FAR 61.40 — Overseas Military Relief
FAR 61.40 explains how U.S. military and civilian personnel serving overseas can use expired certificates and test reports to renew flight instructor privileges.
In Plain English
FAR 61.40 provides regulatory relief for U.S. military members and civilians whose flight instructor certificate, written test report, or inspection authorization lapsed while they were serving outside the United States in support of U.S. Armed Forces operations on or after September 11, 2001.
If you qualify, you may use the following expired or dated documents to reestablish eligibility:
- An expired flight instructor certificate (issued before Dec 1, 2024) to renew under § 61.197.
- A record of your last recent experience event to reestablish CFI recent experience (certificates issued after Dec 1, 2024).
- For new CFIs issued after Dec 1, 2024 who deployed within 24 months of issuance, the certificate itself to establish recent experience.
- An expired written test report to take a practical test under Part 61, 63, or 65.
- An expired inspection authorization to renew under § 65.93.
To claim the relief, you must apply to the appropriate Flight Standards office with military orders, a personnel action, or a commander/supervisor letter showing your overseas assignment dates, and you must complete the renewal or practical test within 6 calendar months of returning to the U.S.
Regulation Text
14 CFR § 61.40§ 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)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)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)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]
Oral Exam Questions a DPE Might Ask
Q1Who is eligible for the relief provisions in FAR 61.40?
Per FAR 61.40(b), a person who served in a U.S. military or civilian capacity outside the United States in support of a U.S. Armed Forces operation any time on or after September 11, 2001, and whose certificate, test report, or IA expired during that service or within 6 months after returning.
Q2How long after returning to the U.S. do you have to complete the required renewal or practical test under FAR 61.40?
FAR 61.40(b)(3) requires the person to comply with § 61.197 or § 65.93, or complete the appropriate practical test, within 6 calendar months after returning to the United States.
Q3What documentation must you submit to claim relief under FAR 61.40?
Under FAR 61.40(c), you must send a signed application to the appropriate Flight Standards office along with either an official U.S. Government personnel action, military orders, or a letter from your commander or civilian supervisor showing the dates of your overseas assignment.
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Related Sections in Part 61