DPEs are people too

interesting structure of that rule. Paragraph a) calls out Alaska. Paragraph b) calls out Alaska. ParGraph c) does not. Give that a, b, and c are equal paragraphs and c) omits Alaska, my read is that it was intended to apply everywhere.

Possibly not the intent, but in law the words or absence of words are significant.

You are correct. Paragraphs of equal indent do not pass requirements between them. So Paragraph (c) is not limited to Alaska.

BUT, look at what it IS limited to. And that is Gyroplanes, Powered Parachutes, and Weight Shift Control Aircraft. Paragraph (c) does NOT allow you to have a ASEL PPL without night experience.
 
So, another poorly worded regulation.

Not at all. Paragraph (c) only applies to a few types of aircraft. The Alaska exemption is not. And the reason for the Alaska exemption is simple. You could start and end your training without it ever BEING legally night.
 
(c) A person who does not meet the night flying requirements in § 61.109(d)(2), (i)(2), or (j)(2) may be issued a private pilot certificate with the limitation “Night flying prohibited.” This limitation may be removed by an examiner if the holder complies with the requirements of § 61.109(d)(2), (i)(2), or (j)(2), as appropriate

61.110 is "Night flying exceptions," not "Alaska night flying exceptions." Paragraphs (a) and (b) relate to Alaska. Paragraph (c) does not. The last paragraph is a general exception that isn't limited to any particular state.

But it IS limited to the types of aircraft that it applies to.
 
You are correct. Paragraphs of equal indent do not pass requirements between them. So Paragraph (c) is not limited to Alaska.

BUT, look at what it IS limited to. And that is Gyroplanes, Powered Parachutes, and Weight Shift Control Aircraft. Paragraph (c) does NOT allow you to have a ASEL PPL without night experience.


Your are quite correct, sir! :)
 
The CFR controls this, not the designee's handbook.

Let's get the whole story straight from the regs, shall we?

61.110 Night flying exceptions.

(a) Subject to the limitations of paragraph (b) of this section, a person is not required to comply with the night flight training requirements of this subpart if the person receives flight training in and resides in the State of Alaska.

(b) A person who receives flight training in and resides in the State of Alaska but does not meet the night flight training requirements of this section:

(1) May be issued a pilot certificate with a limitation “Night flying prohibited”; and

(2) Must comply with the appropriate night flight training requirements of this subpart within the 12-calendar-month period after the issuance of the pilot certificate. At the end of that period, the certificate will become invalid for use until the person complies with the appropriate night training requirements of this subpart. The person may have the “Night flying prohibited” limitation removed if the person -

(i) Accomplishes the appropriate night flight training requirements of this subpart; and

(ii) Presents to an examiner a logbook or training record endorsement from an authorized instructor that verifies accomplishment of the appropriate night flight training requirements of this subpart.

(c) A person who does not meet the night flying requirements in § 61.109(d)(2), (i)(2), or (j)(2) may be issued a private pilot certificate with the limitation “Night flying prohibited.” This limitation may be removed by an examiner if the holder complies with the requirements of § 61.109(d)(2), (i)(2), or (j)(2), as appropriate.​


61.110 is "Night flying exceptions," not "Alaska night flying exceptions." Paragraphs (a) and (b) relate to Alaska. Paragraph (c) does not. The last paragraph is a general exception that isn't limited to any particular state.

It helps to read the entire regulation.

Reread paragraph (c). The exceptions are 61.109(d)(2) For a gyroplane rating, 61.109(i)(2) For a powered parachute rating. and 61.109(j)(2) For a weight-shift-control aircraft rating
 
It helps to read the entire regulation.

Reread paragraph (c). The exceptions are 61.109(d)(2) For a gyroplane rating, 61.109(i)(2) For a powered parachute rating. and 61.109(j)(2) For a weight-shift-control aircraft rating


Yes, that’s correct. But not limited to Alaska.
 
Give that a, b, and c are equal paragraphs and c) omits Alaska, my read is that it was intended to apply everywhere. .

It does not apply everywhere. Paragraph (c) applies to gyroplanes, balloons and powered parachutes.

Let's get the whole story straight from the regs, shall we?

You did an inadequate job of getting "the whole story straight".
 
It does not apply everywhere. Paragraph (c) applies to gyroplanes, balloons and powered parachutes.



You did an inadequate job of getting "the whole story straight".

Almost anything written by any regulatory agent requires explaining, an interpreter, or a lawyer to get the "whole story straight". If they were all written clearly there would never be any misunderstandings.

Even at that it can come down to the mindset of the regulator or judge and their personal "Interpretation" of the law or regulation.
 
When I was a CFI back in the late ‘80s, I had a student who was a former Army helicopter stick. In his civilian life he wanted his PPL ASEL.
I guess I blew it on the regs, as I interpreted them that he did not need night training. Anyway, he came back from his checkride with a ASEL rating, with a night restriction. This was in Connecticut.
He needed to show the night requirements in his logbook, then have the restriction removed. No further checkride.
 
You blew it, but so did the examiner.
 
When I was a CFI back in the late ‘80s, I had a student who was a former Army helicopter stick. In his civilian life he wanted his PPL ASEL.
I guess I blew it on the regs, as I interpreted them that he did not need night training. Anyway, he came back from his checkride with a ASEL rating, with a night restriction. This was in Connecticut.
He needed to show the night requirements in his logbook, then have the restriction removed. No further checkride.

Different regulation. The night flying requirement was added in 1997. The previous requirement was "3 hours of flight at night, including ten takeoffs and ten landings for applicants seeking night flying privileges." The FAA as part of its major rewrite to PArt 61 decided that it wanted night flying to be required for everyone.

You may view the final rule from April 1997 here:
https://www.govinfo.gov/content/pkg/FR-1997-04-04/pdf/97-7450.pdf

The previous version of Part 61 from January 1997 may be read here:
https://www.govinfo.gov/content/pkg/CFR-1997-title14-vol2/pdf/CFR-1997-title14-vol2.pdf

Note that even in Alaska, you have 12 months to meet the night flying requirement or your certificate is suspended.
 
True, I did not realize that the old regs allowed that.
 
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