Legal Interpretations
Mason-KugelAirFlight 2012
Summary
The Question
May an FAA designated pilot examiner give a 14 CFR 135.293 competency check without meeting the check airman qualifications?
Background
Kugel Air Flight Service asked what qualifications a check pilot needs under 14 CFR 135.293 and whether an FAA designated examiner for original issuance of certificates may give a part 135 competency check.
The FAA’s Interpretation
No. A 14 CFR 135.293(b) competency check must be given by the Administrator or an authorized check pilot, whose qualifications are in 14 CFR 135.337. Designated examiners' authority under 14 CFR 61.1(b)(4) and 14 CFR 183.23 extends only to part 61 tests, and a competency check is not a part 61 test, so an examiner must also meet 14 CFR 135.337 to serve as check airman.
- Requester
- Mason
- Organization
- KugelAirFlight
- Issued
- April 23, 2012
- Subjects
- Pilot Certification & Privileges · Air Carrier & Commercial Operations · Definitions · Rulemaking & Enforcement
Regulations Cited
- 14 CFR Part 1
- 14 CFR Part 5
- 14 CFR 13.293
- 14 CFR 61.47
- 14 CFR 61.155
- 14 CFR 135.293
- 14 CFR 135.337
- 14 CFR 183.23
Page 1
U.S. Department
of Transportation
Federal Aviation
Administration
AP!"' 2 3 2012'
Mr. Ron Mason
Kugel Air Flight Service
1365 Cottonwood Drive
Sierra Vista, AZ 85635
Dear Mr. Mason:
This letter is in response to your December 22, 2011 request for legal interpretation of the term "check pilot" as found in 14 C.F.R. § 135.293. You specifically asked about the qualifications for a check airman and whether an "FAA designated examiner for original issuance of certificates" can give a part 135 competency check.
Section 135.293(b) requires that a pilot pass a competency check prior to serving as a pilot in part 135 operations. The competency check must be "given by the Administrator or an authorized check pilot." See§ 135.293(b). The qualifications for serving as a check airman are found in§ 135.337. Section 135.337(a) defines check airmen and§§ 135.337(b) and (c) establish the criteria that must be met to serve as a check airman. Therefore to serve as a check airman a person must satisfy the criteria articulated in that section. You also asked whether a "designated examiner for original issuance of certificates" can give a § 135.293 competency check. The examiners you refer to are authorized by the Administrator to conduct pilot proficiency tests or practical tests for an airman certificate or rating issued under part 61 or to conduct a part 61 knowledge test. See§ 61.l(b)(4); § 183.23. The authority of these examiners extends only to tests related to certificates and ratings under part 61. See id; § 61.47(a).
Therefore, without also meeting the check airman qualifications of§ 135.337, the examiner could not serve as a check airman during§ 135.293 competency checks. This is because § 135.293 competency checks are conducted to ascertain whether a pilot can safely conduct . part 13 5 operations and are not a proficiency or practical test for an airman certificate or rating issued under part 61. 1
1 We note that a§ 135.293(b) competency check may be used, in part, to satisfy the Airline Transport Pilot certificate flight proficiency requirements. See§ 61.155(f)(ii).
Page 2
This response was prepared by Dean E. Griffith, Attorney in the Regulations Division of the Office of the Chief Counsel. It was coordinated with the Air Transportation Division, the General Aviation and Commercial Division, and the Regulatory Support Division of Flight Standards Service. Copies of the referenced regulations are enclosed. Please contact us at (202) 267-3073 if we can be of additional assistance.
Sincerely,
~~Rebecca B. MacPherson
Assistant Chief Counsel for Regulations
Enclosures
Regulations Referenced
Snapshot retrieved August 6, 2026.