Foreign Examiner as PIC?
A focused interpretation of FAA Olson (2016) on whether a non-FAA examiner may conduct a flight test in an N-registered aircraft and what certificate level is required.
Key Conclusion
The FAA interprets that, in the described scenario, the foreign examiner would be treated as acting as PIC in a compensated operation, which affects required certificate and medical level.
Primary Legal Issue
Whether an EASA examiner can conduct a flight test:
- in an N-registered aircraft
- with a student holding only an FAA student pilot certificate
- and whether a private pilot certificate is sufficient
Rule (CFR)
PIC limitation — student pilot
- §61.89:
A student pilot may not act as PIC when carrying a passenger
Compensation limitation — private pilot
- §61.113:
A private pilot may not act as PIC for compensation or hire
Commercial privileges
- §61.133:
A commercial pilot may act as PIC for compensation or hire
Medical requirement
- §61.23(a)(2):
A person exercising commercial pilot privileges must hold at least a second-class medical
FAA Interpretation
1. Not an FAA “examiner” (page 1)
The FAA interprets that:
- An EASA examiner is not an “examiner” under §61.1
- The test is not a Part 61 “practical test”
→ Examiner-related exceptions do not apply
2. Nature of the operation (page 1)
The FAA views the flight as:
- An operation involving compensation or hire
→ Not treated as a regulatory checkride under Part 61
3. Who acts as PIC (page 2)
Because:
- The student holds only a student pilot certificate
- And the flight involves another person onboard
The FAA interprets that:
→ The examiner must act as PIC in this scenario
4. Certificate level implication (page 2)
Given that the examiner:
- Acts as PIC
- In an operation involving compensation or hire
The FAA interprets that:
→ A commercial pilot certificate is required in this context
5. Medical implication (page 2)
Because the examiner would be:
- Exercising commercial pilot privileges
The FAA interprets that:
→ At least a second-class medical is required
Implication (Limited)
The conclusion depends on:
- student pilot status
- classification as compensation or hire
- operation in an N-registered aircraft
The interpretation does not address:
- FAA-authorized examiners
- Part 61 practical tests
Common Misunderstandings
- ❌ “Any examiner can conduct a test without acting as PIC”
- ❌ “Private pilot privileges are sufficient for all check scenarios”
→ Outcome depends on how the flight is classified under FAA regulations
One-Sentence Summary
The FAA interprets that, in this scenario, the examiner would be acting as PIC in a compensated operation, which drives the need for commercial privileges.