Old 12-25-2009 | 01:31 PM
  #41  
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From: JS32 FO
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Originally Posted by asdf
The problem is that those interpolations and extrapolations need to be consistent. If you want to assert that it's OK to nullify a student solo endorsement, but it's not OK to nullify a complex endorsement, then you have to explain what makes the two cases different. If you want to assert that it's OK to nullify your own solo endorsements, but it's not OK to nullify someone else's endorsements, then you have to explain what facts lead you to believe that.
I'm afraid you are trying to make a unified rule valid for all endorsements. Unfortunately, the FAA sees a difference in some endorsements, especially when it comes to student pilots. Because you don't need any kind of certificate to take lessons (until you reach solo flying) the CFI is going to be the one who takes the fall for any accidents. Would you disagree? Likewise, a CFI has a greater responsibility with a solo student than he/she has with a student who has a certificate. The onus is on that CFI. You asked earlier if we should sign someone off if we feel the need to watch over there shoulder the whole time. I ask another of your questions: Do we have a right to do so? I think, based on a number of actions and lawsuits against CFI's after tragic accidents, that we do have that right. Whether we should or shouldn't clearly belongs to an individual's rights and not a group rule, but we have the ability to do so. We can place limitations on endorsements.

The way I read the regs, the FAA makes no distinction that the person who signs their name has anything to do with the regs from that point on. Think of an endorsement as a branding iron. Each instructor, when endorsing a student, is a lot like branding a cow with an FAA seal. Any pilot that has been branded with the complex seal can act as PIC in a complex airplane. It doesn't matter who gave the seal, as long as they have it. The seal is the same for all pilots seeking complex privileges.
Again, a complex endorsement is given to a rated pilot who gets additional specific information necessary to operate an airplane. A solo endorsement encompasses a huge amount of knowledge which is considered foundational and is given to a person who may or may not have much experience with operating an airplane. I think we can appreciate the difference there.

When I endorse a student, it's not me who is granting the pilot the privileges. Its the FAA who is allowing me to grant the pilot the privilege in place of the FAA. Theres a small distinction there. I don't own an endorsement I have signed off on anymore than a DPE owns all the certificates he has signed off on.
Oddly enough, I've seen the FAA revoke certificates given by a DPE after he was found unsatifactory. This happened after several complaints were filed with the FSDO regarding the DPE. The FAA required several RATED pilots (some who had moved, or been flying perfectly well since their ride) to retest because the FAA was unsure if these pilots had been properly tested and rated all because of a DPE. In this business, liability is a huge issue and it is one that is incredibly sticky. I don't like it, but that is a part of this industry you have to accept.
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