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Two calendar months for a practical exam: 61.39(g) clarification

Asked by: 3403 views , , , ,
FAA Regulations, Flight Instructor

To make this quick:

30 December 2017: I fail at the CFIA initial exam. I fail at the very beginning of the oral (totally unprepared) on FOI stuff and the examiner recommends in his letter of disapproval that I retake the exam on all tasks.

13 February 2018: After being extensively re-trained and re-signed-off, I take the exam again with the same examiner, and pass everything except for four flying tasks. We run through his entire plan of action, it's just that I'm found unsastisfactory on four things at the end (two ground refs and two landings). His notice of disapproval says I am to be retested on those tasks only.

26 February 2018: The retest is scheduled for this date (same examiner again). Again, just those few tasks.

My concern here is that if something goes wrong, either I fail again (I don't plan on it!) or if weather/maintenance sets us back—that if I wait until after February 28 to retest, I will have run up against 61.39(g), which reads:

"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."

The operative word there to me seems to be "completed" ... it doesn't say "completed satisfactorily." It would seem to be referring to discontinuances rather than disapprovals, or disapprovals where all increments of the test weren't covered. I have completed the entire test by now since the original date (30 December)—I just didn't do all of it satisfactorily.

Also, since I was signed off by a different instructor for the second time I took it, with the understanding that I would be retested on all tasks, is there some interpretation where 13 February could count as "the day I began the test" (instead of December 30)?

I know this is a complicated one. Thanks for any input.

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1 Answers



  1. Kris Kortokrax on Feb 22, 2018

    You are looking at the wrong regulation. Incremental flight tests are for type ratings and ATP tests. The increments are the ground portion and the flight/sim portion as shown on the back of the 8710-1.

    Your disapprovals and possibly discontinuance are covered in 61.43(f).

    61.43(f)(1) describes a 60 day period, not 2 calendar months.
    61.43(f)(2) references either the letter of discontinuance and the notice of disapproval.

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