(a) General. Except for a rated military pilot or former rated military pilot who has been removed from flying status for lack of proficiency, or because of disciplinary action involving aircraft operations, a rated military pilot or former rated military pilot who meets the applicable requirements of this section may apply, on the basis of his or her military training, for:

(1) A commercial pilot certificate;

(2) An aircraft rating in the category and class of aircraft for which that military pilot is qualified;

(3) An instrument rating with the appropriate aircraft rating for which that military pilot is qualified; or

(4) A type rating, if appropriate.

(b) Military pilots on active flying status within the past 12 months. A rated military pilot or former rated military pilot who has been on active flying status within the 12 months before applying must:

(1) Pass a knowledge test on the appropriate parts of this chapter that apply to pilot privileges and limitations, air traffic and general operating rules, and accident reporting rules;

(2) Present documentation showing compliance with the requirements of paragraph (d) of this section for at least one aircraft category rating; and

(3) Present documentation showing that the applicant is or was, at any time during the 12 calendar months before the month of application --

(i) A rated military pilot on active flying status in an armed force of the United States; or

(ii) A rated military pilot of an armed force of a foreign contracting State to the Convention on International Civil Aviation, assigned to pilot duties (other than flight training) with an armed force of the United States and holds, at the time of application, a current civil pilot license issued by that contracting State authorizing at least the privileges of the pilot certificate sought.

(c) Military pilots not on active flying status during the 12 calendar months before the month of application. A rated military pilot or former rated military pilot who has not been on active flying status within the 12 calendar months before the month of application must:

(1) Pass the appropriate knowledge and practical tests prescribed in this part for the certificate or rating sought; and

(2) Present documentation showing that the applicant was, before the beginning of the 12th calendar month before the month of application, a rated military pilot as prescribed by paragraph (b)(3)(i) or paragraph (b)(3)(ii) of this section.

(d) Aircraft category, class, and type ratings. A rated military pilot or former rated military pilot who applies for an aircraft category, class, or type rating, if applicable, is issued that rating at the commercial pilot certificate level if the pilot presents documentary evidence that shows satisfactory accomplishment of:

(1) An official U.S. military pilot check and instrument proficiency check in that aircraft category, class, or type, if applicable, as pilot in command during the 12 calendar months before the month of application;

(2) At least 10 hours of pilot-in-command time in that aircraft category, class, or type, if applicable, during the 12 calendar months before the month of application; or

(3) An FAA practical test in that aircraft after --

(i) Meeting the requirements of paragraphs (b)(1) and (b)(2) of this section; and

(ii) Having received an endorsement from an authorized instructor who certifies that the pilot is proficient to take the required practical test, and that endorsement is made within the 60-day period preceding the date of the practical test.

(e) Instrument rating. A rated military pilot or former rated military pilot who applies for an airplane instrument rating, a helicopter instrument rating, or a powered-lift instrument rating to be added to his or her commercial pilot certificate may apply for an instrument rating if the pilot has, within the 12 calendar months preceding the month of application:

(1) Passed an instrument proficiency check by a U.S. Armed Force in the aircraft category for the instrument rating sought; and

(2) Received authorization from a U.S. Armed Force to conduct IFR flights on Federal airways in that aircraft category and class for the instrument rating sought.

(f) Aircraft type rating. An aircraft type rating is issued only for aircraft types that the Administrator has certificated for civil operations.

(g) Aircraft type rating placed on an airline transport pilot certificate. A rated military pilot or former rated military pilot who holds an airline transport pilot certificate and who requests an aircraft type rating to be placed on that person's airline transport pilot certificate may be issued that aircraft type rating at the airline transport pilot certificate level, provided that person:

(1) Holds a category and class rating for that type of aircraft at the airline transport pilot certificate level; and

(2) Passed an official U.S. military pilot check and instrument proficiency check in that type of aircraft as pilot in command during the 12 calendar months before the month of application.

(h) Evidentiary documents. The following documents are satisfactory evidence for the purposes indicated:

(1) An official identification card issued to the pilot by an armed force may be used to demonstrate membership in the armed forces.

(2) An original or a copy of a certificate of discharge or release may be used to demonstrate discharge or release from an armed force or former membership in an armed force.

(3) Current or previous status as a rated military pilot with a U.S. Armed Force may be demonstrated by --

(i) An official U.S. Armed Force order to flight status as a military pilot;

(ii) An official U.S. Armed Force form or logbook showing military pilot status; or

(iii) An official order showing that the rated military pilot graduated from a U.S. military pilot school and received a rating as a military pilot.

(4) A certified U.S. Armed Force logbook or an appropriate official U.S. Armed Force form or summary may be used to demonstrate flight time in military aircraft as a member of a U.S. Armed Force.

(5) An official U.S. Armed Force record of a military checkout as pilot in command may be used to demonstrate pilot in command status.

(6) A current instrument grade slip that is issued by a U.S. Armed Force, or an official record of satisfactory accomplishment of an instrument proficiency check during the 12 calendar months preceding the month of the application may be used to demonstrate instrument pilot qualification.

[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40901, July 30, 1997]