Class III vs. Class II medical

No, it isn't 'dead'. I went through this exact problem this last year,
when my application for a renewed Class II medical had to be sent over
to OK City, due to a medication I was taking. I still had 2 years
remaining on the 'Class III' component of my medical. I talked to the
AOPA, and they said they have case law as well as an FAA opinion
supporting the contention that the Class III component remains viable;
the AME concurred, as did one of the most experienced DEs in the
country, with whom I took my CFI checkride while the medical was under
review. In fact *he* had a nearly identical experience before, and said
he had talked to the regional Flight Surgeon, who concurred that the
remaining component was valid.

Look on your medical certificate itself. On the back, it states

"Unless reversed or otherwise limited in duration, this certificate, in
accordance with 61.23 (14 CFR part 61) becomes valid for the time
limits specific below."

There is a huge difference betewwn a 'denial' and a 'deferral'. 99% of
the time when an AME punts up the chain, he defers the decision. He
does not physically take your medical certificate away. He does not
'deny' you a certificate. He does not 'reverse' it. The FAA does not
send you a registered letter indicating the suspension or reversal of
the certificate. If it isn't in the FARs (it isn't), and it isn't on
the medical (it isn't), and it isn't on anything you sign or agree to,
how on earth could the FAA make a case that the remaining component was
invalid? Where is the regulatory basis for that assertion?

Please find me *any* 'black letter' documentation in Part 67 or part 61
of the FARs that supports the notion that as soon as you apply for a
new medical, your old one becomes invalid. You won't, because it
doesn't exist.

I think your AME told you wrong.

Cheers,

Cap



Steve.T wrote:
Uh, it isn't. In fact, I found out that your existing medical is
*DEAD*
upon filling out the official form for a new medical. I found that
out
when I had to report an irregular heart beat and had to do the Holter
monitor, Stress EKG and echo-cardiograph (they use a sonogram to
examine your heart to see if it has valve problems, etc.).

I had thought that my old Class III was still valid and was flying
with
it. The senior AME that had to review all the records I took him
informed me that my old medical was dead the moment my pen hit the
new
official form!

And because I had all the paperwork already done (thank you AOPA) and
was able to submit it to that Sr AME, he decided to issue the Class
III
and make the FAA Medical people issue a cancellation -- because it is
only noticeable by me at rest!

Later,
Steve.T
PP ASEL/Instrument

ps. I just have an irregular heart beat. But now that I've gone
through
all this, I should easily pass the Class I.