I don't think you have this quite right, but I am certainly no expert.
As I understand it neither pilot can fly under sport pilot if they know that
their condition is an impairment to safe operation.
Now, the experienced pilot who lost his medical certainly knows this (at
least knows that it is the FAA's opinion), and there is proof. The new
pilot may either not know this, or "elect" to not know this, and the worst
he will likely suffer bureaucratically is losing his new privileges. The
fact that he is at risk for real problems is another discussion.
I suspect that before too long the FAA will publish a laundry list for the
sport pilots to help them police themselves. So if you are upset about the
loophole and its potential to penalize the formerly certidfied pilot, rest
assured, the loophole will likely close.
Also, try to put on the hat of the bureaucrat. They have all decided that
it is unsafe for people with a list of conditions to fly. If they were to
suddenly turn around and so it is safe for them to fly, just in sport
planes, then what are they going to say when a pedestrian gets killed by a
sport plane piloted by a guy who formerly lost his medical? Their number
one priority is keeping their job long enough to get their pension, and this
sort of thing could keep that from happening.
Now, you also threw out some frustration over whether the condition you
mention should be considered a problem or not. I feel your pain, but you
have to know that the bureaucrat will choose the CYA answer everytime. The
only solution is to get all the folks on this drug together, and lobby for a
change. Numbers are the answer.
"frustrated flier" wrote in message
m...
I am unclear on two Sport Pilot issues: First, a new pilot may qualify
for a Sport Pilot ticket even though he or she takes a medication that
would preclude a 3rd class medical. However, an experienced pilot with
a higher ticket may not operate as a Sport Pilot if he lost a medical
last year for taking the same medication. In other words, both pilots
have exactly the same medical history: One is allowed to fly as a
Sport Pilot and the other is not.
For the second issue, let's assume the medication is an SSRI where the
preponderance of medical opinion is that the medication does not
impair a pilot and makes them less of a risk if they need it. This is
the same medication that has been commonly prescribed to combat Navy
carrier pilots and Canadian fliers for years without issues. The same
medication that was prescribed for the ATP who will fly your family
home for Christmas but he cannot take it out of fear of losing his
medical.
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