General Aviation Policy Letter (GAPL) No. 2003-01: Appendix

From: Transport Canada

GAPL 2003-01
2003-01-31

APPENDIX

CRITERIA FOR APPOINTMENT

1.  Need

A Designated Flight Test Examiner - Flight Instructor Rating will be appointed by the Regional Superintendent - Flight Training based on the need for this service. The need will be based on the following criteria:

  1. a requirement for the examiner to conduct at least 10 flight tests annually;
  2. the number of flight instructor examiners available to provide the service in a geographical area;
  3. the logistical advantage to Transport Canada for the provision of the required level of flight test services.

2.  Accreditation Process

  1. The candidate completes an application form Application for Designated Flight Test Examiner - Flight Instructor Rating (form no 26-0652).
  2. Forward the completed application to Transport Canada, Flight Training - AARRE, 330 Sparks Street, 6th Floor, Ottawa, Ontario, K1A 0N8, in a sealed envelope indicating "DFTE - Flight Instructor Application".
  3. Applications will be evaluated to determine that the applicant meets the required qualifications and experience. If these are not met, the application will be returned.
  4. Applicants meeting the requirements will be assessed, entered into a pool of qualified applicants, and the applicants notified.
  5. When a Regional Office determines a need for service in a particular area or location, the details of the top three most qualified candidates will be forwarded to the Region for consideration.
  6. After selecting the desired candidate, the Regional Office will send public notices (Request for Comment) to the Flight Training Units (FTUs), including the candidate's FTU, and existing designated flight test examiners that could be affected by a new appointment. The requests will require a written response within 30 calendar days. After consideration of information provided, the Regional Superintendent - Flight Training may authorize the training of the successful examiner candidate.
  7. Upon successful completion of the required training, the Regional Superintendent - Flight Training will issue a letter of accreditation stating the terms and conditions.

3.  Qualifications and Experience

A Designated Flight Test Examiner - Flight Instructor Rating candidate requires:

  1. a valid Class 1 Flight Instructor Rating;
  2. a valid Airline Transport Pilot Licence;
  3. a minimum of 3000 hours of total flight time;
  4. minimum of 2000 hours of flight instructor experience, including 300 hours instructor experience towards the Flight Instructor Rating;
  5. a record of 10 recommendations of candidates for a Flight Instructor Rating with an 80% success rate on first attempts;
  6. a record of excellence in training candidates for Flight Instructor Rating;
  7. a record of excellence as a Designated Flight Test Examiner; and
  8. a good record with respect to aviation.

TRAINING

1.  Training Assignment

Candidates are required to complete a training assignment that will be corrected limited to the following:

  1. Designated Flight Test Examiner Manual (TP 2654E)
  2. Canadian Aviation Regulations - Part IV and VI
  3. Flight Test Guide - Recreational Pilot Permit Aeroplane (TP 12475E)
  4. Flight Test Guide Private Pilot Licence - Aeroplane (TP 13723E)
  5. Flight Test Guide Commercial Pilot Licence - Aeroplane (TP 13462E)
  6. Flight Test Standard - Flight Instructor Rating - Aeroplane, Helicopter, Aerobatic (TP 5537E)
  7. Flight Instructor Guide - Aeroplane (TP 975E)
  8. Flight Training Manual (TP 1102E)

2.  Briefing

A Flight Training Standards Inspector will brief the candidate on how flight tests are to be conducted and will cover at least:

  1. examiner's roles and responsibilities;
  2. principles of evaluation;
  3. pre-flight test administration;
  4. flight test ground portion activities;
  5. flight test flight portion activities;
  6. post-flight activities;
  7. flight test report completion and distribution; and
  8. other applicable regional concerns.

3.  Practical Training

  1. the trainee observing a minimum of two class 3 or class 4 instructor rating flight tests, and a minimum of one class 2 instructor rating flight tests conducted by a Flight Training Standards Inspector; and
  2. the trainee conducting a minimum of two class 4, 3 or 2 instructor renewals monitored by a Flight Training Standards Inspector.

