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Sport Pilot cuts off special issuance at the knees



 
 
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  #1  
Old July 20th 04, 09:59 PM
Juan Jimenez
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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Special Issuance of a Medical Certificate withdrawn;"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"suspended," "revoked" and "withdrawn."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withdrawn would be allowed to operate light-sport aircraft"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


  #2  
Old July 20th 04, 10:55 PM
Ron Natalie
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"Juan Jimenez" wrote in message ...
If you let it expire you did not meet the requirements to have the medical,
so by definition it is either revoked or suspended.


Bull****. It's just expired...you can't use it anymore. There's a difference between
expiration (which is without prejudice) and having it terminated by an explicit action.

  #3  
Old July 21st 04, 01:11 AM
Juan Jimenez
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"Ron Natalie" wrote in
m:


"Juan Jimenez" wrote in message
...
If you let it expire you did not meet the requirements to have the
medical, so by definition it is either revoked or suspended.


Bull****. It's just expired...you can't use it anymore. There's
a difference between expiration (which is without prejudice) and
having it terminated by an explicit action.


No, Ron. Suppose you get a letter from the FAA asking you for an update
of... say... your diabetic situation, from your doctor. What do you think
will happen if you ignore the letter and try to wait until the special
issuance expires, so that you can then fly LSA aircraft with a DL? (This is
no different than not sending in the required medical reports needed to
renew the special issuance medical; that request is made when you get the
medical in the first place.)

I'll give you one guess, and a hint: it's not an expiration and it will be
highly prejudiced. Make sure you check your sources, because I have the
answer right in front of me, in black and white, on FAA letterhead.

Juan

  #4  
Old July 21st 04, 01:26 AM
Rich S.
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"Juan Jimenez" wrote in message
...

I'll give you one guess, and a hint: it's not an expiration and it will be
highly prejudiced. Make sure you check your sources, because I have the
answer right in front of me, in black and white, on FAA letterhead.


And so what *is* the definition of "is"?

This is the archtypical example of phony news hacks trying to make something
out of nothing. I already posted the specific response of the FAA with
regard to this specific question. Read it again. If you can't find it, ask
for help.

This is a dip**** bull**** response that is trying to stir up a non-existant
issue.

*PLONK*

Rich S.


  #5  
Old July 21st 04, 01:29 AM
Juan Jimenez
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"Rich S." wrote in
:

And so what *is* the definition of "is"?


Hello, Mr. Clinton. Didn't know you were a pilot.

This is the archtypical example of phony news hacks trying to make
something out of nothing. I already posted the specific response of
the FAA with regard to this specific question. Read it again. If you
can't find it, ask for help.

This is a dip**** bull**** response that is trying to stir up a
non-existant issue.

*PLONK*


Ah, so your real agenda finally popped up. Hmm. Oh, well, no loss to the
thread.


  #6  
Old July 21st 04, 02:18 AM
Rich S.
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"Juan Jimenez" wrote in message
...
*PLONK*


Ah, so your real agenda finally popped up. Hmm. Oh, well, no loss to the
thread.


Main Entry: stu·pid
1 a : slow of mind : b : given to unintelligent decisions or acts : acting
in an unintelligent or careless manner c : lacking intelligence or reason
too dumb to figure out what's going on.

Main Entry: agen·da
2 : an underlying often ideological plan or program a political agenda

I have no agenda, stupid.



  #7  
Old July 21st 04, 04:53 PM
Ron Natalie
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"Juan Jimenez" wrote in message ...


No, Ron. Suppose you get a letter from the FAA asking you for an update
of... say... your diabetic situation, from your doctor. What do you think
will happen if you ignore the letter and try to wait until the special
issuance expires, so that you can then fly LSA aircraft with a DL? (This is
no different than not sending in the required medical reports needed to
renew the special issuance medical; that request is made when you get the
medical in the first place.)

Your original authorization will say "this authorization expires XXXX". The
letter will also tell you what to do (usually about 3 months before the expiration
of your auhtoriation) to renew it. What ever mental condition your special issuance
is for surely reads like this.

  #8  
Old July 21st 04, 10:40 PM
B25flyer
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"Juan Jimenez" wrote in message
. ..


No, Ron. Suppose you get a letter from the FAA asking you for an update
of... say... your diabetic situation, from your doctor. What do you think
will happen if you ignore the letter and try to wait until the special
issuance expires, so that you can then fly LSA aircraft with a DL? (This is


no different than not sending in the required medical reports needed to
renew the special issuance medical; that request is made when you get the
medical in the first place.)

Your original authorization will say "this authorization expires XXXX".
The
letter will also tell you what to do (usually about 3 months before the
expiration
of your auhtoriation) to renew it. What ever mental condition your special
issuance
is for surely reads like this.


Ron.

The sad part is that juan will not get it even if he reads what you just
posted. But I like it "What ever mental condition YOUR special issuance if for"

Good one Ron


  #9  
Old July 22nd 04, 12:13 AM
Juan Jimenez
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"Ron Natalie" wrote in
m:

Your original authorization will say "this authorization expires
XXXX". The letter will also tell you what to do (usually about 3
months before the expiration of your auhtoriation) to renew it. What
ever mental condition your special issuance is for surely reads like
this.


Wrong letter. I'm talking about the letter revoking your medical because
you did not reply to them with a status letter from your doctor on your
diabetes type II, for example. Would you like to see proof, via email? I
think when you see it you will agree with me on this issue.

While you are under the special issuance, the FAA will consider you to be
flying under the authority of the special issuance, not the DL, and you'll
be treated just like any other special issuance regardless of what kind of
airplane you fly (short of ultralights).

Juan

  #10  
Old July 20th 04, 11:12 PM
cj
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"Juan Jimenez" wrote in message
...
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...


Gee, along with just about everyone in this thread, the AOPA seems to
disagree with you too:

http://www.aopa.org/whatsnew/newsite...rt.html#miller

"...Under the rules, if his special issuance medical certificate lapses, he
can still fly exercising the privileges of a Sport Pilot certificate with a
driver's license, providing that he self-certifies that he is medically fit
to fly."

You may be proved correct (I don't think so), but until that distant time, I
think I'll believe all the doctors and lawyers on the various AOPA panels.

-cj


 




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