Legal Briefing

A Biennial Excuse To See Your CFI

I recently turned the page on my calendar and noted the reminder I had placed there that it would be time once again to complete a flight review so that I can continue to act as pilot in command of my aircraft. I've tried to work it out so that my biennial flight review requirement coincides with my medical certificate expiration date. That way, every two years, at about the same time, I'm reminded to accomplish both. To my way of thinking, if they are due at the same time, I'm less apt to miss either of these two-year requirements. If I was really determined to coincide all my annual and biennial aviation-related requirements, I would also schedule my aircraft's annual inspection month to coincide with the other two, but that could make for a very busy (and potentially rather expensive) month.

When it's time for my flight review, I check the federal aviation regulations just to make sure that the FAA hasn't changed any of the requirements since my last review. For example, a few years ago, the FAA amended the regulation to allow, in certain circumstances, the use of a flight simulator or flight training device to meet the flight review requirements. The regulation was also amended to make clear that a student pilot need not fulfill the flight review requirements as long as he or she is undergoing training for a certificate and has a current solo flight endorsement.

I discovered that the regulation has not changed since my last flight review, but nevertheless, it was good to review the requirements to know what I will need to do to successfully accomplish the review. The flight review requirement is set out in FAR 61.56(c), and it states that no person may act as PIC of an aircraft unless, since the beginning of the twenty-fourth calendar month before the month in which that pilot acts as pilot in command, that person has accomplished a flight review given in an aircraft for which that pilot is rated by an authorized instructor; and obtained a logbook endorsement from an authorized instructor who gave the review certifying that the person has satisfactorily completed it.

When you've earned your private pilot certificate, you must maintain your qualifications to act as PIC. The flight review is one such method. If you are planning to continue your training, satisfactory completion of a test for additional certification, rating, or operating privilege also will satisfy the requirement for a flight review.

The flight review usually takes place with an FAA-certified flight instructor, and the review must consist of a minimum of one hour of flight training and one hour of ground training. The flight review must be documented with a logbook endorsement that must reflect satisfactory completion of a review of the general operating and flight rules of FAR Part 91 and a review of maneuvers and procedures necessary to show that the pilot may safely exercise the privileges of the airman certificate held. The two parts of the review do not necessarily have to be accomplished on the same day or given by the same CFI, but both portions need to fall within the preceding 24 calendar months of the month in which the flight is taking place.

Note that the regulation requires that the review have been accomplished within the preceding 24 calendar months before the month in which the flight is taking place. Since the word calendar is used, the flight review does not have to be accomplished within the number of days it takes to add up to 24 months. Rather, the review requirement will have been met for two years following the last day of the month in which the pilot took the flight review.

Beyond these specific requirements, the matter is left to the discretion of the person conducting the flight review. It is up to the instructor to determine whether the requirements for a flight review can be combined with other training, such as an instrument competency check or a checkout in a new model of airplane.

The flight review requirement can be met by passing and logging a pilot proficiency flight check, such as the private pilot checkride or the instrument rating checkride. Also, you can satisfy the flight review requirement by satisfactorily accomplishing one or more phases of the FAA's Wings pilot proficiency award program. Flight instructors can forego the one hour of ground training if they have satisfactorily renewed their flight instructor certificate. And, glider pilots can substitute a minimum of three qualifying instructional flights in a glider for the one hour of flight training.

When you act as PIC of an aircraft, it's important to keep accurate and timely track of when a flight review is required, when flight experience is no longer recent, when a medical certificate expires, or when an aircraft inspection is due. Remember that the regulations require that compliance be met prior to the flight.

Kathy Yodice is an attorney with Yodice Associates in Washington, D.C., which provides legal counsel to AOPA and administers AOPA's Legal Services Plan. She is an instrument-rated private pilot.