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Certificate (Authorization) has been withdrawn would be allowed to operate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been revoked or suspended.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Authorization must not have been withdrawn."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withdrawn.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

"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.

"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.

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

"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

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

"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...

"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.

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

"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.