Medical Certification Update

[Doc]

Hello: One of the things I like about this group is the ability to learn...and share that learning. Here is my update afer a very frank discussion with Bill Salazar, MD, Regional Flight Surgeon for the SW Region. 1. FAR 61.53 deals with all pilots...but under Sport Pilot ruling, the responsibility to determine medical fitness to fly lies with the pilot AND his/her personal physican - and medical certification under that rule may be done with a valid driver's license. For those pilots with a pilot certificate of Private and above, and wish to exercise the privileges of that higher certificate, determination of medical fitness begins with the AME and may ultimately be decided by the Federal Air Surgeon with a Medical Certificate, Special Issuance of a Medical Certificate, or Denial of a Medical Certificate. 2. If a pilot has ever been DENIED (this is relatively rare - usually heart or brain/nervous system related) a Medical Certificate, then using a Driver's License may not be possible. 3. If a pilot previously had a VALID Medical Certificate or Special Issuance of a Medical Certificate, and allowed it to LAPSE (without reporting a change in medical condition to the FAA), then that pilot may pursue self-certification with a Driver's License for Sport Pilot purposes if his/her physician concurs. 4. The Medical side of the FAA ENCOURAGES pilots to seek Special Issuance as it allows the pilot to fly at least at the 3rd Class level. 5. There has been at least one fatal crash of a Sport Pilot with a medical condition that is under legal action - the allegation is that the pilot was medically unqualifed to fly. 6. There has been threatened legal action against an AME who advised his pilot to seek Special Issuance of a Medical Certificate who was ultimately DENIED - the allegation is that if the pilot had not pursued this route, he could have had his personal physican help him self-certify with a DL. I am sorry for the confusion (mine) - but I will continue to help with any questions you might have - and ultimately hope that we all can keep at least a third class Medical Certificate. For those who need to go strictly Sport Pilot with a DL...keep 'em flying - and keep the questions coming! Doc

[paulp]

Re: Medical Certification Update

Howdy Doc,

First of all, many thanks for taking the time to research and verify a response to a tough question.

I think that ultimately, it is the pilots responsibility to determine his or her fitness to fly, either at a particular time or for future flights. A true professional will know when it's time to stand down and then stand up and admit it. No, it ain't easy and it ain't fun but it shows real character and THAT is the mark of a pro.

And remember, take offs are optional, landings are mandatory.

[selje]

Re: Medical Certification Update

Thanks for the research and follow up on this issue. This forum has a large number of people with complementary knowledge. Great to have you here.

[Dennis D'Angelo]

Re: Medical Certification Update

All:

I agree with PAULP, it is ultimately up to the pilot to certify his/her fitness before flight--regardless of license.

If a person meets the requirements for Sport Pilot license then they may operate accordingly. The real question is whether you can obtain insurance or obtain it a price you can afford.

According to EAA, if you qualify as a Sport Pilot the insurance carriers (applies to those that cover Sport Pilot) base their coverage decision and cost on your experience and not on any health related issues--if you qualify for Sport Pilot and have a good flying record then you usually can receive coverage.

You may wonder whether your carrier will cover you or your loved ones if you have an incident and are found to have a medical issue that would preclude you from obtaining an FAA Class III medical. If the incident was caused by a health related issue, then FAR 61.53 applies and there could be an issue with legality and coverage. If the incident was not health related, then the carrier should provide coverage.

Best to check with your insurance agent on these issues to be sure, since this is just my personal research. Let me know your thoughts.

dd

[Mark Julicher]

Re: Medical Certification Update

Dennis,
I guess you did not get the private e-mail I sent a week or two ago...
Just a note to say hi and come fly NC95312 and N96C next time you are in San Antonio. Mark Julicher & Rick Farley send...

[Dennis D'Angelo]

Re: Medical Certification Update

Mark:

I did and replied. I'll send another private reply

dd

[Forrest Barber]

Re: Medical Certification Update

DOC, I have been off the discussion group for 60 days. Too darn many irons in the fire... we e-mailed on another subject... There are two other Doc's in my life. You are indeed a welcome asset to this group. Anything I can do to help just let me know. This medical issue is discussed a lot and yours seems to be the most informative discussion I have seen available to our tribe. I may need to think along these lines sometime way in the future.....
At the moment I am working with folks to convert their ships to the BC12-D-85; ATC #696 , 1280 Gross airplane. This will be the finest LSA , certified that I can imagine. keep up the discussion.

[whake]

Re: Medical Certification Update

Thank you for the research that you have done on Medicals. I am concerned about your reference to "you and your Doctor". I think it is a mistake to put your doctor in a position of Liability in our sue happy world. The sport pilot program is designed to qualify you if you have a qualified drivers license. I would like to leave it right there. If you are interested you can fly VFR in England in a simple (C-172) four place light plane with a drivers license as a medical. The EAA sport pilot program is a great program for general aviation, it may prove to have a better safety record than conventional aviation.

Walter Hake
BC12D owner

[magman]

Re: Medical Certification Update

Dennis is correct with his concerns about insurance companies.
A friend recently paid his annual premium. As he normally does; he then
READ THE POLICY. He discovered that his company would only provide
coverage if EVERY FLIGHT was conducted with a CFI on board. That is their
policy for pilots over 80.
Previously they had required a Medical & BFR EVERY YEAR.
Note that FAA does NOT.
Guess it pays to read the policy & check CONDITIONS.
There are times the Ins. Co. is NOT your "friend".
BTW ; he now has a new "friend".

[Pearson]

Re: Medical Certification Update

Magman,

Do you know the name of the insurance company that imposed those restrictions on your friend's policy? I want to make sure I never insure with them.

[magman]

Re: Medical Certification Update

Something like;

Acft Specialties Insurance

Houston Tx

The significant thing is to READ THE POLICY.

There may be surprises.

Some companies do not allow photos below 1500 agl & some NOT AT ALL.

A camera on board VOIDS THE POLICY.

READ THE POLICY before you need it!

[Forrest Barber]

Re: Medical Certification Update

Don't cofuse " agency" with "company"; there are darn few companies. The agent merely shops around for you! I use Packer Insurance up here in Ohio .
http://www.aircraftinsurance.net/ I used to go direct to the Company; I found that the a GOOD agent is invaluable. Dick Packer and his staff are GOOD! Especially for the older pilot.