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§ 61.3
§ 61.2
Exercise of Privilege.
(a)
Validity. No person may:
(1) Exercise privileges of a certifi-
cate, rating, endorsement, or author-
ization issued under this part if the
certificate, rating or authorization is
surrendered, suspended, revoked or ex-
pired.
(2) Exercise privileges of a flight in-
structor certificate if that flight in-
structor certificate is surrendered, sus-
pended, revoked or expired.
(3) Exercise privileges of a foreign
pilot certificate to operate an aircraft
of foreign registry under § 61.3(b) if the
certificate is surrendered, suspended,
revoked or expired.
(4) Exercise privileges of a pilot cer-
tificate issued under § 61.75, or an au-
thorization issued under § 61.77, if the
foreign pilot certificate relied upon for
the issuance of the U.S. pilot certifi-
cate or authorization is surrendered,
suspended, revoked or expired.
(5) Exercise privileges of a medical
certificate issued under part 67 to meet
any requirements of part 61 if the med-
ical certificate is surrendered, sus-
pended, revoked or expired according
to the duration standards set forth in
§ 61.23(d).
(6) Use an official government issued
driver’s license to meet any require-
ments of part 61 related to holding that
driver’s license, if the driver’s license
is surrendered, suspended, revoked or
expired.
(b)
Currency. No person may:
(1) Exercise privileges of an airman
certificate, rating, endorsement, or au-
thorization issued under this part un-
less that person meets the appropriate
airman and medical recency require-
ments of this part, specific to the oper-
ation or activity.
(2) Exercise privileges of a foreign
pilot license within the United States
to conduct an operation described in
§ 61.3(b), unless that person meets the
appropriate airman and medical
recency requirements of the country
that issued the license, specific to the
operation.
[Doc. No. FAA–2006–26661, 74 FR 42546, Aug.
21, 2009]
§ 61.3
Requirement for certificates,
ratings, and authorizations.
(a)
Required pilot certificate for oper-
ating a civil aircraft of the United States.
No person may serve as a required pilot
flight crewmember of a civil aircraft of
the United States, unless that person:
(1) Has in the person’s physical pos-
session or readily accessible in the air-
craft when exercising the privileges of
that pilot certificate or authoriza-
tion—
(i) A pilot certificate issued under
this part and in accordance with § 61.19;
(ii) A special purpose pilot authoriza-
tion issued under § 61.77;
(iii) A temporary certificate issued
under § 61.17;
(iv) A document conveying tem-
porary authority to exercise certificate
privileges issued by the Airmen Certifi-
cation Branch under § 61.29(e);
(v) When engaged in a flight oper-
ation within the United States for a
part 119 certificate holder authorized
to conduct operations under part 121 or
135 of this chapter, a temporary docu-
ment provided by that certificate hold-
er under an approved certificate
verification plan;
(vi) When engaged in a flight oper-
ation within the United States for a
fractional ownership program manager
authorized to conduct operations under
part 91, subpart K, of this chapter, a
temporary document provided by that
program manager under an approved
certificate verification plan; or
(vii) When operating an aircraft with-
in a foreign country, a pilot license
issued by that country may be used.
(2) Has a photo identification that is
in that person’s physical possession or
readily accessible in the aircraft when
exercising the privileges of that pilot
certificate or authorization. The photo
identification must be a:
(i) Driver’s license issued by a State,
the District of Columbia, or territory
or possession of the United States;
(ii) Government identification card
issued by the Federal government, a
State, the District of Columbia, or a
territory or possession of the United
States;
(iii) U.S. Armed Forces’ identifica-
tion card;
(iv) Official passport;
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§ 61.3
(v) Credential that authorizes
unescorted access to a security identi-
fication display area at an airport reg-
ulated under 49 CFR part 1542; or
(vi) Other form of identification that
the Administrator finds acceptable.
(b)
Required pilot certificate for oper-
ating a foreign-registered aircraft within
the United States. No person may serve
as a required pilot flight crewmember
of a civil aircraft of foreign registry
within the United States, unless—
(1) That person’s pilot certificate or
document issued under § 61.29(e) is in
that person’s physical possession or
readily accessible in the aircraft when
exercising the privileges of that pilot
certificate; and
(2) Has been issued in accordance
with this part, or has been issued or
validated by the country in which the
aircraft is registered.