Accreditation may be issued initially for Class 3 and 4 Flight Instructor Rating renewal flight tests, and if the need exists, the Regional Superintendent may amend the Letter of Accreditation to conduct Class 2 renewals.

4.  Standardization Workshop

Candidates are required to attend a Designated Flight Test Examiner standardization workshop prior to or as soon as practicable following appointment.

LETTER OF ACCREDITATION

The Regional Superintendent - Flight Training may issue a letter of accreditation following the successful completion of the examiner candidate's training.

The letter of accreditation is an agreement between the Minister and the examiner that the examiner knows, accepts and will carry out the responsibilities, duties and functions of the Minister. Copies of the agreement will be held by both parties.

In addition to general conditions, the letter of accreditation will express geographic limitations, the expiry date, and any other restrictions.

1.  General Conditions

These general conditions will be included in the letter of accreditation:

  1. that the person understands that accreditation as a pilot examiner is a privilege and not a right and may be cancelled or suspended for breach of a condition of issuance, administrative reason or for any other reason set out in sections 6.9 to 7.1 of the Aeronautics Act;
  2. that the person knows, accepts and will carry out the following responsibilities, duties and functions of the Minister:
  1. ensure that a flight test candidate meets the prerequisites pursuant to Canadian Aviation Regulation (CAR) section 401.14 Flight Test Prerequisites as described in the applicable Flight Test Guide;
  2. ensure that aircraft used for flight tests for applicable permits, licences or ratings are flown in accordance with the requirements of:

(a)  CAR 602.07 - Aircraft Operating Limitations - operated in accordance with the limitations set out in the aircraft flight manual, manual supplements, placards and other approved data with regard to all limitations for the operating envelope and the type of flight (day/night/VFR/IFR) appropriate to the licence or rating sought;

(b)  CAR 605.06 Aircraft Equipment Standards and Serviceability - the aircraft and required equipment meet the applicable standards of airworthiness and is serviceable and, where required by operational circumstances, functioning, except in accordance with an approved Minimum Equipment List or other approved document;

(c)  CAR 405.23 Training Aircraft Requirements - must be at least a two-place aircraft with normal dual functioning flight controls and having the minimum required functioning instrumentation and radio navigational equipment required for the type of flight authorized by the privileges of the licence or rating for which the training or flight test is intended.

III. ensure a safe flight by intervening or taking control of an aircraft when any action or lack of action by the candidate jeopardizes safety;

IV. assess a flight test candidate's performance in accordance with the competency standards expressed in the appropriate flight test guide;

V. conduct a flight test in accordance with the applicable techniques and procedures outlined in the Designated Flight Test Examiner Manual (TP 2654E); and

VI. complete all administrative requirements as outlined in the Designated Flight Test Examiner Manual.

C. that the person has the authority to suspend the privileges of a rating for which a flight test candidate failed to meet the competency standards of the Personal Licensing Standards.

2.  Area of Accreditation

The letter of accreditation will specify the Transport Canada Region within which a Designated Flight Test Examiner is authorized to conduct flight tests. It may specify the boundaries or radii from economic centres, or other limitations such as tying the accreditation to the period of employment with a specific FTU operator. However, flight tests may be conducted on qualified candidates regardless of their address or where they received training.

The conduct of a flight test in another Region requires the prior approval of the Regional Superintendent - Flight Training for that Region.

To conduct a flight test outside of Canada or outside the constraint boundaries specified in the letter of accreditation, the Designated Flight Test Examiner must have the prior approval, in writing, of the Regional Superintendent - Flight Training for the Region that issued the letter of accreditation.

3.  Duration of Accreditation

The letter of accreditation will also specify the expiry date of the accreditation.

Initial accreditation should expire on the first day of the thirteenth month following the date of appointment.

Renewal of accreditation shall be to the first day of the twenty-fifth month following the date of renewal.

