TP 14277

Role

A Pilot Examiner is an experienced professional who is trained to assess pilot performance against a national standard and who ensures that all persons seeking a pilot licence or rating, for which a flight test is required, meet the skill requirements.

Prompt Service

Pilot Examiners are appointed to provide a prompt flight test service to any candidate who meets the experience requirements for that test and who has been recommended for a flight test by a qualified person, regardless where the training took place.

An examiner is expected to honour appointments unless circumstances warrant cancellation or postponement. It is the examiner’s responsibility to reschedule a flight test if the postponement is at the examiner’s request. If an examiner cancels a flight test without rescheduling, the examiner should recommend another examiner or instruct the candidate to contact the closest TCC or the Regional Office. The TCC/Regional Office should provide the names of other examiners, or may arrange to conduct the flight test at the candidate’s request.

Flight Test Service

Pilot Examiners are professionals who can be counted onto be on time and to be well organized and businesslike in their conduct of flight tests. They are polite and respectful toward flight test candidates.

Conducting the Flight Test

The examiner must conduct the oral portion of the flight test in a private area free from distractions. The examiner must give the candidate undivided attention during the test and ensure that any discussion of test results with the candidate is in private unless, by mutual agreement, a person other than the candidate is present, e.g. the recommending flight instructor.

Prompt Forwarding of Flight Test Reports

Original flight test reports (pass or fail) must be forwarded to the Transport Canada Regional Office or TCC within 5 working days after the flight test. A duplicate copy is to be retained in a file maintained by the Pilot Examiner. The Pilot Examiner's file 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 - GA Inspectors and is to be made available upon reasonable notice.

In the event of a failed flight test, the Pilot Examiner will give the candidate a copy of the completed flight test report. Flight tests that are converted into a dual flight because of unsatisfactory performance are to be considered a failed flight test. The practice of holding the report of a failed flight test until a subsequent flight test has been successfully completed is unacceptable.

How Standardization is Achieved

Standardization is achieved through the following events:

(a)  PE Workshops; and

(b)  Recurrent Monitoring; or

(c)  Special Monitoring.

Examiners must conduct all flight tests in accordance with the applicable Flight Test Guide. An examiner must not allow personal prejudices to interfere with the objective evaluation of a candidate's performance.

Pilot Examiners are required to complete an open-book assignment and attend a pilot examiner standardization workshop every two (2) years. A record of successful completion of the workshop will be entered in the examiner's file.

Recurrent Monitoring

The objective of recurrent monitoring is to standardize the conduct of flight tests, the application of the standards and the method of evaluating a candidate’s performance.

Pilot Examiners are required to contact a GA Inspector for the completion of a monitoring flight every two years. The pilot examiner should arrange, with an inspector and a candidate, a mutually convenient time for monitoring a flight. Should the pilot examiner not be able to make the necessary arrangements, an inspector will arrange a monitoring event.

During the monitoring event, the inspector will brief both of them on how the monitor will be conducted, he will then monitor the ground portion of the flight test, and if a suitable aircraft is available, will monitor the in-flight portion of the test.

Pilot Examiners may be monitored in the following ways:

(a)  simulation of a flight test in which the inspector plays the role of a flight test candidate to assess the examiner's proficiency and ability to evaluate. Where this method is used, a sampling of flight test items appropriate to the authorities held will be selected based on the following criteria:

1. flight test items that have been identified through flight test data analysis as items requiring review because of:
    
   1. passing rates considerably above or below the national averages;
   2. remarks not supporting the evaluation;
   3. the presence of weak instructional technique as revealed through analysis of student performance during flight tests that were recommended by the examiner;

2. any new flight test item as described in flight test guides, as amended from time to time; or
3. areas that have generated disputes or appeals brought to the Minister’s attention.
   
   Note:  Under normal circumstances, the airborne portion, when role-playing, should not exceed one hour of flight time.

(b)  observation of a complete flight test;

(c)  where a suitable aircraft is not available, observation of the ground portion of a complete flight test.

Note:  The ground portion includes evaluation of the pre-test organization, meeting the candidate, the pre-test briefing, exercises/items tested on the ground, and post-flight activities. When this method is used, the next monitoring should include an evaluation of in-flight testing.

Pilot Examiners holding an Instrument Rating accreditation will have their Instrument Rating renewal rides conducted by a Transport Canada Inspector or a Type A - Approved Check Pilot.

Pilot Examiners are encouraged to contact their Regional Office - Flight Training at least once a year to review their Flight Test Records.

Note 1:  A certified level 3, 5 or 6 FTD or a certified full-flight simulator may be used to assess the examiner's evaluation of IFR procedures or tasks.

Note 2:  Participation at a recurrent examiner workshop does not preclude the Regional Office from scheduling a monitoring check flight at any time.

Special Monitoring

Special monitoring of an examiner may be scheduled where reasonable cause is indicated. The Regional Office may take appropriate action, and document that action, if an examiner:

(a)  demonstrates a pattern of not testing in accordance with the Flight Test Guide(s), which may include, but is not limited to:

1. passing rates consistently well above or below the national averages;
2. flight test times that are consistently much shorter or longer than the national averages;
3. flight test remarks that do not support the mark awarded, or
4. being the subject of a substantiated public complaint regarding their competence or the conduct of a flight test.

(b)  is involved in an accident, incident or a violation under the Aeronautics Act.

