Regulation (EU) 2016/539
(a) Holders of a pilot licence for aeroplanes or helicopters shall only act as PIC in category 1 or 2 flight tests, as defined in Part-21, when they hold a flight test rating.
(b) The obligation to hold a flight test rating established in (a) shall only apply to flight tests conducted on:
(1) helicopters certificated or to be certificated in accordance with the standards of CS-27 or CS-29 or equivalent airworthiness codes; or
(2) aeroplanes certificated or to be certificated in accordance with:
(i) the standards of CS-25 or equivalent airworthiness codes; or
(ii) the standards of CS-23 or equivalent airworthiness codes, except for aeroplanes with an maximum take-off mass of less than 2 000 kg.
(c) The privileges of the holder of a flight test rating are to, within the relevant aircraft category:
(1) in the case of a category 1 flight test rating, conduct all categories of flight tests, as defined in Part-21, either as PIC or co-pilot;
(2) in the case of a category 2 flight test rating:
(i) conduct category 1 flight tests, as defined in Part-21:
— as a co-pilot, or
— as PIC, in the case of aeroplanes referred to in (b)(2)(ii), except for those within the commuter category or having a design diving speed above 0,6 mach or a maximum ceiling above 25 000 feet;
(ii) conduct all other categories of flight tests, as defined in Part-21, either as PIC or co-pilot;
(3) conduct flights without a type or class rating as defined in Subpart H, except that the flight test rating shall not be used for commercial air transport operations.
(d) Applicants for the first issue of a flight test rating shall:
(1) hold at least a CPL and an IR in the appropriate aircraft category;
(2) have completed at least 1 000 hours of flight time in the appropriate aircraft category, of which at least 400 hours as PIC;
(3) have completed a training course at an ATO appropriate to the intended aircraft and category of flights. The training shall cover at least the following subjects:
— Performance,
— Stability and control/Handling qualities,
— Systems,
— Test management,
— Risk/Safety management.
(e) The privileges of holders of a flight test rating may be extended to another category of flight test and another category of aircraft when they have completed an additional course of training at an ATO.