Legal Interpretations
McMahon-AeroTech 2011
Summary
The Question
May a pilot complete the 14 CFR 141.79(d)(1) briefing and proficiency check before becoming a flight instructor and being employed by a pilot school?
Background
Aero-Tech, Inc., a Part 141 pilot school that often hires skilled graduates of its initial flight instructor course, asked about the timing of 14 CFR 141.79 training and whether its end-of-course progress check could serve as the proficiency check.
The FAA’s Interpretation
Yes. Qualifications under 14 CFR part 141 apply when the instructor begins instructing, so the briefing and proficiency check may precede employment and the flight instructor practical test, though a recurrent check is due every 12 months. An end-of-course progress check does not automatically count: the school must show it fully covers the proficiency check and is given by an employee authorized for both, and it covers only the make and model checked.
- Requester
- McMahon
- Organization
- AeroTech
- Issued
- January 18, 2011
- Subject
- Training Schools & Centers
Regulations Cited
- 14 CFR Part 14
- 14 CFR 141.33
- 14 CFR 141.79
- 14 CFR 141.85
Page 1
U.S. Deportment
of Transportation
Federal Aviation
Administration
JAN 1 8 2011
Arlynn McMahon
Aero-Tech, Inc.
4330 Hangar Drive
Lexington, KY 40510
Dear Ms ..McMahon:
Office of the Chief Counsel 800 Independence Ave., S.W. ·
Washington, D.C. 20591
This letter responds to the request for a legal interpretation that you mailed to this office on September 12, 2010. Specifically, you have asked several questions pertaining to the "training" required by 14 C.F.R. § 141.79.
Under part 141, each flight instructor used for flight training must hold a flight instructor certificate with ratings for the approved course of training and any aircraft used in that course. 14 C.F.R. § 141.33(a)(3). In addition,§ 141.79(d)(l) requires that, prior to receiving authorization to train students in a flight training course under part 141, each certificated flight instructor must: "(i) accomplish a review of and receive a briefing on the objectives and standards of that training course; and (ii) accomplish an initial proficiency check in each make and model of aircraft used in that training course in which that person provides training." Instructors must receive a recurrent proficiency check in one of the aircraft in which they will be instructing every 12 calendar months. 14 C.F.R. § 141.79(d)(2). You have asked whether an individual must hold a flight instructor certificate and be employed by a pilot school before satisfying the requirements of§ 141.79(d)(1). Part 141
requires a pilot to be fully qualified prior to providing flight training under an approved course of training. It is our position that the qualifications and requirements to provide instruction under part 141 are relevant at the point the instructor begins to provide instruction. As such, a pilot may receive the briefing and the proficiency check required by § 141.79 prior to the pilot's employment and successful completion of the flight instructor practical test. It is noted that a flight instructor must accomplish a recurrent proficiency check every 12 months and, therefore, cannot rely on an outdated proficiency check in order to provide instruction under part 141. · You have also asked whether successful completion of the final progress check for your . school's initial flight instructor course satisfies the requirements for the initial proficiency check in § 141.79(d)(1)(ii). You explain in your letter that you frequently hire your most skilled students as flight instructors upon successful completion of this course. You have indicated that you would like to use the end-of-course progress check to satisfy the requirements of the § 141.79(d) proficiency check. Successful completion of an end-of-
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course progress check does not automatically satisfy the requirements ofthe pilot proficiency check. The part 141 pilot school must demonstrate that the scope of the items in the final progress check fully encompasses the requirem~nts for a pilot proficiency check. Additionally, the progress check would need to be administered by an employee of the school who is authorized to conduct both the final progress check and the instructor proficiency check. See§§ 141.79(d), 141.85(c). We further note that§ 141.79(d)(l)(ii) requires that an instructor complete an initial proficiency check in all of the aircraft in which he or she will provide instruction. If the pilot completes an end-of-course progress check that satisfies the proficiency check required by§ 141.79, then that pilot would be limited to providing instruction in the make and model of aircraft in which proficiency check was completed unless the pilot school administers additional proficiency checks to the instructor in other aircraft.
This response was prepared by Anne Moore, an Attorney in the Regulations Division of the Office of the Chief Counsel, and coordinated with the Certification and General Aviation Operations Branch of Flight Standards Service. We hope this response has been helpful to you. If you have additional questions regarding this matter, please contact us at your convenience at (202) 267-3073.
Sincerel,.k .. .
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Assistant Chief Counsel Regulations Division, AGC-200 ...._ ..
Regulations Referenced
Snapshot retrieved August 6, 2026.