Oldguy

FAA Medical Reform Announced

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Oldguy    340

Can anyone get to the AOPA website? Looks to be down, but I received a special report email announcing the BasicMed available May 1.

Anyone have any other info?

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Oldguy    340

Email content:

 

Medical reforms effective May 1

FAA Administrator Michael Huerta announced the release of the third class medical reform final rule Jan. 10 during a media call, detailing the creation of a new rule called BasicMed that AOPA President and CEO Mark Baker said is "the best thing to happen to general aviation in decades." Teams of AOPA experts are examining the details, which at first look appear to closely mirror the legislation signed into law on July 15, 2016. Pilots cannot fly under BasicMed until May 1. "By putting medical decisions in the hands of pilots and their doctors, instead of the FAA, these reforms will improve safety while reducing burdensome and ineffective bureaucracy that has thwarted participation in general aviation," Baker said.

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smwash02    70

You can read the ruling here from the FAA.

Important bits:

Those provisions, discussed further below, include requirements for the person to:
• Possess a valid driver’s license;
• Have held a medical certificate at any time after July 15, 2006;
• Have not had the most recently held medical certificate revoked, suspended, or withdrawn
• Have not had the most recent application for airman medical certification completed and denied;
• Have taken a medical education course within the past 24 calendar months
• Have completed a comprehensive medical examination within the past 48 months
• Be under the care of a physician for certain medical conditions
• Have been found eligible for special issuance of a medical certificate for certain specified mental health, neurological, or cardiovascular conditions
• Consent to a National Driver Register check
• Fly only certain small aircraft, at a limited altitude and speed, and only within the United States
• Not fly for compensation or hire


B. Operating Requirements of Section 2307 of FESSA
Section 2307(a) (8) of FESSA requires that the individual operate in accordance with the following operating requirements:
• The covered aircraft is carrying not more than 5 passengers.
• The individual is operating the covered aircraft under visual flight rules or instrument flight rules.
• The flight, including each portion of that flight, is not carried out
• for compensation or hire, including that no passenger or property on the flight is being carried for compensation or hire;
• at an altitude that is more than 18,000 feet above mean sea level;
• outside the United States, unless authorized by the country in which the flight is conducted; or
• at an indicated air speed exceeding 250 knots.

 

 

 

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Mooneymite    1,980

>>> • Have been found eligible for special issuance of a medical certificate for certain specified mental health, neurological, or cardiovascular conditions <<<

For some, the devil will be in the details.

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mooniac15u    511
35 minutes ago, Mooneymite said:

>>> • Have been found eligible for special issuance of a medical certificate for certain specified mental health, neurological, or cardiovascular conditions <<<

For some, the devil will be in the details.

If you look at that part in context it just says that if you have certain conditions you had to have had a special issuance medical.  If your special issuance medical was granted then you are eligible for the new BasicMed rules going forward.

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thinwing    567

Not valid for non US flying..well that lets me out...normal 3 red class I guess

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chrisk    538

How does this effect a CFI?  Do they still need a medical?

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mike_elliott    1,807
21 minutes ago, chrisk said:

How does this effect a CFI?  Do they still need a medical?

It is my understanding compensation to a CFI is for knowledge, not for pilotage. This has been ruled on previously, and there is not a medical requirement for knowledge. Now if the CFI is required to be PIC or required SIC (think safety pilot) then yes, he will need a medical or a shiny new basic medical. Someone in the front seat(s) needs a medical of some flavor.

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Hank    3,406

No, there is a specific paragraph stating that CFIs do not need a medical either,and a reference to the existing interpretation that CFIs are not flying for compensation or hire. I've only made it a few pages into the thing, skimming as I go, maybe 15 or so.

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midlifeflyer    485
54 minutes ago, chrisk said:

How does this effect a CFI?  Do they still need a medical?

CFIs never (or at least not in the past 3-5 decades)  needed a medical unless acting as PIC or a required crewmember. My quick reading (I need to do the slow reading later this evening) is, if that PIC or required crewmember doesn't need a a medical, neither does a CFI (at least so long as the CFI meets the same criteria).

Pretty consistent.

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Bennett    713

Now we have to see how the aviation insurance industry will react. My personal guess is that most companies will still want a medical for high performance IFR capable aircraft. 

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RLCarter    408
1 hour ago, Bennett said:

Now we have to see how the aviation insurance industry will react. My personal guess is that most companies will still want a medical for high performance IFR capable aircraft. 

