The U.S. Transportation Security Administration (TSA) has finalized the rules for foreign pilots who want to train in the U.S.A. and also issued some interpretation on what the rules mean as well.
The new rules become effective for foreign pilots who want to train at U.S. flight schools or with U.S. freelance instructors on Dec. 19, 2004.
The initial rules were put in place with very little notice and no consultation. Consultation was completed after the rules were in place, but to their credit the TSA did make some changes that were requested by COPA, AOPA and other aviation associations
The current rules require any person who wishes to train at a U.S. flight school or with a U.S. freelance instructor to submit identification information, a photo, fingerprints and a US$130 fee to the flight school who will forward them to the TSA.
The student then has to wait 30 days before commencing training to allow the TSA to determine whether flight training for that individual would constitute a security threat to the U.S.
They then must start training within 180 days or do the screening and pay the $130 fee over again. The fingerprinting requirement would not need to be repeated.
Under the rules, U.S. citizens will have to furnish proof of citizenship before starting training.
The rules also impose stringent recordkeeping and reporting requirements on flight schools and freelance instructors giving flight training to U.S. citizens and foreign nationals.
Initially the TSA intended that all training on any aircraft, including all aircraft below 12,500 lbs would be captured under this rule. This would have included training on gliders and balloons and any training done on small powered aircraft, including type checks and even factory check-outs prior to taking delivery of a newly purchased aircraft.
Following consultation with COPA and other associations the rules have been changed slightly.
At present the TSA only requires screening for training that leads to the issue of a new airman’s certificate or rating. Excluded now is flight training on gliders or balloons as well as flight reviews, proficiency checks or any other check that just demonstrate the pilot’s existing skills on aircraft under 12,500 lbs.
The TSA is to be commended for listening to the aviation community on the concerns that COPA and other associations brought forward. There is no doubt the new rules and associated record-keeping requirements will still be very onerous for U.S. flight schools to comply with and will hurt their global competitiveness, but the initial rules were even more stringent. The latest rules and interpretations are slightly more sensible.
The newest rules mean that Canadians who are seeking training in the U.S. do not have to submit to the identification and screening process for type checks, flight reviews and for training on gliders and balloons.
Canadians will have to go through the process if they want to train for a licence or add a rating to an existing licence in the U.S.
Canadians who are considering doing any flight training in the U.S. are encouraged to contact the school well in advance to determine what procedures need to be followed.
More information can be found on www.flightschoolcandidates.gov