Insurance and liability

It is therefore the responsibility of the examiner to ensure that he/she is adequately insured for the occurrence of an incident, accident or a liability issue. 

The examiner is fully responsible for the safety during the skill test, proficiency check or assessment of competence, in an FSTD or when acting as PIC in an aircraft. There are two principal types of risk against which an examiner should consider insuring. First, the direct involvement during flying tests might lead to an accident and a claim for damages for loss or injury ensuing as a result of the accident. Secondly, professional indemnity, for example a claim made against the examiner by an applicant for an inadequate examination, or breach of contract. Examiners are advised to take professional advice concerning appropriate insurance covering their activities as a certified examiner.

An aircraft operator must have third party liability insurance, as required by Regulation (EC) No 785/2004 on insurance requirements for air carriers and aircraft operators. Such insurance may cover an examiner for personal liability in case of accident, however an examiner should always verify this carefully with the operator if he/she intends to rely on this insurance.