RENEWAL OF ACCREDITATION

A Transport Canada Regional Office or the local Transport Canada Center (TCC) should be advised, in writing, 90 days prior to the expiry date indicating the request to renew Designated Flight Test Examiner accreditation. If a request is not received, Transport Canada will take this as an indication that the examiner does not wish to renew. Designated Flight Test Examiner appointments are subject to the examiner continuing to meet the following requirements:

  1. continuing need at a particular location;
  2. continuing to meet the requirements for the initial appointment;
  3. continuing to honour the conditions of issue of the accreditation;
  4. conducting flight tests in accordance with the terms and conditions stipulated in the letter of accreditation;
  5. successfully completing a Designated Flight Test Examiner workshop every two years;
  6. successfully completing a standardization workshop for conducting Flight Instructor Rating renewal flight tests every two years;
  7. successfully completing, during the year not participating in a Designated Flight Test Examiner workshop, a monitored flight test for the renewal of a Flight Instructor Rating with a Flight Training Standards Inspector; and
  8. where a Flight Instructor Rating is required, successfully completing the required renewals with a Flight Training Standards Inspector.

If an examiner accreditation has been invalid for more than 24 months, the candidate must meet the requirements for initial appointment.

Cancellation or Suspension of Accreditation

The Regional Manager - General Aviation will cancel a Designated Flight Test Examiner's accreditation to conduct flight tests based on any of the following:

  1. a record of conviction of an offence punishable on summary conviction under 7.3 of the Aeronautics Act or the Canadian Aviation Regulations; or
  2. evidence of malpractice or the fraudulent use of the designation.

The Regional Manager - General Aviation may suspend a Designated Flight Test Examiner's accreditation to conduct flight tests based on any of the following:

  1. an administrative monetary penalty assessed in accordance with sections 7.6 to 8.2 of the Aeronautics Act, where there has been a violation of a designated provision;
  2. the suspension of a Canadian Aviation Document in accordance with section 6.9 of the Aeronautics Act, in respect of any contravention of a provision of Part I of the Aeronautics Act;
  3. a change in the Transport Canada Designated Flight Test Examiner program;
  4. insufficient need for the service;
  5. failure to comply with the conditions of appointment regarding location within a Transport Canada Region or affiliation with a flight training unit;
  6. failure to attend required Designated Flight Test Examiner workshops;
  7. failure to maintain a valid Class 1 Flight Instructor Rating;
  8. failure to maintain a valid Airline Transport Licence;
  9. requiring repeated direction in the proper conduct and administration of flight tests;
  10. failure to conduct flight tests in accordance with the applicable flight test guides;
  11. failure to comply with the terms and conditions set forth and agreed upon in the letter of accreditation; or
  12. the need to assess the circumstances following an incident or accident.

REINSTATEMENT OF ACCREDITATION

The Regional Manager - General Aviation may consider the reinstatement of accreditation at any time deemed appropriate where it is in the interest of need and service to the public. The criteria for initial appointment must be met.

RESPONSIBILITIES

1.  Recurrent Monitoring

The designated flight test examiner program is monitored by:

  1. reviewing flight test records and flight test reports;
  2. flight testing a student trained or recommended for flight test by the examiner, providing the test corresponds with the examiner's flight test accreditation;
  3. the observation of any portion or all of a flight test being conducted by the examiner;
  4. remedial training provided to an examiner to correct deficiencies detected during other monitor activities or as requested by the examiner; or
  5. flight testing the examiner.

DFTEs are encouraged to contact their Regional Flight Training Standards office at least once a year to review their Flight Test Records.

2.  Standardization

When requested by a Transport Canada - Flight Training Inspector, Designated Flight Test Examiners are required to:

  1. allow an Inspector to accompany them during any part or all of a flight test, provided a suitable aircraft is being used;
  2. allow an Inspector to conduct any part or all of a flight test;
  3. attend Designated Flight Test Examiner Workshops or meetings sponsored by Transport Canada; and
  4. complete a standardization flight test with a Flight Training Inspector, when required.

