If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. |
|
|
Thread Tools | Display Modes |
#1
|
|||
|
|||
Sport Pilot cuts off special issuance at the knees
From the Sport Pilot final rule:
"The FAA has reconsidered the circumstances in which a current and valid U.S. driver's license should be allowed in lieu of a valid airman medical certificate and has made substantive revisions to the medical provisions in the final rule. These revisions are based on the FAA's concern that pilots whose airman medical certificates have been denied, suspended, or revoked or whose Authorization for Special Issuance of a Medical Certificate (Authorization) has been withdrawn would be allowed to operate light-sport aircraft other than gliders and balloons under the proposed rule. Therefore, possession of a current and valid U.S. driver's license alone is not enough to dispel this concern. For this reason, this final rule permits using a current and valid U.S. driver's license as evidence of medical qualification based on certain conditions. If a person has applied for an airman medical certificate, that person must have been found eligible for the issuance of at least a third-class airman medical certificate. If a person has held an airman medical certificate, that person's most recently issued airman medical certificate must not have been revoked or suspended. If a person has been granted an Authorization, that Authorization must not have been withdrawn." "The medical provisions proposed in SFAR No. 89 sections 15, 35, and 111 are transferred to §§61.3 and 61.23. Under §61.23 (c)(2)(i), a requirement is added that each restriction and limitation, including those imposed by judicial and administrative order on a current and valid U.S. driver's license, apply at all times when a U.S. driver's license is used to meet the requirements of this section." "In addition, language is added to paragraph (c)(2) to provide that persons may not use a current and valid U.S. driver's license as evidence of medical qualification if his or her most recent application for an airman medical certificate has been denied based on being found not eligible for the issuance of at least a third-class airman medical certificate, his or her most recently issued airman medical certificate has been suspended or revoked, or his or her most recent Authorization has been withdrawn. Further, that person must not know or have reason to know of any medical condition that would make him or her unable to operate a light-sport aircraft in a safe manner." In other words, if you have a special issuance medical for _any_ reason, sorry, you _must_ continue to pay through the nose and jump through Silberman's Hoops and Obstacle Course, rather than dealing with your family doctor as was originally planned (in exchange for limiting the type of aircraft and flying that you can do), because if you don't, your special issuance medical expires and will be either suspended, revoked or withdrawn, and you can't fly with a DL. What this boils down to is that the wording of the rule allows the FAA to take administrative action against you if you fly LSA's, you were issued a special issuance, and you do not continue to follow the steps to continue to qualify WITH THE FAA for that special issuance medical certificate. Here we go again. In my opinion, we might as well call the thing "Recreational Pilot Certificate, Part II." sigh Juan |
#2
|
|||
|
|||
"Juan~--~Jimenez" b*d&5^-*@()--b(d)5+.!c#o$m wrote in message
... What this boils down to is that the wording of the rule allows the FAA to take administrative action against you if you fly LSA's, you were issued a special issuance, and you do not continue to follow the steps to continue to qualify WITH THE FAA for that special issuance medical certificate. Here we go again. In my opinion, we might as well call the thing "Recreational Pilot Certificate, Part II." This is not correct. The rule clearly says, and I quote: Question: Is the special issuance of a medical certificate under §67.401 considered a denial of an application for an airman medical certificate? Response: No. A pilot who has received a special issuance of a medical certificate may also exercise sport pilot privileges using a U.S. driver’s license, provided he or she is medically fit to fly. Rich S. |
#3
|
|||
|
|||
"Todd Pattist" wrote in message
... In my case, I own a glider (no medical req'd) and a 7AC Champ that qualifies under the SP rules. I'm probably going to skip the medical because I now run the risk of losing the right to fly my Champ if there are medical hassles and I don't want to or can't afford to jump through the medical hoops. I think you will be complying with both the spirit and the letter of the new rules. Rich S. |
