On Wednesday, April 13, 2016 at 11:10:09 PM UTC-5, Bill T wrote:
61.313 identifies that the sport pilot applicant with more than 20hrs in airplane or not still requires solo time.
Are we running into the same problem with the flight review requirement?

BillT

I believe since the subject applicant is already a Commercial Pilot, he is not applying for a Sport Pilot certificate. So 61.313 does not apply, only 61.309 and 61.311. He would be applying for a Sport Pilot Flight Proficiency Check, not a Sport Pilot Practical Test. The sample CFI endorsement in AC 61-65F does not call out 61.313 for the Sport Pilot Proficiency Check, whereas it does for the Sport Pilot Practical Test. If this is true, then the way I read it there is no minimum flight time and no minimum solo requirement for this applicant, just the required test prep flights.

Regardless, if he is PIC during any pre-check solo, or during the Flight Proficiency Check, I believe the Beard interpretation would apply here too.