(c)
Medical certificate. (1) A person
may serve as a required pilot flight
crewmember of an aircraft only if that
person holds the appropriate medical
certificate issued under part 67 of this
chapter, or other documentation ac-
ceptable to the FAA, that is in that
person’s physical possession or readily
accessible in the aircraft. Paragraph
(c)(2) of this section provides certain
exceptions to the requirement to hold a
medical certificate.
(2) A person is not required to meet
the requirements of paragraph (c)(1) of
this section if that person—
(i) Is exercising the privileges of a
student pilot certificate while seeking
a pilot certificate with a glider cat-
egory rating, a balloon class rating, or
glider or balloon privileges;
(ii) Is exercising the privileges of a
student pilot certificate while seeking
a sport pilot certificate with other
than glider or balloon privileges and
holds a U.S. driver’s license;
(iii) Is exercising the privileges of a
student pilot certificate while seeking
a pilot certificate with a weight-shift-
control aircraft category rating or a
powered parachute category rating and
holds a U.S. driver’s license;
(iv) Is exercising the privileges of a
sport pilot certificate with glider or
balloon privileges;
(v) Is exercising the privileges of a
sport pilot certificate with other than
glider or balloon privileges and holds a
U.S. driver’s license. A person who has
applied for or held a medical certificate
may exercise the privileges of a sport
pilot certificate using a U.S. driver’s li-
cense only if that person—
(A) Has been found eligible for the
issuance of at least a third-class air-
man medical certificate at the time of
his or her most recent application; and
(B) Has not had his or her most re-
cently issued medical certificate sus-
pended or revoked or most recent Au-
thorization for a Special Issuance of a
Medical Certificate withdrawn.
(vi) Is holding a pilot certificate with
a balloon class rating and that per-
son—
(A) Is exercising the privileges of a
private pilot certificate in a balloon; or
(B) Is providing flight training in a
balloon in accordance with
§ 61.133(a)(2)(ii);
(vii) 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 ap-
propriate;
(viii) 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;
(ix) Is exercising the privileges of a
ground instructor certificate;
(x) Is operating an aircraft within a
foreign country using a pilot license
issued by that country and possesses
evidence of current medical qualifica-
tion for that license;
(xi) Is operating an aircraft with a
U.S. pilot certificate, issued on the
basis of a foreign pilot license, issued
under § 61.75, and holds a medical cer-
tificate issued by the foreign country
that issued the foreign pilot license,
which is in that person’s physical pos-
session or readily accessible in the air-
craft when exercising the privileges of
that airman certificate;
(xii) Is a pilot of the U.S. Armed
Forces, has an up-to-date U.S. military
medical examination, and holds mili-
tary pilot flight status;
(xiii) Is exercising the privileges of a
student, recreational or private pilot
certificate for operations conducted
under the conditions and limitations
set forth in § 61.113(i) and holds a U.S.
driver’s license;
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§ 61.3
(xiv) Is exercising the privileges of a
flight instructor certificate and acting
as pilot in command or a required
flightcrew member for operations con-
ducted under the conditions and limi-
tations set forth in § 61.113(i) and holds
a U.S. driver’s license; or
(xv) Is exercising the privileges of a
student pilot certificate or higher
while acting as pilot in command on a
special medical flight test authorized
under part 67 of this chapter.
(d)
Flight instructor certificate. (1) A
person who holds a flight instructor
certificate issued under this part must
have that certificate, or other docu-
mentation acceptable to the Adminis-
trator, in that person’s physical posses-
sion or readily accessible in the air-
craft when exercising the privileges of
that flight instructor certificate.
(2) 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 certifi-
cate may—
(i) Give training required to qualify a
person for solo flight and solo cross-
country flight;
(ii) Endorse an applicant for a—
(A) Pilot certificate or rating issued
under this part;
(B) Flight instructor certificate or
rating issued under this part; or
(C) Ground instructor certificate or
rating issued under this part;
(iii) Endorse a pilot logbook to show
training given; or
(iv) Endorse a logbook for solo oper-
ating privileges.
