Inconsistency Removal
The rule harmonizes the qualification standards for check pilots and flight instructors in domestic, flag, supplemental, commuter, and on-demand operations.Medical Certificate Requirements
Check pilots, check flight engineers, and flight instructors are no longer required to hold a medical certificate if they are not serving as required flight crew members. This change allows these personnel to perform their duties in aircraft without the need for a medical certificate, provided they are not part of the essential flight crew.Pilot Utilization
By removing the medical certificate requirement, pilots who are otherwise qualified can now function as check pilots, check flight engineers, and flight instructors without unnecessary restrictions Overall, the rule aims to streamline regulations, ensuring that qualified pilots can continue their instructional and evaluative roles without the added burden of obtaining a medical certificate, as long as they are not required flight crew members. In summary, these changes clarify that a person serving as a check pilot, check FE, or flight instructor under parts 121 or 135 would not be required to hold a medical certificate unless serving as a required flight crew member.Flight Crew Examples That Require a Medical Certificate
The person would be required to hold a medical certificate in accordance with the privileges of the certificate they were exercising.Example 1:
A person is a required flight crew member where the operating rule requires the person to be a flight crew member. If a check pilot is performing a check but also serving as a safety pilot under § 91.109, that check pilot would be considered a required flight crew member (due to the operating rule). Because under § 91.109(c)(1), the safety pilot/check pilot would be exercising the privileges of at least a private pilot certificate, the person must hold the requisite medical certificate: at least a third-class medical certificate.Example 2:
A person is a required flight crew member the aircraft’s type certificate requires the person to be a flight crew member. If the check pilot is conducting a check under part 135 in an aircraft that requires two pilots via type certificate and the check pilot is the second pilot, the check pilot would be serving as a required flight crew member under that part (due to type certificate). That check pilot would be serving as second in command, requiring at least a commercial pilot certificate and an instrument rating pursuant to § 135.4. Because the check pilot would be exercising the privileges of a commercial pilot certificate and instrument rating, that check pilot must hold at least a second-class medical certificate. The same principle applies to part 121 operations, as well as flight instructors who would be considered required flight crew members. If you have questions about this new rule change, please contact Barnett Law Offices LLC for a consultation with an aviation attorney.FAA Removal of Check Pilot Medical Certificate Requirement: FAQ
Under the FAA’s new rule, effective July 18, 2024, flight instructors are no longer required to hold a third-class medical certificate unless they are serving as a required flight crew member. This change aims to eliminate unnecessary burden for flight instructors performing in their instructional roles. If a flight instructor is not acting as part of the essential flight crew, they do not need to maintain a current third-class medical certificate. However, if they are required to be in the cockpit as part of the flight crew, they must still hold the appropriate medical certificate.
The removal of the medical certificate requirement also applies to check pilots. They are no longer required to hold a FAA medical certificate if they are not serving as a required flight crew member. This rule helps address conflicting medical certificate requirements and regulatory inconsistencies, allowing check pilots to focus on their roles in evaluating and training without the added burden of a medical certification when it’s not necessary for their duties.
Similar to check pilots and flight instructors, check flight engineers are not required to hold a medical certificate when they are not serving as a required flight crew member. This adjustment aligns with the FAA’s goal to streamline medical certification standards and remove unnecessary obstacles for individuals performing their duties under parts 121 and 135.
For pilots and flight engineers actively engaged in flight duties or serving as a required flight crew member, the medical certificate requirement remains unchanged. They must hold the appropriate medical certificate—whether it’s a third-class or higher—depending on their role and the requirements of the operation. This ensures that safety standards are maintained while reducing the regulatory confusion for those not actively part of the flight crew.
The final rule harmonizes the medical certificate requirements across various types of operations, including domestic, flag, supplemental, commuter, and on-demand operations. By clarifying that a third-class medical certificate is only necessary for required flight crew members, the FAA reduces confusion and simplifies compliance for pilots, flight instructors, and check flight engineers.
The rule does not alter the medical certification standards for pilots and flight engineers involved in commercial or supplemental operations. They must continue to meet the existing medical certificate requirements if their duties involve serving as a required flight crew member. The rule’s focus is on eliminating unnecessary medical certificate requirements for those not engaged in essential flight duties.
The new rule removes the need for a third-class medical certificate for flight instructors, check pilots, and check flight engineers when they are not serving as required flightcrew members. This means that if these individuals are not performing flight duties or acting as part of the essential flight crew, they do not need to hold a third-class medical certificate, thereby reducing unnecessary regulatory burdens. However, if they are required to be in the cockpit as part of the flight crew, they must still meet the existing medical certificate standards.
For any uncertainties regarding medical certificate requirements or how the new rule affects their specific situation, pilots and flight instructors are encouraged to consult with an aviation lawyer or their local FAA office. The aviation attorneys at Barnett Law Offices LLC can provide guidance and clarification on how the new rule impacts their roles and help navigate related regulatory issues.
