Procedures for the implementation of PBN requirements in Germany (Regulation (EU) No 2016/539)
The Federal Office of Civil Aeronautics (Luftfahrt-Bundesamt) informs that the procedures for the implementation of PBN requirements are described in the NFL 2-376-17.
According to No 2.3 of the NFL 2-376-17 a record of the successful demonstration of competency in PBN has to be entered in the pilot’s logbook or an equivalent document by the examiner, if the pilot has completed training (in theory and practice) and has passed either a skill test or a proficiency check. Pilots who have received adequate theoretical and practical PBN training in the past will be deemed to have fulfilled the PBN theoretical and practical training requirements.
The entry has to be signed by the examiner mentioning the examiner’s name and number. There is no additional entry in the license document.
German Examiners who wish to conduct check flights including PBN-competence check must be familiar with PBN procedures and the corresponding theoretical background. From 25th August 2018 onwards, they also must have the above named logbook entry to conduct skill test/ proficiency checks.
There is no additional entry in any document for examiners.
In Article 4a (2)(c), Commission Regulation (EU) 2016/539 not only employs the terms “skill test” and “proficiency check” as pre-defined legal terms, but explicitly refers to the corresponding appendix of Part-FCL in the actual text of the Commission Regulation as well:
“(c) the pilot has successfully completed either a skill test in accordance with Appendix 7 to Annex I (Part-FCL) or a skill test or a proficiency check in accordance with Appendix 9 of Annex I (Part-FCL).”
Accordingly, from 25 August 2018, PBN competency must be established following Commission Regulation (EU) No. 1178/2011. Due to the clear legal definition, it is not possible to interpret the legal basis previously mentioned as to permit the possibility of crediting also OPC following Commission Regulation (EU) No. 965/2012 (ORO.FC.230(b)).
If an OPC is identical to the LPC, it may be used in order to acquire PBN privileges. Thereto, it is imperative for the examiner to create a report of the proficiency check in accordance with FCL.740.A and to submit it to the competent authority as ever. As far as no revalidation of the type rating is intended by means of this check, the remarks field of the examiner’s report, aside from the remark “PBN competency demonstrated”, must contain some indication that this proficiency check was only performed to acquire PBN privileges.