The FAA has offered to partner with NBAA to raise awareness on a policy that could help ease constraints on Part 135 pilot-in-command line checks. That offer came in response to a letter NBAA sent late last year expressing concerns about restrictions.
“Unfortunately, it is becoming increasingly difficult to comply with checks required by 14 CFR 135.299,” NBAA wrote. “Due to current policy, operators rely heavily on local inspectors, but FAA national resources (FSIRP), as well as local FSDO resources, are depleted. These issues are further amplified due to constraints on inspector travel and training for both industry and FAA.”
Further, despite a mandate for operators to have sufficient check pilots, most do not have enough. The problem is particularly acute when an operator adds a new aircraft type but has not had time to add a check pilot. As a consequence, the association added, operators are facing the grounding of pilots and aircraft at a significant loss.”
However, NBAA noted that the FAA has some policies that could provide flexibility, “but those policies remain poorly understood by operators and FAA employees alike.” To help that situation, NBAA had asked for the agency to develop more thorough guidance on the use of video communication technology and the use of check pilots from other companies to meet the requirements of 135.299. Both mechanisms exist today, but minimal guidance is available."
These approaches leave room for inspectors and operators to collaborate on a plan to meet the regulatory requirements safely, but, NBAA added, “The reality is that the lack of guidance occasionally leaves inspectors uncomfortable permitting operators to use the intended flexibility.”
In response, Robert Ruiz, director of the FAA’s Office of Safety Standards, noted the FAA has updated guidance allowing for the approval of a check pilot to serve more than one certificate holder. The guidance was specific to training centers, but Ruiz noted, “The process for POI approval and letter of authority issuance would still be applicable to a contract check pilot. We normally associate a contract check pilot with a training center, but that is not exclusive. Any qualified person performing checking for a certificate holder for which they are not employed is considered a contract check pilot, and the policy references above are applicable.”
Ruiz added that the FAA would be willing to partner with NBAA to develop a plan to create better awareness of the policy and how to use a contract check pilot. However, noting an NBAA suggestion for a database of approved check pilots, Ruiz, said, “At the present time, there is greater value in continuing to work through the principal inspector and maintaining those relationships to arrange checking events."
As for use of video and communication technology (now referred to as remote technology or RT) to observe check pilots, he noted “FAA inspectors and the air carrier should work together and jointly design how RT will be used for a given checking event, taking into considerations the benefits and limitations of this technology." Ruiz added that these considerations should emphasize the appropriateness of its use.
“We are grateful for the FAA’s willingness to work with NBAA and our industry to find innovative, and lasting, solutions for this situation,” said Brian Koester, NBAA director of flight operations and regulations. “Such collaboration will help our industry move forward past current challenges.”