Conversions: TCCA -> FAA

[davecessna]

Hi guys,

I'm sorry if this has been answered before, but I am currently in the process of being relocated to the U.S. and have some clarification questions regarding the FAA Advisory Circular 61-135A that I'm hoping someone here has had experience with.

Question 1:
I hold an almost finished CPL-A (so PPL-A in reality) with a recently obtained multi-engine rating (all land). Regarding said ME rating, the language in the AC states: "To obtain the multiengine landplane rating, applicants must show PIC flight time in a multiengine landplane." In Canada, we don't need to have any PIC time in a multi to hold a multiengine rating, the requirement is the flight test. Does that mean I have to rent a multiengine aircraft as PIC at least once before I convert the license to obtain the rating?

Question 2:
This one is one I might just try to ask the FAA directly, but maybe someone knows the answer. The language in the AC again states: "(to convert a TCCA CPL to an FAA one, one must) Hold a TCCA commercial pilot license (CPL) with the landplane rating with a minimum of 250 hours flight time." Again, in Canada the flight time requirement for a CPL is 250 hours. Here is my convoluted question: If I finish my Canadian CPL @ ~200 hours total but am shy of the 250 mark, could I (and bear with me here) convert my license into a FAA PPL, finish the time building in the US to 250 hours, and then convert my Canadian CPL to an FAA CPL? My spider sense is telling me it would be easier to just build all 250 hours here and then transfer everything over in one shot but if anyone has any advice on this, please for the love of NAFTA, I'm all ears.

[photofly]

>>In Canada, we don't need to have any PIC time in a multi to hold a multiengine rating, the requirement is the flight test. Does that mean I have to rent a multiengine aircraft as PIC at least once before I convert the license to obtain the rating?


Aren't you PIC during your Multi- flight test? It is a privilege of your PPL, per CAR401.26.

[davecessna]

No photo, not anymore. I was PIC during my PPL flight test, but they changed the CARS (recently within a year) to say that the examiner is PIC during a flight test.

[photofly]

The change (to non-PIC) was only for the PPL flight test. Everything else, once you have a PPL, you can *still* be PIC for the test. Read 401.26(c)(ii).

Whether you actually were PIC or not, however, depends on what you agreed with the examiner and what you wrote in your logbook. I hope you didn't sucker yourself out of the PIC time that you need.

[davecessna]

Yep, I suckered myself out of PIC time. That's on me. My question is still valid however, in order to rectify the situation.

[davecessna]

https://www.tc.gc.ca/eng/civilaviation/ ... u-3292.htm

Who is pilot-in-command? The pilot examiner (PE) or Civil Aviation Inspector (CAI) will be the pilot-in-command, pursuant to CAR 401.03 and 401.26, as amended. In all cases, the examiner reserves the right to exercise all reasonable duty of care to ensure safe flight by intervening or taking control of an aircraft when any action or lack of action by the candidate seriously jeopardizes flight safety or if a breach of regulation is imminent.

Pursuant to the Aeronautics Act: “pilot-in-command” means, in relation to an aircraft, the pilot having responsibility and authority for the operation and safety of the aircraft during flight time. The responsibility and authority of an examiner, while conducting any flight test, is illustrated by the following non-exhaustive list.

An examiner:
determines the route of the aircraft;
establishes the conditions for the takeoff and landing;
directs the candidate when conducting air exercises;
manipulates the flight and power controls at their own discretion when preparing for certain exercises;
intervenes, when necessary and at any time, to ensure the safe continuation of the flight;
makes decisions with respect to the continuation or termination of the flight.
If the examiner performs the duties listed in the short list above, by default the Pilot Examiner effectively is the Pilot-in-Command. Whether the examiner signs off as PIC or not, he or she, as the most qualified on board, may be held responsible for any negligence or for not exercising all reasonable duty of care as any other reasonable person in the same position would have exercised.

[photofly]

See this is the kind of inconsistent shit that TC keeps foisting on the pilot community that really pisses me off.

The CARs say you can be PIC. But *that* document says:

"Changes in this edition
Who is Pilot-in-Command? The change reflects the amendment to CAR 401.03 that requires that the pilot-in-command hold the type rating qualification for the aircraft used for the flight test."

But 401.03 plainly doesn't say that you need a type rating for the aircraft, or in fact any rating (other than a PPL) to be PIC for a flight test, because 401.26 says explicitly that a PPL (only) is the appropriate licence or rating that is required.

Some TC types need to learn to read the regulations before they put their fingers to a keyboard.

[7ECA]

This is the whole issue with having the Justice Department holding onto the CARs now. They (the DOJ) feel that they can piss around with the CARs - so they decided to tell TC that on flight tests, the student/candidate cannot be PIC, because what happens if there is an accident?

So, now DFTE's are PIC because the DOJ decided that on the off chance shit hits the fan, at least we may have the liability issue sorted out - good luck with that one...

[photofly]

Then they should change the CARs - all the ones that need changing- so they're consistent with how they want pilots to behave. Not write briefing notes and circulars that contradict the law and leave you uncertain.

[davecessna]

Well, 2 can play that game. The FAA specifically states that I need to show evidence of PIC time but nowhere does it state how much PIC time. Therefore, theoretically I can pay ~30$ for 6 minutes of PIC on the same multi I did my training on and legally meet the requirements. Dramatics aside I'm going to call the FAA to confirm that as well, I just thought I'd get lucky that someone here had gone through the rigmarole already.

Thanks for your help.

[7ECA]

Then they should change the CARs - all the ones that need changing- so they're consistent with how they want pilots to behave. Not write briefing notes and circulars that contradict the law and leave you uncertain.

Of course, but that was a change made during the reign of the previous government.

Why not send some letters/emails to the current Minister(s) of Transport and Justice, and see what they have to say.

[MIQ]

I have done the TC - FAA CPL conversion earlier this year and would say I know a thing or two about the process. Those requirements stated are minimum requirements necessary for a license conversion. So if it says that you need to have 250 hours TT for the conversion, then you need to have 250 hours. Regardless if you have a CPL in Canada with 200 hours or not. You can go ahead and get your PPL validated first and build your 50 hours on N-registered aircraft but depending on how much time you have for that, that might take a while. The conversion process for the PPL, again it's more of a validation, is very straight forward and basically free but involves some bureaucracy. Regarding the Multi hours, this one is a bit tricky. You might be able to use a grey zone here. Since we have slight differences between FAA and TC time logging, you could argue that your flight test (since you unfortunately didn't log PIC time) was / could be considered PICU/S. So PIC under supervision. Again something we don't have in Canada, but it's very existent in the states and might meet the minimum requirement for the conversion.

[lowermainlandpilot]

I am sorry to say this but you have to show them that you have PIC time in ME aircraft. If you can't prove that you won't get ME rating.