FAA medical expiration and enforcement

[wishboneash]

https://www.aviationpros.com/aircraft/business-general-aviation/press-release/21131657/aopa-faa-responds-to-aopas-appeal

[MooneyMitch]

Is it fair to assume a flight rewiew would fall under “proficiency” ?

I’m hoping for additional response soon from FAA on “proficiency” aka flight review.

[wishboneash]

Is it fair to assume a flight rewiew would fall under “proficiency” ?
 

The official word
https://www.faa.gov/licenses_certificates/medical_certification/

While the AOPA requested extension for proficiency, it's not spelled out here. Requires further clarification, but I don't see it why they would not no do the same for flight reviews as well.

[toto]

I'm curious how much real benefit this has. If an insurance policy requires the pilot to meet regs for currency and medical certification, and the FAA has agreed not to enforce, you're still violating the regs. Same thing for professional pilots with flight department policies requiring currency. How does the enforcement forbearance help?

Maybe an examiner will allow a couple-months-out-of-date knowledge test?

[MooneyMitch]

22 minutes ago, toto said:

I'm curious how much real benefit this has. If an insurance policy requires the pilot to meet regs for currency and medical certification, and the FAA has agreed not to enforce, you're still violating the regs. Same thing for professional pilots with flight department policies requiring currency. How does the enforcement forbearance help?

Maybe an examiner will allow a couple-months-out-of-date knowledge test?

Possibly Parker-Woodruff will chime in on this. 

[LANCECASPER]

@Parker_Woodruff

[Parker_Woodruff]

On 3/28/2020 at 10:46 AM, toto said:

I'm curious how much real benefit this has. If an insurance policy requires the pilot to meet regs for currency and medical certification

Check the wording of your policy and talk to your agent who can confirm.  So far I have had this affect one pilot and the insurance company was fine with the pilot flying as permitted by the FAA for this present situation.

[MooneyMitch]

1 hour ago, Parker_Woodruff said:

Check the wording of your policy and talk to your agent who can confirm.  So far I have had this affect one pilot and the insurance company was fine with the pilot flying as permitted by the FAA for this present situation.

Excellent news for those that are in need of this.   Yes, definitely verify with agent.

Now, if we can learn about delayed flight review from FAA.

Thank you Parker-Woodruff.

[M20F-1968]

On 3/28/2020 at 11:46 AM, toto said:

I'm curious how much real benefit this has. If an insurance policy requires the pilot to meet regs for currency and medical certification, and the FAA has agreed not to enforce, you're still violating the regs. Same thing for professional pilots with flight department policies requiring currency. How does the enforcement forbearance help?

Maybe an examiner will allow a couple-months-out-of-date knowledge test?

 

One way to deal with this is complete the requirements for the Basic Med.  See your PCP, have him complete the form, do the on-line test, and when you are ready to renew your medical, Do So.  Of course, that is only if Basic Med will cover the type of flying you are to do.  Then you will have met the requirements of both the FAA and the insurance company.

John Breda

[toto]

25 minutes ago, M20F-1968 said:

 

One way to deal with this is complete the requirements for the Basic Med.  See your PCP, have him complete the form, do the on-line test, and when you are ready to renew your medical, Do So.  Of course, that is only if Basic Med will cover the type of flying you are to do.  Then you will have met the requirements of both the FAA and the insurance company.

John Breda

Sounds like a good idea. My insurance company said they treat BasicMed as a 3d class medical for all policy purposes. 

PCPs probably have the same availability problems as AMEs during C19, and I doubt that many would do a BasicMed signoff via telemedicine. But still. 

[M20F-1968]

50 minutes ago, toto said:

Sounds like a good idea. My insurance company said they treat BasicMed as a 3d class medical for all policy purposes. 

PCPs probably have the same availability problems as AMEs during C19, and I doubt that many would do a BasicMed signoff via telemedicine. But still. 

If you have had a recent physical or if they know you well they might.

John Breda

[toto]

8 minutes ago, M20F-1968 said:

If you have had a recent physical or if they know you well they might.

John Breda

True 

[Ross Taylor]

Now if only annuals were extended, too...

[amillet]

and BFRs

[Bravoman]

I just did my BFR with a mask and gloves. No choice because mine was expiring at the end of March and I didn’t want to fly illegally. As to insurance I checked my policies which are with USAIG and it only requires valid pilot certificate and instrument rating, no exclusions for expired BFR or medical. However in a discussion on hypothetical scenarios with my broker she said that even though the carrier would cover a loss under  those circumstances (expired BFR)  it would likely not renew which would then create problems procuring coverage down the road.

[midlifeflyer]

1 hour ago, Bravoman said:

I just did my BFR with a mask and gloves. No choice because mine was expiring at the end of March and I didn’t want to fly illegally. As to insurance I checked my policies which are with USAIG and it only requires valid pilot certificate and instrument rating, no exclusions for expired BFR or medical. However in a discussion on hypothetical scenarios with my broker she said that even though the carrier would cover a loss under  those circumstances (expired BFR)  it would likely not renew which would then create problems procuring coverage down the road.

To all: do not make the mistake of thinking this is universal. Many policies say something different and even the phrase "valid pilot certificate" has been interpreted differently by courts in different states. 

[MooneyMitch]

2 hours ago, midlifeflyer said:

To all: do not make the mistake of thinking this is universal. Many policies say something different and even the phrase "valid pilot certificate" has been interpreted differently by courts in different states. 

Wise advice .

[Bravoman]

12 hours ago, midlifeflyer said:

To all: do not make the mistake of thinking this is universal. Many policies say something different and even the phrase "valid pilot certificate" has been interpreted differently by courts in different states. 

 Believe me, I don’t recommend flying on an expired BFR, that’s why I made sure that I was not doing it. However, remember that all ambiguities are construed against an insurer and in favor of the insured and I don’t believe that an insurer would prevail on the argument that an expired BFR renders a pilot certificate invalid, which it legally does not. Even still, a non-renewal is not something anyone wants to contend with because it makes it difficult to get insured by another carrier on reasonable terms. 

[midlifeflyer]

7 hours ago, Bravoman said:

 Believe me, I don’t recommend flying on an expired BFR, that’s why I made sure that I was not doing it. However, remember that all ambiguities are construed against an insurer and in favor of the insured and I don’t believe that an insurer would prevail on the argument that an expired BFR renders a pilot certificate invalid, which it legally does not. Even still, a non-renewal is not something anyone wants to contend with because it makes it difficult to get insured by another carrier on reasonable terms. 

You are welcome to believe what you want, but I mentioned it as something to watch out for because I've seen someone bitten by it. The courts taking the hard view see "validity" as including the legal right to exercise its privileges. 

[midlifeflyer]

On 4/9/2020 at 6:59 AM, Bravoman said:

I checked my policies which are with USAIG and it only requires valid pilot certificate and instrument rating,

Just thought of this and double-checked . It doesn't say "current and valid" in yours? The AIG policies I've looked at use that language.

[Bravoman]

On 4/10/2020 at 1:46 PM, midlifeflyer said:

Just thought of this and double-checked . It doesn't say "current and valid" in yours? The AIG policies I've looked at use that language.

No, I am looking at my policy as I write this. The only insuring  conditions so far as qualifications are concerned is “FAA private pilot certificate with FAA instrument rating“. And there is no exclusion for expired BFR  or medical.