nickwilcock wrote:'TrainingCom' does not override the 'hard law' of Part-FCL, which is whence my quote came.
I was at EASA when this first came up and the discussion was quite clear - FCL.945 instructors may only sign after completion of refresher training if all other requirements have previously been met. Otherwise an Examiner is required.
I don't think that is "quite clear". How long
Also, whilst training com cannot override Part.FCL (which I maintain is not explicit on this point), it is unrealistic to expect people to go to Part.FCL if they have otherwise got an answer from an official (i.e. CAA) published source.
It is not too much to expect the Regulator to be consistent.
In any case, what does it matter? In both cases the FCL.945 holder must check that all criteria have been met before signature. In practice it makes no difference to safety or legality of the pilot what order they met those criteria. Demanding an Examiner* needs to be found is nauseous process for nauseous process' sake - it doesn't add a jot to pilot safety or competence.
*Again, it is not clear from the wording in Part.FCL "Guidance to Instructors", even if it might have been at the meeting. It is what is in the docs that counts, not what is in meeting minutes or memories. This:
nickwilcock wrote:However, if the pilot hasn't completed the experience requirements before the refresher flying, then he/she will subsequently need to ask an Examiner to sign the Certificate of Revalidation once all requirements have been met. An FCL.945 Instructor may not do so in such circumstances.
...is not explicitly what is said by this:
FCL.945 Obligations for Instructors wrote::
Upon completion of the training flight for the revalidation of an SEP or TMG class rating in accordance with FCL.740.A (b)(1) and only in the event of fulfilment of all the other revalidation criteria required by FCL.740.A (b)(1) the instructor shall endorse the applicant's licence with the new expiry date of the rating or certificate, if specifically authorised for that purpose by the competent authority responsible for the applicant's licence.
There is nothing in the latter that says the requirements must be met before the training flight**, and there's nothing that explicitly says the FCL.945 instructor must immediately sign.
**I won't get on my hobby horse again about whether or not the body of Part.FCL requires a pilot to nominate in advance a specific flight to be used to meet the Revalidation by Experience criteria.