Regulation Text
§ 61.40 Relief for U.S. Military and civilian personnel who are assigned outside the United States in support of U.S. Armed Forces operations.
(a) Relief. A person who satisfies the requirements of paragraph (b) of this section may use the following documents to demonstrate eligibility to renew a flight instructor certificate, establish recent flight instructor experience, take a practical test, or renew an inspection authorization, as appropriate:
(1) For flight instructor certificates issued before December 1, 2024, an expired flight instructor certificate to show eligibility for renewal of a flight instructor certificate under § 61.197;
(2) Except as provided in paragraph (a)(3) of this section, for flight instructor certificates issued after December 1, 2024, a record demonstrating the last recent experience event accomplished under § 61.197 to show eligibility to reestablish recent experience under § 61.197;
(3) For persons who were issued a flight instructor certificate after December 1, 2024, and who served in a U.S. military or civilian capacity outside the United States in support of a U.S. Armed Forces operation for some period of time during the 24 calendar months following the issuance of the person's flight instructor certificate, a flight instructor certificate demonstrating the date of issuance to show eligibility to establish recent experience under § 61.197;
(4) An expired written test report to show eligibility under this part to take a practical test;
(5) An expired written test report to show eligibility to take a practical test required under part 63 of this chapter; and
(6) An expired written test report to show eligibility to take a practical test required under part 65 of this chapter or an expired inspection authorization to show eligibility for renewal under § 65.93.
(b) Eligibility. A person is eligible for the relief specified in paragraph (a) of this section if that person meets the following requirements:
(1) The person must have served in a U.S. military or civilian capacity outside the United States in support of a U.S. Armed Forces operation during some period of time beginning on or after September 11, 2001;
(2) One of the following occurred while the person served in an operation as set forth in paragraph (b)(1) of this section or within 6 calendar months after returning to the United States—
(i) The person's flight instructor certificate issued before December 1, 2024, airman written test report, or inspection authorization expired; or
(ii) For flight instructor certificates issued after December 1, 2024, the person has not met the flight instructor recent experience requirements within the preceding 24 calendar months in accordance with § 61.197; and
(3) The person complies with § 61.197 or § 65.93 of this chapter, as appropriate, or completes the appropriate practical test within 6 calendar months after returning to the United States.
(c) Required documents. To exercise the relief specified in paragraph (a) of this section, a person must complete and sign an application appropriate to the relief sought and send the application to the appropriate Flight Standards office. The person must include with the application one of the following documents, which must show the date of assignment outside the United States and the date of return to the United States:
(1) An official U.S. Government notification of personnel action, or equivalent document, showing the person was a civilian on official duty for the U.S. Government outside the United States and was assigned to a U.S. Armed Forces operation some time on or after September 11, 2001;
(2) Military orders validating the person was assigned to duty outside the United States and was assigned to a U.S. Armed Forces operation some time on or after September 11, 2001; or
(3) A letter from the person's military commander or civilian supervisor providing the dates during which the person served outside the United States and was assigned to a U.S. Armed Forces operation some time on or after September 11, 2001.
[Docket FAA-2023-0825, Amdt. 61-155, 89 FR 80050, Oct. 1, 2024]
Research Notes
Research Notes — § 61.40 Relief for U.S. Military and Civilian Personnel Assigned Outside the United States
Purpose
Section 61.40 provides regulatory relief to military and civilian personnel who, while serving in support of U.S. Armed Forces operations outside the United States, allowed their aviation documents to expire. Without this provision, a pilot returning from deployment would be barred from using an expired written test report to take a practical test — a procedural penalty that would disadvantage people who served their country in the field.
What Documents Can Be Used Despite Expiration
Under paragraph (a), an eligible person may use: an expired flight instructor certificate for renewal purposes; an expired written (knowledge) test report to qualify for a practical test under Parts 61, 63, or 65; and an expired inspection authorization for renewal. The specific relief differs for FI certificates issued before vs. after December 1, 2024, reflecting the recent overhaul of the flight instructor renewal system under Amdt. 61-155.
Eligibility Conditions
To qualify, three conditions must be met (paragraph (b)): (1) the person served in a U.S. military or civilian capacity outside the United States in support of a U.S. Armed Forces operation on or after September 11, 2001; (2) the relevant document expired during that service or within 6 calendar months of returning; and (3) the person completes the renewal or practical test within 6 calendar months of returning to the United States. The 6-month window from return date is the critical timeline.
Application Process
The person must complete and sign an appropriate application and submit it to the local Flight Standards office with supporting documentation — official personnel action notices, military orders, or a signed letter from the military commander or civilian supervisor showing assignment dates. Self-certification is not sufficient; the dates must be documented by an official source.
Recent Amendment (2024)
This section was substantially revised by Amdt. 61-155 (effective December 2024) to accommodate changes to the flight instructor certificate system and add clarity on the December 1, 2024 transition date for new vs. old FI certificates. The pre-amendment version was simpler — the current text reflects the complexity introduced by the new FI renewal framework. Always check current text at eCFR § 61.40.
Amendment History
AOA Notes
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CFI Commentary
Highlighted phrases in the regulation text above link to instructor notes at the bottom of this page. Look for the amber or blue highlights — each one flags a gotcha or a pro tip worth knowing.