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Old July 20th 04, 06:50 PM
Juan~--~Jimenez
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Default 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Certificate (Authorization) has been withdrawn would be allowed to operate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been revoked or suspended.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Authorization must not have been withdrawn."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withdrawn.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