.

Subpart A-General

§ 61.1 Applicability.

(a) This part prescribes the requirements for issuing pilot and flight instructor certificates and ratings, the conditions under which those certificates and ratings are necessary, and the privileges and limitations of those certificates and ratings.

(b) Except as provided in § 61.71 of this part, an applicant for a certificate or rating may, until November 1, 1974, meet either the requirements of this part, or the requirements in effect immediately before November 1, 1973. However, the applicant for a private pilot certificate with a free balloon class rating must meet the requirements of this part.

[Doc. No. 11802, Amdt. 61-60, 38 FR 3161, Feb. 1, 1973, as amended by Amdt. 61-63, 39 FR 20057, June 6, 1974]

§ 61.2 Certification of foreign pilots and flight instructors.

A person who is neither a United States citizen nor a resident alien is issued a certificate under this part (other than under § 61.75 or § 61.77), outside the United States, only when the Administrator finds that the pilot certificate is needed for the operation of a U.S.-registered civil aircraft or finds that the flight instructor certificate is needed for the training of stuIdents who are citizens of the United States.

(Secs. 313, 601, 602, Federal Aviation Act of 1958, as amended (49 U.S.C. 1354, 1421, and 1422); sec. 6(c), Department of Transportation Act (49 U.S.C. 1655(c)); Title V, Independent Offices Appropriations Act of 1952 (31 U.S.C. 483(a)); sec. 28, International Air Transportation Competition Act of 1979 (49 U.S.C. 1159(b)))

[Amdt. 61-72, 47 FR 35693, Aug. 16, 1982]

§ 61.3 Requirement for certificates, rating, and authorizations.

(a) Pilot certificate. No person may act as pilot in command or in any other capacity as a required pilot flight crewmember of a civil aircraft of United States registry unless he has in his personal possession a current pilot certificate issued to him under this part. 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.

(b) Pilot certificate: foreign aircraft. No person may, within the United States, act as pilot in command or in any other capacity as a required pilot flight crewmember of a civil aircraft of foreign registry unless he has in his personal possession a current pilot certificate issued to him under this part, or a pilot license issued to him or validated for him by the country in which the aircraft is registered.

(c) Medical certificate. Except for free balloon pilots piloting balloons and glider pilots piloting gliders, no person may act as pilot in command or in any other capacity as a required pilot flight crewmember of an aircraft under a certificate issued to him under this part, unless he has in his personal possession an appropriate current medical certificate issued under Part 67 of this chapter. However, when the aircraft is operated within a foreign country with a current pilot license issued by that country, evidence of current medical qualification for that license, issued by that country, may be used. In the case of a pilot certificate issued on the basis of a foreign pilot license under § 61.75, evidence of current medical qualification accepted for the issue of that license is used in place of a medical certificate. (d) Flight instructor Except for lighter-than-air flight instruction in lighter-than-air aircraft, and for instruction in air transportation service given by the holder of an Airline Transport Pilot Certificate under 61.169, no person other than the holder of a flight instructor certificate issued by the Administrator with an appropriate rating on that certificate may

certificate.

(1) Give any of the flight ins required to qualify for a sol solo cross-country flight, or issue of a pilot or flight instru tificate or rating;

(2) Endorse a pilot logbook that he has given any flight tion; or

(3) Endorse a student pilot cate or logbook for solo o privileges.

(e) Instrument rating. No may act as pilot in command aircraft under instrument flig or in weather conditions less minimums prescribed for VF unless

(1) In the case of an airp holds an instrument rating of line transport pilot certificate airplane category rating on it;

(2) In the case of a helico holds a helicopter instrumen or an airline transport pilot ce with a rotorcraft category and ter class rating not limited to

(3) In the case of a glider, an instrument rating (airplan airline transport pilot certific an airplane category rating; or

(4) In the case of an air holds a commercial pilot ce with lighter-than-air category ship class ratings.

(f) Category II pilot autho (1) No person may act as pilot mand of a civil aircraft in a II operation unless he holds a Category II pilot authoriza that type aircraft or, in the c civil aircraft of foreign regist authorized by the country of to act as pilot in command of craft in Category II operations

(2) No person may act as se command of a civil aircraft in gory II operation unless he current appropriate instrumen or an airline transport pilot ce (airplane) or, in the case of a craft of foreign registry, he is ized by the country of registr as second in command of that in Category II operations.

This paragraph does not appl erations conducted by the hol certificate issued under Part this chapter.