Sport Pilot cuts off special issuance at the knees

Bashir Salamati wrote in :

There is NOTHING in the rules that say that if a special issuance
medical lapses, you can use your DL as a replacement, but there is
SPECIFIC text in the rule that says that if your special issuance is
withdrawn, you cannot use your DL.

Exactly.

As restrictive as things have gotten in the US over the past 20 years,
we aren't yet to the point where all things not specifically allowed
are automatically illegal.

The things that it says are so, are so. If it doesn't address the
issue they aren't so.

Never heard of the FAA's catch-all rules? Hmm. Guess not.

ET wrote in news:Xns952CCDAEC662DEviltwigcom@
140.99.99.130:

EAA also disagrees with you:

Read the following from EAA’s page:
http://www.sportpilot.org/becoming/index.html :

"However, a pilot who has specifically been denied a medical certificate
because of a medical condition that the FAA has judged would make the
person unable to operate an aircraft in a safe manner is not eligible to
use a drivers lecense as a medical. When a pilot is denied a medical, he
or she obtains a letter from the FAA that has the specific word "denied"
in the letter. If you have not received sucha letter, then you can use a
drivers license as a medical. If you have obtained such a letter, your
recourse is to obtain at least one special issuance 3rd class medical
before acting as a sport pilot."

That only addresses a denial, not a revocation, nor the fact that when you
get a special issuance the letter specifically states that you are
"ineligible" for a third class medical. It also does not address the issue
of what happens if you get a letter from aeromedical stating that since you
did not send them such and such info, your special issuance medical has
been revoked, and you can keep it, but if you don't turn it in the matter
will be referred to the local FSDO for enforcement action.

It appears, though, that neither the EAA nor AOPA is clearing this up, but
the FAA is trying to do so. There may yet be hope that whomever decided to
tweak the rule at the last minute and play with this very important part of
it will change their minds.

Juan Jimenez wrote:

"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


What legal hassles? He doesn't need the medical for the glider and as long
as !. his last medical wasn't revoked or @. he has never had a medical come
Sept he will be able to fly whichever craft he wishes. So Rich is right in
his opinion with what information was presented by Todd. The only
clarification needed is whether he previously had a medical or whether his
last was revoked.
Juan Don't be such an insistent negative till people really in the know
have had a time to sort out the true answers!
John

"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.

The link below is to an AOPA web site on medical questions for the sport
pilot. I indicates if your last FAA physical was approved or you had a
Special Issuance, then you are legal to use the Driver's License medical and
self certify as you usually do. If the physical or Special Issuance was
denied say to information not being submitted, then you need to get one
current valid FAA physical or Special Issuance, then switch to DL medical.
No problem to let this FAA physical or SI expire.

http://www.aopa.org/whatsnew/regulat...edical_faq.doc

Jerry in NC


"Juan~--~Jimenez" b*d&5^-*@()--b(d)5+.!c#o$m wrote in message
...
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

"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

Juan Jimenez wrote in message .. .
"Ron Natalie" wrote in
m:


"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.

I wish it were, but that does not seem to be the case...

There's always good reason to be cynical, but this document
(http://www.aopa.org/whatsnew/regulat...edical_faq.doc) from the
FAA leaves a lot of doors open, albeit on both sides.

It is important to look at what the FAA did *not* do, which is to have
a clause specifically excluding everyone having cardiac conditions,
diabetes, loss of consciousness, etc. They could have referenced the
existing medicals certification standards and required everyone to
self-certify that they have none of the automatic disqualifiers.
Instead, for those that have never hald a certificate but have such
conditions, the document says,

"You should consult your private physician to determine whether you
have a medical deficiency that would interfere with the safe
performance of sport piloting duties. You may exercise sport pilot
privileges provided you are in good health, your medical condition is
under control, you adhere to your physician's recommended treatment,
and you feel satisfied that you are able to conduct safe flight
operations."

The phrase, "your medical condition is under control," is very
important as this establishes that the existence of a condition is not
in and of itself disqualifying.

Earlier, the document reads, "..nor is it our intent that affected
persons would have to maintain an airman medical certificate if they
would rather use their current and valid U.S. driver's license to
medically qualify as a sport pilot."

What we are dealing with here is a sort of bipolar disorder. What the
FAA does not want is a newspaper story that reads, "Three children and
their puppy were killed when an elderly pilot with alzheimers, a heart
condition, and diabetes crashed into a park after a new FAA rule
allowed him to resume flying despite being found unfit to fly three
years earlier." And yet, that same man could, in theory, be OK so long
as he had never tried to obtain a medical, and simply followed his
doctor's advice.

What we may be seeing here, and this is pure speculation on my part,
is the Solomonic solution. If you don't exclude the denials, you stand
to have a flood of thousands of "medically questionable" pilots flying
on Sept. 1. On the other hand, the rate of new entrants will be
moderate, and the same "medically questionable" pilots will be
introduced into the arena at a gradual rate, allowing time to evaluate
what happens. Depending on events they will likely "clarify" the rule
one way or the other. Unfortunately this would likely take 3-5 years
at minimum, though the FAA may develop a more forgiving
pseudo-special-issuance regime in the meantime.

-cwk.

UltraJohn wrote in
nk.net:

What legal hassles? He doesn't need the medical for the glider and as
long as !. his last medical wasn't revoked or @. he has never had a
medical come Sept he will be able to fly whichever craft he wishes.

If what the FAA is saying they are going to do is in fact what is going to
happen, then I would agree with you.

Juan Don't be such an insistent negative till people really in the
know have had a time to sort out the true answers!

I wouldn't be so damn negative if the FAA has stuck to what they said they
were going to do, instead of trying to come up with these unannounced
strategies for special issuances. Do you know what's going to happen at FAA
aeromedical when thousands of pilots start sending in their special
issuance apps for denials that are no longer valid because acceptable
treatment protocols are in place (for example, diabetes type II treated
with oral hypoglycemic drugs). What exactly is the point of making these
people jump through those hoops if they will later be able to forget about
the special issuance and deal with the issue with their doctors and self-
certification?

"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

"C Kingsbury" wrote in message
om...
If you don't exclude the denials, you stand
to have a flood of thousands of "medically questionable" pilots flying
on Sept. 1.

"Medically questionable" pilots have been able to fly motorgliders all
along, some motorgliders look and perform a lot like the new sport airplanes.
"Medically Questionable" pilots have statistically never been a significant
problem in the past, and I don't expect it them be much of one in the future.

Vaughn