31 MONTHS
That’s how long it took for a Letter of Interpretation to be posted after an inquiry was made about section 61.129(c)(3)(i) of the regulations. Specifically, the requester of the interpretation asked whether the five hours of instrument training required for a commercial pilot certificate with a rotorcraft category and helicopter class rating could be accomplished outside of a helicopter – specifically in an aircraft, flight simulator, flight training device, or aviation training device that does not replicate a helicopter.
The request for legal interpretation was initiated because the language used in 61.129(c)(3)(i) says, in part:
“...a person applying for a commercial pilot certificate with a rotorcraft category and helicopter class rating to, in part, obtain at least five hours of training on the control and maneuvering of a helicopter solely by reference to instruments using a view- limiting device including attitude instrument flying, partial panel skills, recovery from unusual flight attitudes, and intercepting and tracking navigational systems.”
For most, this section is nearly crystal clear. However, it is the second statement in this section that has caused a lot of consternation. It reads, “This training may be performed in an aircraft, full flight simulator, flight training device, or an aviation training device.” That “aircraft” word created a substantial amount of questions, confusion, and candidly some anger.
That led to the first legal interpretation, the infamous “Theriault Interpretation.” In July of 2011, the FAA Office of Chief Counsel sent a Legal Interpretation to an individual (Theriault) that stated:
“Yes, the five hours of aeronautical experience for meeting instrument requirements for a commercial pilot certificate may be accomplished outside of a helicopter, in an aircraft, flight simulator, flight training device, or an aviation training device.”
This resulted in many commercial helicopter applicants obtaining their “five hours of instrument time” in an airplane in order to meet the 61.129 requirements, and this was very unfortunate. That wasn’t the intent of the regulation when it was published in 2009. My predecessor to my regular “Checkride” column (Page 80) was the chairperson of the Training Working Group committee that provided input for that regulatory change. The intent was certainly not for individuals to obtain five hours of instrument time in an airplane.
Fast forward to this newly released legal interpretation. The Office of Chief Counsel stated that the previous interpretation was incorrect: “Thus, in light of this finding, the FAA hereby rescinds the Theriault interpretation.” The letter further states:
“To summarize, if training performed pursuant to § 61.129(c) (3)(i) occurs in a helicopter, or with a device or simulator that
replicates a helicopter, that training may count towards the five hours of instrument aeronautical experience required under § 61.129(c)(3)(i). However, instrument training performed outside of a helicopter and without a flight simulator, flight training device, or aviation training device that replicates a helicopter cannot count towards the five hours of instrument aeronautical experience that is required under § 61.129(c)(3)(i).”
Kudos to the Office of Chief Counsel; they got it right the second time!
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