Re-sale values should go up as rusty pilots get back in the game

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RLCarter    408
1 hour ago, Bennett said:

Now we have to see how the aviation insurance industry will react. My personal guess is that most companies will still want a medical for high performance IFR capable aircraft. 

Re-sale values should go up as rusty pilots get back in the game

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RLCarter    408
1 hour ago, Bennett said:

Now we have to see how the aviation insurance industry will react. My personal guess is that most companies will still want a medical for high performance IFR capable aircraft. 

Re-sale values should go up as rusty pilots get back in the game

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BKlott    122

A very special day and a good first step for the vast majority of us but I can't help but be mindful of those who will not benefit from this. The new Student Pilot with youthful dreams of flight. The citizen who is hesitant to visit a healthcare professional. The citizen with a health problem, who the Department of Transportation has no problem with letting them operate an automobile, a truck, an SUV, a motorhome, a motorcycle, a jet ski, a power boat, a motor yacht, a light sport aircraft, a glider, a hot air balloon, etc.

The government establishing medical standards that apply only to citizens who fly aircraft or their aircraft as a hobby, for private use or personal pleasure purposes only...not for compensation or hire...but for fun, is an example of disparate treatment which no other citizens have to endure when it comes to their hobbies.

Disparate or different treatment is the very definition of discrimination and we should all ask ourselves why we are being treated differently than all other Americans. More importantly, why should we allow this to continue?

I remember when my Dad received his final denial letter from the FAA, ending his ability to legally fly as Pilot In Command. I know how much that hurt him. After he passed away I came across the actual letter he received and read it. It was perhaps the most cold, insensitive, unfeeling piece of correspondence that I have ever read in my nearly sixty years of life. 

I think of how many other Pilots like my Dad who received that same terrible letter and it hurts me to my very core as a human being that this has been allowed to occur for so very long. This law is unjust, unconscionable and must continue to be questioned, criticized and resisted until it goes away all together.

Most of us will never have to deal with this medical nonsense ever again but we owe it to every other American Citizen who shares our dreams and love of flight to fight for the day when we will be treated like all other American Citizens and no longer be subjected to medical evaluation or testing in order to go flying. We owe that very freedom to the next generation of recreational flyers. Let that be the legacy we leave to them.

Our Founding Fathers said, in writing, that our rights to "...life, liberty and the pursuit of happiness..." are "inherent" (George Mason) and "unalienable" (Thomas Jefferson). So I leave you with one final thought and question: If these are "god given" rights, who is the FAA or the DOT to take them away from any of us?!

 

Edited by BKlott
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carusoam    4,016

Who wrote the part about inalienable privileges? Why is flying a privilege vs. a right?

PP wonderment only, not a mechanic or a lawyer...

I do appreciate the ability to fly with the classIIISI.  I look forward to the day I understand the changes.

Best regards,

-a-

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N803RM    102

My 3rd class medical expires June 30, 2017.    What do I need to do at that time, Dr. appointment, or the on line course?   I am on a special issuance, needs to be renewed yearly.

Ron

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Hank    3,406
3 minutes ago, N803RM said:

My 3rd class medical expires June 30, 2017.    What do I need to do at that time, Dr. appointment, or the on line course?   I am on a special issuance, needs to be renewed yearly.

Ron

Since the new regs take effect on 1May 2017, you don't need to do,anything unless you want to fly an airplane certified for more than 6 people, fly above 18,000 msl, go faster than 250 KIAS (hint: new Acclaims don't do that), fly outside of the U.S. or get paid to fly.

Edited by Hank

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DonMuncy    1,338

I think from the first time that two humans lived in the same area, we began to lose some of our rights to do exactly what we want. The longer we go; the more "civilized" we become; the more we have our "rights" curtailed. I understand that there are activities that create enough danger to others, that regulation is good. Judging that danger and the extent of the regulation is the tough part. It would seem that the best we can do is to compare our rights to those of other endeavors, like driving. We pilots come out on the short end of the stick. I think this is primarily because of the public perceived danger of aviation. And I don't see that changing much anytime soon.

 

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Mcstealth    239

So, if you turbo guys want to get up way high, 18 is as high you can go unless you get your medical, Correct?

 

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BKlott    122
42 minutes ago, carusoam said:

Who wrote the part about inalienable privileges? Why is flying a privilege vs. a right?

PP wonderment only, not a mechanic or a lawyer...

