Does a 61.75 FAA PPL need a BFR

Hi Jim

I am not an instructor but have been flying N reg airplanes in Europe (France) with a 61.75 based on a Norwegian issued EASA license. I have added the IR to my FAA certificate.

For international operations (N reg outside the US) the pilot exercising the privileges of his 61.75 is required to have the FCC license.

The pilot who wants to exercise the privileges of a US certificate needs to comply with US Part 61 and that , regardless of whether it was issued according to 61.75, includes meeting the BFR requirement.

If you are excercising the privileges of a 61.75, you do not need a US medical if you have a medical which is valid for the license on the basis of which the 61.75 was issued.

A pilot not holding a US certificate, may act as PIC on a N reg airplane within the boundaries of the country that delivered his ICAO license provided he appropriately rated for the airplane.

It’s all in 14 CFR 61.

And Jim, there are loads of FAA instructors around for your BFR.

Bordeaux_Jim wrote:

1. Is the BFR necessary?

As said above, the BFR is absolutely necessary if you are exercising the privileges of the 61.75. Without it you are not legal.

From the FAA Chief Counsel in response to a question I posed:

This is in response to your email message of January 5,2013, asking whether a pilot who
has a private pilot certificate issued on the basis of a foreign pilot license in accordance with
§ 61.75 is required to comply with the § 61.56 requirement for a flight review. Additionally,
you ask if the § 61.56 review must be accomplished prior to acting as pilot in command of a
U.S.-registered aircraft.
Section 61.56 states in pertinent part:
(c) Except as provided in paragraphs (d), (e), and (g) of this section, no person may
act as pilot in command of an aircraft unless, since the beginning of the 24th
calendar month before the month in which that pilot acts as pilot in command, that
person has—
(1) Accomplished a flight review given in an aircraft for which that pilot is rated by
an authorized instructor and
(2) A logbook endorsed from an authorized instructor who gave the review certifying
that the person has satisfactorily completed the review.
14 C.F.R. 6l.56( c). A holder of a U.S. private pilot certificate that is based on a foreign
pilot license as contemplated by § 61.75 would also have to meet the requirements of §
61.56(c). In other words, a person exercising the privileges of a U.S. private pilot certificate
that is based on a foreign pilot certificate and satisfies § 61.75 is required to comply with §
61.56(c) before acting as pilot-in-command of a U.S.-registered aircraft. A person is only
excepted from the § 61.56(c) requirements if the person has (1) within the period specified
in paragraph (c) of § 61.56, passed a pilot proficiency check conducted by an examiner, an
approved pilot check airman, or a U.S. Armed Force, for a pilot certificate, rating, or
operating privilege; (2) within the period specified in paragraph (c) of § 61.56, satisfactorily
accomplished one or more phases of an FAA-sponsored pilot proficiency award program; or
(3) if the person is a student pilot undergoing training for a certificate and has a current solo
flight endorsement as required under § 61.87. See 14 C.F.R. § 61.56 (d), (e), (g).
In your letter, you cite the language in § 61.75(b) indicating that the holder of a foreign
license issued by a contracting state to the Convention on International Civil Aviation may
be issued a U.S. private pilot certificate based on the foreign pilot license without any
further showing of proficiency. This language should not be viewed as extending beyond
issuance of a certificate to other regulatory requirements such as flight reviews under §
61.56 or recent experience requirements under § 61.57. Section 61.75 speaks only to
demonstrating proficiency for the purpose of obtaining a U.S. certificate, not requirements
for serving as pilot in command of an aircraft once a U.S. certificate has been issued.

@Stephen_Paris, any operation of N reg outside the US constitutes an international operation as I understand it. You are only allowed to act as PIC on an N reg aircraft excercising the privileges of a foreign license within the boundaries of the issuing country.

I cannot act as PIC on an N-reg in France exercising the privileges of my Norwegian-issued EASA license.

Could you please provide the reference for your claim?

No need. FAR 61.3 (a) (v) is clear enough.

boscomantico wrote:

No need. FAR 61.3 (a) (v) is clear enough.

Exactly:

(v) When operating an aircraft within a foreign country, a pilot license issued by that country may be used.

The FAA Chief Counsel references for 61.3 are here

So you cross-checked with other forums just to make sure people here aren’t talking sh*it… good to know it isn’t the case.

Jim, I think you mean that the pilot was grounded.

I’d like to know of any law allowing an authority to seize or ground an aircraft based on a pilot licence infraction. I don’t think the FAA could do so. Any other properly licensed pilot can fly the plane away.

Clearly any aircraft operation infractions, such as related to maintenance, customs, etc could be grounds for seizing an aircraft, by any authority. Certificate action against an aircraft though (i.e. “grounding”) can only be taken by the corresponding registration authority, FAA for N-reg.

At least, that’s my understanding of how the international law works on this.