(3) A flight instructor certificate
issued under this part is not nec-
essary—
(i) Under paragraph (d)(2) of this sec-
tion, 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;
(ii) Under paragraph (d)(2) of this sec-
tion, if the training is given by the
holder of an airline transport pilot cer-
tificate 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 accord-
ance with an approved air carrier
training program approved under part
121 or part 135 of this chapter;
(iii) 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 chap-
ter, provided the training is conducted
in accordance with an approved part
142 training program;
(iv) Under paragraphs (d)(2)(i),
(d)(2)(ii)(C), and (d)(2)(iii) of this sec-
tion, if the training is given by the
holder of a ground instructor certifi-
cate in accordance with the privileges
of the certificate; or
(v) Under paragraph (d)(2)(iii) of this
section, if the training is given by an
authorized flight instructor under
§ 61.41 of this part.
(e)
Instrument rating. No person may
act as pilot in command of a civil air-
craft under IFR or in weather condi-
tions less than the minimums pre-
scribed for VFR flight unless that per-
son holds:
(1) The appropriate aircraft category,
class, type (if required), and instru-
ment rating on that person’s pilot cer-
tificate for any airplane, helicopter, or
powered-lift being flown;
(2) An airline transport pilot certifi-
cate with the appropriate aircraft cat-
egory, class, and type rating (if re-
quired) for the aircraft being flown;
(3) For a glider, a pilot certificate
with a glider category rating and an
airplane instrument rating; or
(4) For an airship, a commercial pilot
certificate with a lighter-than-air cat-
egory rating and airship class rating.
(f)
Category II pilot authorization. Ex-
cept for a pilot conducting Category II
operations under part 121 or part 135, a
person may not:
(1) Act as pilot in command of a civil
aircraft during Category II operations
unless that person—
(i) Holds a Category II pilot author-
ization for that category or class of
aircraft, and the type of aircraft, if ap-
plicable; or
(ii) 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.
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§ 61.3
(2) Act as second in command of a
civil aircraft during Category II oper-
ations unless that person—
(i) Holds a pilot certificate with cat-
egory and class ratings for that air-
craft and an instrument rating for that
category aircraft;
(ii) Holds an airline transport pilot
certificate with category and class rat-
ings for that aircraft; or
(iii) 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 Cat-
egory II operations.
(g)
Category III pilot authorization. Ex-
cept for a pilot conducting Category III
operations under part 121 or part 135, a
person may not:
(1) Act as pilot in command of a civil
aircraft during Category III operations
unless that person—
(i) Holds a Category III pilot author-
ization for that category or class of
aircraft, and the type of aircraft, if ap-
plicable; or
(ii) 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.
(2) Act as second in command of a
civil aircraft during Category III oper-
ations unless that person—
(i) Holds a pilot certificate with cat-
egory and class ratings for that air-
craft and an instrument rating for that
category aircraft;
(ii) Holds an airline transport pilot
certificate with category and class rat-
ings for that aircraft; or
(iii) 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 Cat-
egory III operations.
(h)
Category A aircraft pilot authoriza-
tion. The Administrator may issue a
certificate of authorization for a Cat-
egory II or Category III operation to
the pilot of a small aircraft that is a
Category A aircraft, as identified in
§ 97.3(b)(1) of this chapter if:
(1) The Administrator determines
that the Category II or Category III op-
eration can be performed safely by that
pilot under the terms of the certificate
of authorization; and
(2) The Category II or Category III
operation does not involve the carriage
of persons or property for compensa-
tion or hire.
(i)
Ground instructor certificate. (1)
Each person who holds a ground in-
structor certificate issued under this
part must have that certificate or a
temporary document issued under
§ 61.29(e) in that person’s physical pos-
session or immediately accessible when
exercising the privileges of that certifi-
cate.
(2) 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—
(i) Give ground training required to
qualify a person for solo flight and solo
cross-country flight;
(ii) Endorse an applicant for a knowl-
edge test required for a pilot, flight in-
structor, or ground instructor certifi-
cate or rating issued under this part; or
(iii) Endorse a pilot logbook to show
ground training given.