I do appreciate the ability to fly with the classIIISI.  I look forward to the day I understand the changes.

Best regards,

-a-

Thomas Jefferson is considered to be the primary author of our Declaration of Independence. He was heavily influenced  by George Mason who authored a document entitled the Virginia Declaration of Rights. Mason referred to "life, liberty and the pursuit of happiness" as inherent rights. In the Declaration of Independence, Jefferson wrote "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the pursuit of Happiness"

In other words, Jefferson wrote "the pursuit of happiness" is a God given right and that document was signed by our Founding Fathers.

The point I am asserting is that a citizen engaged in a recreational past-time or hobby, like someone who flies airplanes for the love and passion of flight, that activity should fall under the protections of "...the pursuit of happiness". If it doesn't, then I have to ask the question "WHAT WOULD?"

In a larger sense, with regards to "the pursuit of happiness", what do those words mean and do those words still have any meaning today? I believe that they do. They better!

Who is the FAA or the DOT or any other government agency to question whether or not a citizen is healthy enough to engage in a recreational activity, a hobby or "the pursuit of happiness"? They can regulate commercial activities, "for hire or compensation", I don't have any problem with that. There are plenty of precedents in our society to support that. To set health standards for hobbies? Really? To only set health standards for citizens who fly airplanes for a hobby? Do you think that is right?That is NOT what the Declaration of Independence says and by inference, we can draw the conclusion that is NOT what the Founding Fathers intended.

 

Edited by BKlott

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carusoam    4,016

BK,

You could be on to the next big step in private aviation.

I think we were supposed to die happy before being able to own a plane.  Knowledge of how to avoid bad health issues and modern medicine have allowed us some pretty impressive stamina....

The internet has enabled us to communicate. :)

Thanks for sharing your insight!

Best regards,

-a-

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Marauder    5,684
So, if you turbo guys want to get up way high, 18 is as high you can go unless you get your medical, Correct?
 


17,000 IFR or 17,500 VFR would be the limits without a 3rd class medical.


Sent from my iPad using Tapatalk

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mooniac15u    511
9 hours ago, BKlott said:

A very special day and a good first step for the vast majority of us but I can't help but be mindful of those who will not benefit from this. The new Student Pilot with youthful dreams of flight. The citizen who is hesitant to visit a healthcare professional. The citizen with a health problem, who the Department of Transportation has no problem with letting them operate an automobile, a truck, an SUV, a motorhome, a motorcycle, a jet ski, a power boat, a motor yacht, a light sport aircraft, a glider, a hot air balloon, etc.

The government establishing medical standards that apply only to citizens who fly aircraft or their aircraft as a hobby, for private use or personal pleasure purposes only...not for compensation or hire...but for fun, is an example of disparate treatment which no other citizens have to endure when it comes to their hobbies.

Disparate or different treatment is the very definition of discrimination and we should all ask ourselves why we are being treated differently than all other Americans. More importantly, why should we allow this to continue?

I remember when my Dad received his final denial letter from the FAA, ending his ability to legally fly as Pilot In Command. I know how much that hurt him. After he passed away I came across the actual letter he received and read it. It was perhaps the most cold, insensitive, unfeeling piece of correspondence that I have ever read in my nearly sixty years of life. 

I think of how many other Pilots like my Dad who received that same terrible letter and it hurts me to my very core as a human being that this has been allowed to occur for so very long. This law is unjust, unconscionable and must continue to be questioned, criticized and resisted until it goes away all together.

Most of us will never have to deal with this medical nonsense ever again but we owe it to every other American Citizen who shares our dreams and love of flight to fight for the day when we will be treated like all other American Citizens and no longer be subjected to medical evaluation or testing in order to go flying. We owe that very freedom to the next generation of recreational flyers. Let that be the legacy we leave to them.

Our Founding Fathers said, in writing, that our rights to "...life, liberty and the pursuit of happiness..." are "inherent" (George Mason) and "unalienable" (Thomas Jefferson). So I leave you with one final thought and question: If these are "god given" rights, who is the FAA or the DOT to take them away from any of us?!

 

Discrimination really only applies to treating different groups differently in the same context or activity. As long as all people wanting to fly airplanes are treated  the same then it is not discrimination. 

Flying is also not the only activity with medical standards. There are medical conditions that disqualify you from driving. Perhaps not as rigorous as flying but they exist nontheless. 

Perhaps most relevant is the legal principle that driving is a privelege, not a right. Why would flying be more of a right than driving?

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