On Mon, 07 Jun 2004 11:48:39 GMT, "Richard Kaplan"
wrote:

"Bill Zaleski" wrote in message
.. .

the current PTS became effective in March 1999. AFS 640, the branch
of the FAA that sets training policy, told me during the last examiner
recertification seminar that the PTS is binding, and the task table

Bill,

The question of whether the PTS is legally binding upon a CFII is a bit more
complex than this, as is often the case for areas where law and
administrative regulations overlap.


Your answer is sort of like saying you called a specific division of the IRS
for a ruling on a complex taxation and that gave you a definitive answer.
Actually, getting a definitive answer on federal tax regulations is quite
complex and often has gray areas until a court reaches a final decision.
Sometimes courts even give different answers in different districts around
the country.

It is very clear that the Advanced ATD concept was introduced after the 1999
PTS and that the Advanced ATD was intended for completing a full IPC. Yet
if the PTS is considered to be legally binding, the Advanced ATD cannot be
used for an IPC because a literal interpretation of the PTS requires landing
out of an approach for an IPC, yet no Advanced ATD and no FTD is approved
for landings. Thus if the PTS is legally binding then a huge percentage of
piston IPCs done at virtually every major simulator center in the past 5
years are invalid. And if the PTS is legally binding then the whole concept
of approving the Advanced ATD is inconsistent within the FAA's regulatory
framework.

I think the best answer is that there are some unclear or gray areas here
which need to be resolved.

Saying the PTS is obviously legally binding rather than advisory is like
saying the AIM is obviously legally binding. Do you believe items in the
AIM are advisory or binding?



--------------------
Richard Kaplan, CFII

www.flyimc.com


So, in effect, you are saying that those who wrote the PTS are not in
a position to provide accurate information on it's use, validity, or
legality. Again, laughable. Who do you plan to go to for any
meaningful guidance? You've already said that the FSDO's don't know
how to handle queries on this issue. I recall giving you information
on the use of the FTD without an instructor present for currency that
you were steadfast against until the simulator branch confirmed to you
what you didn't want to hear. Time to use common sense here. It
wouldn't be called an STANDARD (PTS). if it wasn't a standard. Yup,
it's binding. Call 'em up like you finally did last time.