Legal Interpretations
Shipley 2015
Summary
The Question
Can serving as a flight instructor and check pilot for Commemorative Air Force 14 CFR part 91 operations qualify for flight instructor renewal under 14 CFR 61.197(a)(2)(ii)?
Background
A flight instructor who serves as a flight instructor and check pilot supporting Commemorative Air Force operations under 14 CFR part 91 asked whether that role is a position involving the regular evaluation of pilots for renewing a flight instructor certificate.
The FAA’s Interpretation
It depends, but 14 CFR part 91 positions are not excluded. The FAA intended "a position involving the regular evaluation of pilots" in 14 CFR 61.197(a)(2)(ii) to cover a variety of activities. Whether this role qualifies is decided by an Aviation Safety Inspector reviewing a record of the activity; FAA Order 8900.1 covers the process. Because the request involved policy questions, it was forwarded to Flight Standards.
- Requester
- Shipley
- Issued
- May 6, 2015
- Subjects
- Pilot Certification & Privileges · General Operating & Flight Rules · Air Carrier & Commercial Operations
Regulations Cited
Page 1
U.S. Department
of TronsportaNon
Federal Aviation
Administration
Schuyler R. Shipley
Office of the Chief Counsel
MAY -:.6 2015
800 Independence Ave., S.W.
Washington, o.c. 20591
Re: Renewal of Flight Instructor Certificate under 14 C.F.R. § 61.197(a)(2)(ii)
Dear Mr. Shipley:
This letter responds to your request for a legal interpretation dated November 24, 2014. You have asked whether your role as a flight instructor and check pilot in support of operations conducted by the Commemorative Air Force (CAF) under part 91 constitutes a position involving the regular evaluation of pilots for the purpose of renewing your flight instrnctor certificate.
Under§ 61.197(a)(2)(ii), a person who holds a flight instructor certificate that has not expired may renew that certificate by presenting a "record showing that, within the preceding 24 calendar months, the flight instrnctor has served as a company check pilot, chief flight instructor, company check ainnan, or flight instructor in a part 121 or part 135 operation, or in a position involving the regular evaluation of pilots.,, The FAA intended the phrase "a position involving the regular evaluati?n of pilots" to encompass a variety of activities within Title 14 of the Code of Federal Regulations.
Section 61.197(a)(2)(ii) does not exclude positions related to patt 91 operations as a basis for rene~al of a flight instmctor certificate.
To determine whether you qualify for renewal based on your position with the CAF, you should present a record of your activity to an Aviation Safety Inspector who will make a detennination based on that information. FAA Order 8900. l contains additional information regarding the standards and process for renewal. FAA Order 8900 .1, Vol. 5, Chpt 2, Sec. 11, 5-504. Because your request involves questions of policy, we have forwarded your letter to the General Aviation and Commercial Division of the Flight Standards Service. If you have any additional questions, please contact the Aitman Certification Branch at (202) 267- 1100.
Regulations Referenced
Snapshot retrieved August 6, 2026.