(3) A ground instructor certificate
issued under this part is not nec-
essary—
(i) Under paragraph (i)(2) of this sec-
tion, 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;
(ii) Under paragraph (i)(2) of this sec-
tion, 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;
(iii) Under paragraph (i)(2) of this
section, if the training is given by the
holder of an airline transport pilot cer-
tificate 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 accord-
ance with an approved air carrier
training program approved under part
121 or part 135 of this chapter;
(iv) Under paragraph (i)(2) of this sec-
tion, if the training is given by a per-
son who is qualified in accordance with
subpart C of part 142 of this chapter,
provided the training is conducted in
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§ 61.4
accordance with an approved part 142
training program; or
(v) Under paragraph (i)(2)(iii) of this
section, if the training is given by an
authorized flight instructor under
§ 61.41 of this part.
(j)
Age limitation for certain operations.
(1)
Age limitation. No person who holds
a pilot certificate issued under this
part may serve as a pilot on a civil air-
plane of U.S. registry in the following
operations if the person has reached his
or her 60th birthday or, in the case of
operations with more than one pilot,
his or her 65th birthday:
(i) Scheduled international air serv-
ices carrying passengers in turbojet-
powered airplanes;
(ii) Scheduled international air serv-
ices carrying passengers in airplanes
having a passenger-seat configuration
of more than nine passenger seats, ex-
cluding each crewmember seat;
(iii) Nonscheduled international air
transportation for compensation or
hire in airplanes having a passenger-
seat configuration of more than 30 pas-
senger seats, excluding each crew-
member seat; or
(iv) Scheduled international air serv-
ices, or nonscheduled international air
transportation for compensation or
hire, in airplanes having a payload ca-
pacity of more than 7,500 pounds.
(2)
Definitions. (i) ‘‘International air
service,’’ as used in this paragraph (j),
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.
(ii) ‘‘International air transpor-
tation,’’ as used in this paragraph (j),
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.
(k)
Special purpose pilot authorization.
Any person that is required to hold a
special purpose pilot authorization,
issued in accordance with § 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 air-
craft when exercising the privileges of
that authorization.
(l)
Inspection of certificate. Each per-
son who holds an airman certificate,
temporary document in accordance
with paragraph (a)(1)(v) or (vi) of this
section, medical certificate, documents
establishing alternative medical quali-
fication under part 68 of this chapter,
authorization, or license required by
this part must present it and their
photo identification as described in
paragraph (a)(2) of this section for in-
spection upon a request from:
(1) The Administrator;
(2) An authorized representative of
the National Transportation Safety
Board;
(3) Any Federal, State, or local law
enforcement officer; or
(4) An authorized representative of
the Transportation Security Adminis-
tration.
[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997;
Amdt. 61–103, 62 FR 40894, July 30, 1997;
Amdt. 61–111, 67 FR 65861, Oct. 28, 2002; Amdt.
61–110, 69 FR 44864, July 27, 2004; Amdt. 61–
123, 74 FR 34234, July 15, 2009; Amdt. 61–124, 74
FR 42546, Aug. 21, 2009; Amdt. 61–124A, 74 FR
53644, Oct. 20, 2009; Amdt. 61–131, 78 FR 56828,
Sept. 16, 2013; Amdt. 61–134, 80 FR 33400, June
12, 2015; Docket FAA–2010–1127, Amdt. 61–135,
81 FR 1306, Jan. 12, 2016; Doc. No. FAA–2016–
9157, Amdt. 61–140, 82 FR 3164, Jan. 11, 2017;
Amdt. 60–6, 83 FR 30276, June 27, 2018; Docket
No. FAA–2021–1040, Amdt. Nos. 61–152, 87 FR
71236, Nov. 22, 2022; Docket No. FAA–2021–
1040; Amdt. No. 61–152, 87 FR 71236, Nov. 22,
2022]
§ 61.4
Qualification and approval of
flight simulators and flight training
devices.
(a) Except as specified in paragraph
(b) or (c) of this section, each flight
simulator and flight training device
used for training, and for which an air-
man is to receive credit to satisfy any
training, testing, or checking require-
ment under this chapter, must be
qualified and approved by the Adminis-
trator for—
(1) The training, testing, and check-
ing for which it is used;
(2) Each particular maneuver, proce-
dure, or crewmember function per-
formed; and
(3) The representation of the specific
category and class of aircraft, type of
aircraft, particular variation within
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