FAR 61.23 conflict with Order 8900.2A
The following correspondence was sent to examiners, if you happened to miss the email, please note:
“Please be advised that a conflict with FAR 61.23 and Order 8900.2A was recently discovered concerning the requirement of a CFI holding a medical certificate while taking a practical test in an aircraft.
FAR 61.23 (a)(3)(vi) requires a CFI applicant to hold at least a 3rd class medical certificate while Order 8900.2A, Chapter 7, Section 16, par 96(b)(2) gives the procedure for the DPE to conduct the practical test in an aircraft if the applicant does not hold the required certificate.
As a reminder, an FAA order does not overrule an FAR. The applicant is required to hold at least the 3rd class Medical Certificate.
AFS650 has been informed of this discrepancy and will be making the necessary change to the order to reflect the FAR requirement.”