FAA IR to TC IR Conversion TC Problem - Help!

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pwbennett@live.ca
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FAA IR to TC IR Conversion TC Problem - Help!

Post by pwbennett@live.ca »

I wanted to know if there is someone connected to this group who has some expertise on this. I am dealing with TC Licensing and hitting a brick wall. I am almost sure what I have done is correct.

1) I have a TC PPL and own my own aircraft
2) while in USA on a work assignment I did a conversion of my TC PPL to obtain a FAA PPL Cert. Therefore my FAA PPL license is based on a “Foreign License”
3) I then completed a Full IR program of ground school, written exam, FAA Medical, the required flight training hours with FAA CFII, and then the FAA Flight Exam.
4) I have been granted a FAA IR which has been reflected by my new pilots card
5) I completed the TC FAAIA exam and submitted my application to TC for the conversion of my FAA IR to TC. .

TC is claiming that they cannot grant me a TC IR using the conversion from my FAA IR as it is based on a foreign license. They cite the following.

FAA pilot certificates issued on the basis of a foreign licence are not eligible for conversion to a TCCA pilot licence under these implementation procedures.

My FAA IR certificate is not based on a foreign license (converted from another license) . It was a fully completed FAA course of work done in the USA on my aircraft. The PPL is based on a foreign license.

I think they are interpreting this clause incorrectly in this case.

Hope you can connect me with someone with a deeper understanding that I can argue my case with them.
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photofly
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Re: FAA IR to TC IR Conversion TC Problem - Help!

Post by photofly »

Most people who get an FAA licence from having a TC one don’t get the “based on a foreign licence” clause. The normal procedure between FAA and TC is via the bilateral agreement, called the IPL, which grants you a complete standalone licence in the other country. Does your FAA licence actually say “based on a foreign licence” on it? If it does, you may have screwed yourself by using the wrong conversion procedure.

This is the correct procedure: is this what you did?
https://www.faa.gov/regulations_policie ... ID/1027574

The “based on a foreign licence” restriction is for US airman certificates issued under 14 CFR 61.75, not those issued via a bilateral agreement.
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DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
nbinont
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Re: FAA IR to TC IR Conversion TC Problem - Help!

Post by nbinont »

I agree with photofly, this is an uncommon (but not impossible) FAA configuration. If you added a FAA IR to your 61.75 cert, then you should have two phrases on the certificate:
- "Issued on the basis of and valid only when accompanied by Canada Pilot License...", and
- "U.S. Test Passed" (related to the Instrument component: https://fsims.faa.gov/PICDetail.aspx?do ... ,Ch2,Sec14 )

Possible options:
1) Get back to TC and agree that the conversion process does not apply to items "issued on the basis of a foreign license", however point out that the instrument rating does not fall into that category (cite the "U.S. Test Passed") notation on the certificate. Also follow up that the FAA instrument rating can't possibly be issued on the basis of your a non-existent TC IR, further reinforcing the "U.S. Test Passed" notation. You would have to argue that ratings can be converted stand alone and that you are not trying to convert the PPL. Some interpretation would be required (of Canada IPL CH III 3.0(a) ). or
2) Write the INRAT, and do a IR flight test. (You'll need to do an IPC eventually, so this may not be as big of a hurdle as it initially appears). All your instrument experience and training in the US counts towards the TC IR requirements (421.46(4)), so hours should not be a problem.
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OldInstructor
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Re: FAA IR to TC IR Conversion TC Problem - Help!

Post by OldInstructor »

I concur with the other comments but suggest you discuss with TC. Since the FAA license was based on your Canadian license rather then a third country it is reasonable to use the bilateral conversion process for the IFR rating. Familiar with a number of occasions where it was accepted.
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