If special monitoring indicates a deficiency in testing technique or application of the standards, the supervising inspector will initiate educational or remedial action. Such action must be recorded in the examiner's file. Suspension of the examiner's accreditation, if appropriate, must have the concurrence of the Regional Manager - General Aviation.

Maintaining Currency

Pilot Examiners are expected to maintain a high degree of proficiency in flying skills and evaluation techniques and demonstrate aviation safety at all times. Examiners must be up-to-date with the applicable Flight Test Guides and the performance criteria imbedded in each item, as well as being up-to-date on regulatory, procedural and policy changes.

Pilot 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 Pilot Examiners wishing to attend these courses.

Pilot Examiners holding an Instrument Rating accreditation will not consider the instrument flight time and approaches flown by flight test candidates for the purposes of personally meeting the requirements of CAR 401.05 - Recency Requirements, subsection (3) [6, 6 and 6].

Liability Insurance

In accordance with the Canadian Aviation Regulations, all privately and commercially registered aircraft are required to carry liability insurance. It is important to note that this insurance does not necessarily cover the Pilot Examiner while conducting a flight test.

Pilot 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 would be required prior to conducting the test.

Liability - Delegated Authority

Pilot Examiners receive their authority to exercise privileges on behalf of the Minister by means of a “Delegation of Authority” document. External delegates are regarded as Crown agents to the extent that they act on behalf of the Crown. The Government of Canada, under the provisions of the Crown Liability and Proceedings Act, will indemnify pilot 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 pilot examiner acted within the scope of the delegation, honestly, without malice and with a standard of care like every other reasonable person in their position engaged in the same activity would take.

Reference:  TP 11825 - Liability Through the Exercise of Delegated Authority.

Request for Review of a Pilot Examiner's Decision

When a candidate is not satisfied with a pilot examiner's decision, a request for re-test may be forwarded to the Transport Canada Regional Office responsible for that pilot examiner. After due consideration of the individual case, the Regional Superintendent - Flight Training may authorize a re-test to be conducted, without prejudice, by a GA Inspector or an alternate pilot examiner. In such cases, the candidate will be given a complete test, including any items already assessed as passed on the previous test. A complete new application (where applicable) and test file must be prepared. The new flight test report determines the candidate’s qualification.

Should the complaint not be addressed to the candidate’s satisfaction, the procedure to follow is outlined in the ‘Civil Aviation Issues Reporting System (CAIRS)’. The document can be found at:  http://www.tc.gc.ca/civilaviation/ManagementServices/QA/cairs.htm.

Testing Examiner's Own Students

Ultra-light Aeroplane

It is assumed that when a Pilot Examiner has a student who is ready for flight testing, every effort will be made to locate another Pilot Examiner to do the flight test. Where no other Pilot Examiner can be found to do the flight test, the Pilot Examiner may test his/her own student with prior permission from Transport Canada. The Pilot Examiner should contact the Principal Inspector responsible for monitoring him/her or the Regional Superintendent – Flight Training.

All Other Examiners

Pilot Examiners may conduct tests on students they have trained, provided another qualified flight instructor:

(a)  certifies that all of the tasks and manoeuvres required for the flight test have been reviewed by conducting a pre-test evaluation with the candidate; and

(b)  recommends the candidate as having reached a sufficient level of competency to complete the flight test required for the issuance of the licence or rating sought.

If additional training is required after the pre-flight test evaluation has been conducted, an instructor other than the examiner should provide this additional training.

If the pilot examiner conducts the additional training, another qualified instructor must conduct a subsequent pre-flight test evaluation to validate a recommendation.

Under extenuating circumstances and only by prior approval from the Regional Superintendent - Flight Training, the requirement for the recommendation by another flight instructor may be waived. These requests should be forwarded to the Regional Office.

Conflict of Interest

In order to avoid conflicts of interest, perceived or real, Pilot Examiners must follow the policy and guidelines contained in this manual.

A “Conflict of Interest” is a situation where the interest of a Pilot Examiner conflicts with the obligation to the public good and arises when a Pilot examiner is influenced to act either knowingly or unknowingly, in a manner that does not hold the safety of the flying public as the primary and highest priority. Pilot Examiners should not conduct flight tests in these instances unless a GA Inspector monitors the flight test or unless prior authorization has been granted by the Regional Office of Transport Canada.

Monitoring by a GA Inspector would dispel the perception of a conflict of interest. It would also fulfill the requirements of a biennial monitoring and ensure that the Pilot Examiner’s indemnification of personal liability by the Government of Canada is preserved, in the event future litigation calls into question the candidate’s ability and qualification.

Flight Test Results

The Privacy Act protects the privacy of individuals with respect to personal information held by a government institution. Flight tests measure the performance of candidates, examiners, recommending instructors and Chief Flight Instructors, as they are responsible for the training at flight training units. All of these are identified on the flight test report.

Personal information may be disclosed in accordance with Section 8(2)(a) of the Privacy 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 evaluate whether a candidate meets the minimum skill standard for the licence or rating, whether the recommending instructor is performing competently as an instructor, whether the Pilot 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 may be given to the flight test candidate and a copy will be retained by the Pilot Examiner who conducted the flight test. A copy may also be given, upon request, to the flight instructor who recommended the candidate for the flight test and to the Chief Flight Instructor responsible for the quality of flight training at the flight training unit where the training was conducted. 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.

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 access to the documents is restricted to those rightfully in possession of them.