Which non-compliance with flight crew regulations is explicitly named in ARA.FCL.250 as a ground for action?

The rule lists 7 distinct circumstances: (1) falsification of documentary evidence to obtain a licence/rating/certificate; (2) falsification of logbook or licence/certificate records; (3) non-compliance with Part-FCL, Part-BFCL or Part-SFCL; (4) exercising privileges under the influence of alcohol or drugs; (5) non-compliance with operational requirements; (6) malpractice or fraudulent use of certificate; (7) unacceptable performance as flight examiner.

ARA.FCL.250 Limitation, suspension or revocation of licences, ratings and certificates

Q: Under ARA.FCL.250, in which circumstances must the competent authority limit, suspend or revoke a pilot licence or associated ratings?

The competent authority shall limit, suspend or revoke a pilot licence and associated ratings or certificates in accordance with ARA.GEN.355 in, but not limited to, the following circumstances: (1) obtaining the pilot licence, rating or certificate by falsification of submitted documentary evidence; (2) falsification of the logbook and licence or certificate records; (3) the licence holder no longer complies with the applicable requirements of Part-FCL, Part-BFCL or Part-SFCL; (4) exercising the privileges of a licence, rating or certificate when adversely affected by alcohol or drugs; (5) non-compliance with the applicable operational requirements; (6) evidence of malpractice or fraudulent use of the certificate; or (7) unacceptable performance in any phase of the flight examiner's duties or responsibilities.

Q: Can a pilot request their own licence suspension under ARA.FCL.250?

No, the competent authority may also limit, suspend or revoke a licence, rating or certificate upon the written request of the licence or certificate holder.

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ARA.FCL.250 Limitation, suspension or revocation of licences, ratings and certificates

Regulation (EU) 2020/359

(a) The competent authority shall limit, suspend or revoke as applicable a pilot licence and associated ratings or certificates in accordance with ARA.GEN.355 in, but not limited to, the following circumstances:

(1) obtaining the pilot licence, rating or certificate by falsification of submitted documentary evidence;

(2) falsification of the logbook and licence or certificate records;

(3) the licence holder no longer complies with the applicable requirements of Annex I (Part‑FCL), Annex III (Part-BFCL) to Commission Regulation (EU) 2018/395 or Annex III (Part‑SFCL) to Commission Implementing Regulation (EU) 2018/1976;

(4) exercising the privileges of a licence, rating or certificate when adversely affected by alcohol or drugs;

(5) non-compliance with the applicable operational requirements;

(6) evidence of malpractice or fraudulent use of the certificate; or

(7) unacceptable performance in any phase of the flight examiner’s duties or responsibilities.

(b) The competent authority may also limit, suspend or revoke a licence, rating or certificate upon the written request of the licence or certificate holder.

(c) All skill tests, proficiency checks or assessments of competence conducted during suspension or after the revocation of an examiner’s certificate will be invalid.

Details

Source-Title: ARA.FCL.250 Limitation, suspension or revocation of licences, ratings and certificates View latest amendments

Erulesid: ERULES-1963177438-10964 Compare versions

Domain: Aircrew

Applicabilitydate: 8 April, 2020

Entryintoforcedate: 25 March, 2020

Regulatorysource: Regulation (EU) 2020/359 Navigate

Regulatorysubject: Part-ARA

Typeofcontent: IR (Implementing rule)

Origin: EASA

Category: EAR