Commercial and Business Aviation Advisory Circulars

Simulator training in the United States - Effect of the Aviation and Transportation Security Act on Canadian Air Operators

INTRODUCTION

This Commercial and Business Aviation Advisory Circular (CBAAC) is intended to inform Canadian air operators about the effect of the Aviation and Transportation Security Act on training conducted by flight schools regulated by the Government of the United States of America and to clarify the circumstances where approval of aeroplane only training is appropriate, when simulators are not available in North America.

REFERENCES

Paragraph 724.108(1)(c) of the Commercial Air Services Standards (CASS).

Section 113 of the Aviation And Transportation Security Act, Title 49 of the United States Code, 44939.

BACKGROUND

On November 19, 2001, the United States Congress enacted the Aviation and Transportation Security Act. The Act requires that aliens (non US citizens) be screened prior to undertaking training on aircraft weighing more than 12,500 pounds.

As of early March 2002, the apparatus to carry out the required screening process was not in place, so the United States Attorney General authorized Provisional Advance Consent to certain categories of alien trainees. Advance Consent allowed foreign pilots who already possessed a type rating to undergo recurrent or initial training.

On June 14, 2002, the United States Department of Justice published an interim final rule - Screening of Aliens and Other Designated Individuals Seeking Flight Training and rescinded the Second Notice of Advance Consent For Providing Certain Aviation Training. The interim rule requires a new type of screening called - Expedited Processing for Aviation Training of Certain Aliens. Foreign pilots who already posses a type rating are eligible for Expedited Processing.

Expedited Processing for Aviation Training of Certain Aliens requires the training provider to pass the candidate’s information electronically to the Foreign Terrorist Tracking Task Force (FTTTF). The FTTTF has indicated that approval or denial should be a fairly quick process - a few days.

These security measures have prevented/delayed some Canadian aviation document holders from taking simulator training in the United States. As a result, an operator has requested permission to conduct aeroplane only training. This request has been denied and other similar requests will be denied.

The previous Advance Consent and the current Expedited Processing for Aviation Training of Certain Aliens exclude individuals who do not have a type rating. At some point, persons not eligible for Expedited Processing will be able to apply, again electronically, for screening to take training. The FTTTF has indicated that approval should take approximately a week - if there are no concerns.

Paragraph 724.108(1)(c) of the CASS was intended for cases where the simulator was not located in North America – so that operators would not have to bear the expense of sending their pilots to Europe, Asia, or South America for training. It was not and is not intended to cover the current case where simulators are available (located) in North America, but not all pilots are allowed access to them.

CONCLUSION

Aeroplane only training shall not be authorized on the basis of an individual being denied access by the FTTTF to a simulator located in the United States. This would be an instance where the simulator is available, but the individual is not permitted to use it.

Michel Gaudreau
Director
Commercial & Business Aviation