For the Record: Forgotten flight reviews

It’s easy to comply with flight review rules, but if a pilot mistakenly flies while out of compliance certain actions can help mitigate the consequences.

Under FAR 61.56: Flight Reviews, no person may act as pilot in command unless within the preceding 24 calendar months that person has accomplished a flight review in an aircraft for which that pilot is appropriately rated. A flight review consists of a minimum of one hour of flight training and one hour of ground training; FAR 61.56 describes what must be covered. AC 61-98D provides extensive guidance on complying with the rule.

A CFI or other person approved by the FAA must conduct the flight review, and must document satisfactory completion in the pilot’s logbook. AC 61-65H provides a recommended endorsement for a satisfactory flight review. If, in the opinion of the person conducting the flight review, the pilot’s performance was unsatisfactory, the logbook entry need only indicate instruction received.

Upon “reasonable request,” pilots must present this endorsement for inspection by the FAA, NTSB, or law enforcement, since it’s subject to FAR 61.51. A request during any investigation or ramp inspection will likely be considered “reasonable” as it’s a low bar to meet.

Unintentionally flying without a flight review should be resolved through the FAA’s compliance program, which allows alleged violations that result from issues such as simple mistakes to be resolved through counseling, education, or training. However, the FAA likely will pursue enforcement action if evidence indicates the act was careless, reckless, or intentional. The FAA’s Compliance and Enforcement Order calls for a 20- to 60-day suspension of a pilot’s certificate if the violation was careless and a 60- to 120-day suspension for reckless or intentional violations. We’re aware of the FAA seeking 120-day suspensions in cases where airmen have been flying for several years without a flight review.

When a pilot becomes aware of a possible deviation or investigation, flight review currency should be confirmed so that, if necessary, corrective action can be taken before any statements or records are provided to the FAA. If a lapsed flight review is suspected, pilots should review their recent flight experience to see if they meet any of the exceptions in FAR 61.56(d), (e), or (g). Generally, these exceptions allow the completion of certain proficiency tests, flight tests, or any phase of an FAA Wings program to substitute for a flight review.

If no exceptions apply, the pilot should consider completing a flight review as soon as possible. Neither the pilot nor a CFI is required to notify the FAA that the pilot may have flown without a current flight review. Completing a flight review after the fact won’t excuse a prior violation, but it can be a mitigating factor because it shows the pilot is willing and able to comply with the rule and took immediate action to correct any noncompliance. If appropriate, filing a timely NASA Aviation Safety Reporting System report also can be helpful.

Without a proper endorsement, the pilot can still offer any credible evidence that a flight review was received. Here, a critical question is whether requirements for a flight review were met to the extent that the instructor involved can provide an endorsement. However, one reported case should serve as a cautionary tale: A pilot explained that a CFI named Jim conducted his flight review, leading FAA inspectors to track down the two CFIs named Jim in the area—both of whom stated they hadn’t conducted a flight review for the pilot.

For a pilot who discovers lack of a flight review after an incident or accident, regulatory compliance isn’t the only concern. Under many insurance policies, a current flight review is a condition for coverage. Depending on the state law that governs the policy, this may allow the insurer to deny a claim even if there was no causal connection between the lack of a flight review and the accident. Pilots in this situation should contact an attorney before making statements to the FAA or their insurance carrier.

When it comes to flight reviews, it’s best to keep close track of your due dates. In effect, the FAA is saying the flight review is the aeronautical equivalent of a regular medical checkup and ongoing health improvement program. So, keep a current flight review, or else the FAA might just pull the plug on your flying.

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