Legal Interpretations
Fiust Legal Interpretation Clarification
Summary
The Question
Can military pilots credit powered-lift time, such as AV-8B Harrier PIC time, toward the airplane flight time required for an ATP certificate under 14 CFR 61.159?
Background
The Office of the Chief Counsel issued a memorandum to Flight Standards clarifying the January 11, 2016 Fiust interpretation, which concluded that AV-8B Harrier PIC time cannot be credited toward the aeronautical experience for an ATP certificate with an airplane category rating.
The FAA’s Interpretation
Yes, under a later exception for military pilots. The FAA clarified, but did not withdraw, the Fiust interpretation, which remains accurate as a general rule. A 2022 final rule (87 FR 57578) created 14 CFR 61.159(a)(5)(ii), letting military pilots credit 250 hours of powered-lift flight time, when operated in horizontal flight, toward the flight time requirement. Absent a specific exception, powered-lift time still cannot count toward the airplane requirement in 14 CFR 61.159(a).
- Requester
- Fiust
- Issued
- September 30, 2024
- Subjects
- Pilot Certification & Privileges · Definitions
- Clarifies
- Fiust (Jan. 11, 2016)
Regulations Cited
Page 1
Office of the Chief Counsel 800 Independence Ave., S.W.
Washington, D.C. 20591
Memorandum
Date: September 30, 2024
To: Lawrence Fields, Executive Director, Flight Standards Service, AFX-1
From: Laura Megan-Posch, Assistant Chief Counsel for Regulations, AGC-200
Cc: Lynsey Scott, Acting Supervisory Attorney, AGC-240
Subject: Clarifying the Fiust Legal Interpretation (January 11, 2016)
This memorandum clarifies the Fiust Legal Interpretation (January 11, 2016). The Office of the Chief Counsel has determined this legal interpretation requires clarification inasmuch as subsequent rulemaking creates an exception to the regulation at issue in the legal interpretation. Specifically, the Fiust Legal Interpretation broadly concludes that a pilot cannot credit pilot-incommand (PIC) time in an AV-8B Harrier towards the aeronautical experience requirement for an airline transport pilot (ATP) certificate with an airplane category rating. See 14 CFR § 61.159. However, the legal interpretation does not account for subsequent regulatory amendments that allow a military pilot to credit flight time in powered-lift (e.g., AV-8B Harrier) towards the aeronautical experience requirement to obtain an airplane category rating for an ATP certificate. While the legal interpretation remains accurate, we note that this legal interpretation may be misleading if applied more broadly to excepted activities.
The AV-8B Harrier is a military aircraft with vertical takeoff and landing capabilities, classified as a powered-lift even though it is mostly flown in horizonal flight like an airplane. The legal interpretation correctly notes that the regulations do not generally permit the crediting of PIC time in a powered-lift towards the aeronautical experience to obtain an airplane category rating for an ATP certificate. However, the FAA subsequently issued a final rule creating § 61.159(a)(5)(ii), which established an exception allowing military pilots to credit 250 hours of flight time in a powered-lift, when operated in horizontal flight, towards the flight time requirement. Recognition of Pilot in Command Experience in the Military and Air Carrier Operations, 87 FR 57578 (Sept. 21, 2022).1 This rulemaking should be taken into consideration when applying the Fiust Legal Interpretation to a flight time credit situation involving military pilots of powered-lift. If you require further assistance, please contact my staff.
1 This memorandum should not be construed to cast doubt on the general rule that flight time in a powered-lift cannot be credited to the airplane flight time requirement in § 61.159(a) absent a specific exception.
LAURA
JANE
MEGAN
-POSCH
Digitally signed
by LAURA JANE
MEGAN-POSCH
Date:
2024.09.30
13:28:33 -04'00'
Regulations Referenced
Snapshot retrieved August 6, 2026.