Can you appeal an FAA failed checkride??

[EOpilot]

You shouldn't have needed X-C time. You shouldn't have needed any time at all for an add-on class rating.

See 61.63(c).

That would be true if I had pursued my Multi add-on under the same rules as my original Comm certificate. But since I obtained my Comm under the reduced hour requirement of part 141, I didn't have enough X-C time to qualify for a part 61 Multi add-on.

 

[A Squared]

There is another aspect of this that no-one but Jedi has commented on, and then only briefly:

"I have a problem with this DPE acting like a DME (Designated Mechanic Examiner) and forcing the applicant to accept the DPE's incorrect information."

Folks, the examiner is wrong. It is entirely possible for the second guy to receive a second STC for shortening the wings of his airplane. The FAA won't issue an STC for the exact same modification, performed in exactly the same manner, but if the second guy came up with a slightly different modification; say cut off only 2 inches, instead of the 3 inches that the first guy cut off, or he used a different wingtip after shortening the wing, he could get his own STC (he would have to, as his modification wouldn't comply with the first STC.


Just for example; there are at least 2 different STC's held by 2 different entities for installing an O-360 lycoming in a Cessna 170, there may be more.

Another example is STOL kits which have leading edge cuffs and stall fences for 100 series Cessnas. Just off the top of my head there's Horton, Owl, Bush, Sportsman, and Robertson (although the Robertson conversion also makes the ailerons droop as flaps are extended), but they all involve leading edge cuffs and stall fences at the Aileron/flap junction

Anyway, saying that the second guy would have to buy the STC from the first guy if he wanted to shorten his wings just ain't true.

 

[350DRIVER]

350DRIVER, those cases I mentioned were from people that had failed rides with a DPE, thought the PTS was not met by the DPE, successfully took a new checkride ride with the FAA, and had the DPE failure removed from their records. The only definitive answer on an endorsement would come from the FAA's National Legal Counsel after writing a request for clarification.

I do not doubt your experiences with this "specific" fsdo, I do however believe that this is surely not the norm regarding the issue of "failed rides". If this truly was the case then every student who has busted with a dpe would simply go to the fsdo and do a re-test with the hope of wiping the slate clean and removing the failure from the file. I have seen no where in writing that states or backs this point up. It has been my experience that the applicant can go to the fsdo with the additional training & endorsement after a failed ride, re-test, make a complaint, and have the FAA look into the "appeal". The FAR's make it extremely clear that additional training & endorsements are required before the student does the re-test. There are no "grey" areas with regards to this. I suggest you take a look at 61.49 (a) (1) (2).

As for the need to contact the legal counsel, I see no reason to do such a thing since the regulations clearly state what is required and what is not. I am still unable to locate where the FAA would "wipe the first bust" off of the applicant's record, so I once again will patiently await your response where you have found the information at.


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[B190Captain]

I failed my type ride because a J@ckass fed and the gutless check airman that let it all happen combined 2 maneuvers in one which I was never trained to do.

Get a load of this, the 2 maneuvers were:

An approach to landing stall in the dirty configuration mixed with a V1 cut at 6500 feet.

I spoke to my POI a couple of years later if I can appeal and he said it's an uphill battle to the same outcome.

I would just deal with it.