3.  Prompt Service

Designated Flight Test Examiners - Flight Instructor Rating have an obligation to provide prompt flight test service to any candidate who meets the experience requirements for that test.

4.  Flight Test Service

All flight test examiners are expected to provide good service, whether they are from industry or from Transport Canada. They are expected to be on time, to ensure that the test is conducted in a setting that provides privacy, to have any calls held, and to eliminate interruptions. They are expected to be polite and respectful toward test candidates, and to be well organized and businesslike in their conduct of flight tests.

5.  Prompt Forwarding of Flight Test Reports

Flight test reports (pass or fail) are to be completed in duplicate and the original copy forwarded to the Transport Canada Regional office within 5 working days after the flight test. The duplicate copy is to be retained on a file maintained by the examiner. The examiner's copy is to be kept for not less than 24 months after the flight test date. This file is subject to review by Transport Canada - Flight Training Inspectors at any time.

In the event of a failed flight test, the examiner shall complete the appropriate portions of the flight test report recording the failure and forward the report to the appropriate Regional Office or TCC without delay. Flight tests that are converted into a dual flight because of unsatisfactory performance are to be considered a failed flight test and the report forwarded to the appropriate Regional Office or TCC. It is not acceptable to hold a failed report until a subsequent flight test has been successfully completed.

6.  Maintaining Currency

Examiners are expected to maintain a high degree of proficiency in flying skills and evaluation techniques. Examiners are encouraged to make application to attend Flight Instructor Refresher Courses to keep abreast of new developments in pilot training. Subject to other selection priorities, preference will be given to examiners wishing to attend these courses.

7.  Liability

Canadian Aviation Regulations require all privately and commercially registered aircraft to carry liability insurance. It is important to note that this insurance does not necessarily cover the examiner while conducting a flight test.

Examiners should not accept a verbal statement from candidates indicating insurance coverage has been arranged. At the time of booking the flight test the candidate should be advised that proof of insurance will be required prior to conducting the test.

The Government of Canada will indemnify examiners against personal liability incurred by reason of any act or omission within the scope of their duties, and will make no claim against them (for damages the Crown has to pay) based upon such personal liability, if the examiner acted within the scope of their delegation, honestly and without malice.

8.  Request for Review of an Examiner's Decisions

If a case arises where a candidate is not satisfied with an examiner's assessment, a request for re-test may be forwarded to the Transport Canada Regional office responsible for that examiner. In such cases, a Transport Canada - Flight Training Inspector will conduct the flight test. On such tests, the applicant shall be given a complete test, including any items already assessed as passed on the previous test.

9.  Testing Examiner's Own Family Members

Examiners shall not conduct flight tests for immediate family members, including parents, spouses, children, grandchildren or stepchildren, unless a Transport Canada Inspector monitors the flight test or written authorization has been granted by Transport Canada.

10.  Flight Test Results

The Privacy Act protects the privacy of individuals with respect to personal information about themselves held by a government institution.

Personal information may be disclosed in accordance with Section 8(2)(a) of the Act, which allows disclosure,".for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose". The purpose for which flight test information is obtained is to ensure the safety of aviation in Canada. The specific purposes are to measure whether the candidate meets the minimum skill standards for the licence or rating, whether the recommending instructor is performing competently as an instructor, whether the examiner is conducting the test in accordance with the standards, and whether the flight training unit is performing in accordance with the general conditions of the operator certificate.

In accordance with 8(2)(a) of the Privacy Act, a copy of the flight test report shall be given to the candidate for a flight test and a copy shall be retained by the examiner who conducted the flight test. A copy may also be given to the chief flight instructor responsible for the quality of flight training, and the recommending instructor. Specific information about the results of a flight test will not be given by Transport Canada to anyone but the individuals named on the flight test report except in accordance with the Privacy Act.

11.  Security of Flight Test Results

Pursuant to the Privacy Act, flight test results are records of personal information and as such must be treated as confidential information by all parties privy to the results. Appropriate security measures must be taken to ensure that accessibility to the documents is restricted to those rightfully in possession of them.

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