#4
|
|||
|
|||
Todd Pattist wrote in
: Question: Is the special issuance of a medical certificate under §67.401 considered a denial of an application for an airman medical certificate? Response: No. A pilot who has received a special issuance of a medical certificate may also exercise sport pilot privileges using a U.S. driver’s license, provided he or she is medically fit to fly. That's not the point, the point is that you cannot exercise LSA pilot privileges with a DL if you were issued a special issuance medical and do not continue to meet the requirements and have it renewed. Why? Because if you let it expire it is essentially revoked. It's also seems pretty clear that allowing a normal medical to expire or allowing a special issuance medical to expire is OK and still allows you to fly with a DL: NO, this is NOT what the rule says. "The FAA acknowledges that those interested only in exercising sport pilot privileges may not seek airman medical certification or may allow their current airman medical certificate to expire. This is acceptable under this rule." But it does NOT say that letting SPECIAL ISSUANCE medicals is acceptable unde the rule. In my case, I own a glider (no medical req'd) and a 7AC Champ that qualifies under the SP rules. I'm probably going to skip the medical because I now run the risk of losing the right to fly my Champ if there are medical hassles and I don't want to or can't afford to jump through the medical hoops. I suggest you consult with your AME first. If you are a member of AOPA, contact their aeromedical dept and get their opinion as well. Until there is a PUBLISHED interpretation that allows special issuance medical holders to let them expire and fly LSA-qualified aircraft with their DL's only, you run the risk of having the FAA file an enforcement action against you. Juan |
#5
|
|||
|
|||
"Rich S." wrote in
: "Todd Pattist" wrote in message ... In my case, I own a glider (no medical req'd) and a 7AC Champ that qualifies under the SP rules. I'm probably going to skip the medical because I now run the risk of losing the right to fly my Champ if there are medical hassles and I don't want to or can't afford to jump through the medical hoops. I think you will be complying with both the spirit and the letter of the new rules. Rich S. Are you willing to bet YOUR wallet on this statement of yours, Rich? If Todd goes ahead with this plan and he finds himself in the middle of an enforcement action, are you going to back him up financially and legally? Juan |
#6
|
|||
|
|||
At the risk of stating obvious, when were you ever checked for a current
medical? I know several people that fly without. Your biggest problem is getting insurance without a medical or having the FAA come around after an accident. .. "Juan Jimenez" wrote in message ... Todd Pattist wrote in : Question: Is the special issuance of a medical certificate under §67.401 considered a denial of an application for an airman medical certificate? Response: No. A pilot who has received a special issuance of a medical certificate may also exercise sport pilot privileges using a U.S. driver’s license, provided he or she is medically fit to fly. That's not the point, the point is that you cannot exercise LSA pilot privileges with a DL if you were issued a special issuance medical and do not continue to meet the requirements and have it renewed. Why? Because if you let it expire it is essentially revoked. It's also seems pretty clear that allowing a normal medical to expire or allowing a special issuance medical to expire is OK and still allows you to fly with a DL: NO, this is NOT what the rule says. "The FAA acknowledges that those interested only in exercising sport pilot privileges may not seek airman medical certification or may allow their current airman medical certificate to expire. This is acceptable under this rule." But it does NOT say that letting SPECIAL ISSUANCE medicals is acceptable unde the rule. In my case, I own a glider (no medical req'd) and a 7AC Champ that qualifies under the SP rules. I'm probably going to skip the medical because I now run the risk of losing the right to fly my Champ if there are medical hassles and I don't want to or can't afford to jump through the medical hoops. I suggest you consult with your AME first. If you are a member of AOPA, contact their aeromedical dept and get their opinion as well. Until there is a PUBLISHED interpretation that allows special issuance medical holders to let them expire and fly LSA-qualified aircraft with their DL's only, you run the risk of having the FAA file an enforcement action against you. Juan |
