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3 Answers

60 day rule: Clarification?

Asked by: 8811 views , ,
FAA Regulations, Instrument Rating

So what I feared the most, happened. I flunked the instrument test. :( Happened on 17th of October.  Busted the ILS. And we did not do unusual attitudes. DPE said we'll do this later too. I got the required instruction from my CFII on 11/02 and got the required endorsement (61.40?). I have not had a chance to go do the test as, I've been super busy with life (work, family, and everything else!). Finally heard from the DPE who said, I should look at the "date of recommendation", as we have to be within 60 days of this. Am totally confused. I thought I had 60 days since the first attempt? Or was it 2 calendar months? And when does this 60 day begin? Since getting the new endorsement? Any help would be appreciated!

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3 Answers



  1. jsanderson10 on Dec 04, 2015

    61.39 is where you find the part about 2 calendar months, notice it says “2 calendar months preceding the month of application” so since you received the endorsement on 11/02, November and December would be the two calendar months preceding the month of January. So you have until the end of January to take the test.

    §61.39(a)(6)(i) Has received and logged training time within 2 calendar months preceding the month of application in preparation for the practical test

    §61.49 Retesting after failure.
    (a) An applicant for a knowledge or practical test who fails that test may reapply for the test only after the applicant has received:
    (1) The necessary training from an authorized instructor who has determined that the applicant is proficient to pass the test; and
    (2) An endorsement from an authorized instructor who gave the applicant the additional training.

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  2. Jax Teller on Dec 04, 2015

    Jsanderson: 11/02 is when I got retested. AKA did the ILS with my instructor. He signed the 61.49. My original endorsement was on 10/01 or so

    My original endorsement 61.39 was before my checkride on 10/17.

    So Do i have 60 days from the date of first test? Or is it 60 days from the date of the the failure?

    Thanks.

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  3. Kris Kortokrax on Dec 04, 2015

    Jax,

    The first thing you need to look at is the date of the 61.39 endorsement for your October 17 practical test. That endorsement runs out 2 calendar months after it was dated. If it was dated in September, it has already expired. If it was dated in October, it expires on December 31, 2015.

    The next thing you need to look at is 61.65 (d)(2)(i). This requires that you have 3 hours of instrument flight training within 2 calendar months of the practical. Unless you got 3 hours of training on November 2 with your instructor, you might not meet this requirement.

    The next rule you need to look at is 61.39 (g) which states:

    “If all increments of the practical test for a certificate or rating are not completed within 2 calendar months after the month the applicant began the test, the applicant must retake the entire practical test.”

    This means that since your first attempt was on October 17, you have until December 31, 2015 to complete the task you failed and any tasks for which you were not tested. If you don’t complete the practical test within this time frame, you will have to take the whole test again.

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