#7
|
|||
|
|||
"Cy Galley" wrote in
news:XffLc.128980$JR4.81709@attbi_s54: At the risk of stating obvious, when were you ever checked for a current medical? I know several people that fly without. Your biggest problem is getting insurance without a medical or having the FAA come around after an accident. Every time I rent I get checked for a current medical. Every time a medical I have on file expires I get a call from a company asking to please send the new one so they can have it on record the next time I want to rent. Anybody who doesn't want lawyers owning your estate darn well better have a current medical. I'm one of the honest ones, that must be the reason why the FAA makes my life so difficult... |
#8
|
|||
|
|||
"Cy Galley" wrote in message
news:XffLc.128980$JR4.81709@attbi_s54... At the risk of stating obvious, when were you ever checked for a current medical? I know several people that fly without. Your biggest problem is getting insurance without a medical or having the FAA come around after an accident. Another hitch that may need to be resolved is that of crossing the border. I understand that when returning to the U.S., a U.S. certificated pilot must show his license and medical to U.S. Customs inspectors. Inter-governmental agency co-ordination will be needed to clarify procedures and applicability of international licensing and certification. Wow! I damn near choked on that sentence. Rich "Don' throw me in that calabozo" S. |
#9
|
|||
|
|||
Todd Pattist wrote in
: I disagree. "Expiration" is different from "revocation." The latter implies affirmative action by the issuing authority to withdraw the medical, presumably for cause. The former does not carry that implication. If you let it expire you did not meet the requirements to have the medical, so by definition it is either revoked or suspended. You can't use it. For the purposes of the LSA that is how it can be interpreted. It is one thing to allow a normal medical to expire, but anyone who has a special issuance, by definition, does not qualify for a normal medical certificate. The letter that you are sent when you receive a special issuance medical is VERY specific: "You are ineligible for third-class medical certification under Title 14 of the Code of Federal Regulations (CFR's)," blah blah... "Not have had his or her most recently issued medical certificate (if the person has held a medical certificate) suspended or revoked or most recent Authorization for a Special Issuance of a Medical Certificate withdrawn;" Nowhere does the rule mention "expired." It refers throughout to affirmative actions by the FAA such as "suspended," "revoked" and "withdrawn." Todd, if you do not follow the requirements to renew your special issuance medical, the issue doesn't just lie in limbo, What makes you think it does? The FAA goes on to say: "These revisions are based on the FAA's concern that pilots whose airman medical certificates have been denied, suspended, or revoked or whose Authorization for Special Issuance of a Medical Certificate (Authorization) has been withdrawn would be allowed to operate light-sport aircraft" It seems clear to me that expired medical certificates, even ones under Special Issuance, are not going to prevent use of the DL as a medical. Yes, they will be. The paragraph above is part of the explanation of why the change was made at the last minute, without giving anyone a chance to have an opinion or complain!!! I don't have a special issuance medical, but even if I did, I'm comfortable that they would have said "expired" if they meant that everyone with a current medical had to keep getting one. That's not what they say either. Juan |
#10
|
|||
|
|||
"Juan~--~Jimenez" b*d&5^-*@()--b(d)5+.!c#o$m wrote in message ... From the Sport Pilot final rule: It sounds like you can just continue to keep your Special Issuance/3rd class in line until it expires and then you are free. Special issuances always have a time limit on them (usually a year) anyhow. |
Thread Tools | |
Display Modes | |
|
|
Similar Threads | ||||
Thread | Thread Starter | Forum | Replies | Last Post |
AOPA Stall/Spin Study -- Stowell's Review (8,000 words) | Rich Stowell | Aerobatics | 28 | January 2nd 09 02:26 PM |
sport pilot humor | Occom | Home Built | 0 | April 9th 04 04:22 PM |
Sport Pilot Leaves DOT for OMB, Latest News | Fitzair4 | Home Built | 3 | December 25th 03 02:49 AM |
New Sport Pilot Aircraft Website | Info | Home Built | 0 | November 29th 03 10:25 AM |
Sport Pilot Seminar & Fly-in | Gilan | Home Built | 0 | October 11th 03 05:21 AM |