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Comments Due Friday on 3rd Class Medical Exemption Petition

By Meredith Tcherniavsky / Published: Sep 11, 2012
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Pilots have until this Friday, Sept. 14, to respond to the AOPA/EAA petition to the FAA to alter the requirements for third-class medical certificates. The exemption would essentially extend the current Sport Pilot driver’s-license-as-medical privilege to all pilots operating single-engine airplanes under Part 91 with no more than four seats, no more than one passenger on board, and only in day VMC. In addition to a valid driver’s license, pilots would also have to carry a certificate of completion of a special aviation health education course, which would be available online.

While past efforts to do away with the third-class medical have failed to gain FAA support, AOPA and EAA are hopeful that the current petition will succeed because it is backed by a large body of evidence based on the success of the Sport Pilot initiative. “A pilot flying recreationally who has completed the recurrent aeromedical course meets an equivalent or higher level of overall safety compared to the existing medical certification process for similar operations,” AOPA said on its website. “The exemption is tied to a type of flying (recreational) instead of a specific pilot certificate.”

More details on the petition can be found here at AOPA’s website. To file a comment, visit this site and then click the “Comment Now” button.

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Martin E Haisman's picture
Submitted by Martin E Haisman on September 11, 2012.

An opinion from experience and logical viewpoint. All pilots in the air should meet at least class 2 examinations. The importance to be medically compliant and identify medical conditions averse to flying aircraft seems to be a no brainer. Flying is fun and hopefully for all for the most part enjoyable but there are the obvious human factors flying puts on the body, and many times increased stress in situations that demand focus and a good heart.

Most of the sport class aircraft have way better performance then the mainstream counterparts with a better climb rate and many acrobatically capable on a Rotax engine! One of the biggest training establishments in NZ is using Diamond DA20 and DA42 aircraft and a few 172's.

Passengers and people on the ground need the confidence that the ones overhead them don't have a little bit of angina or forgot their epilepsy medication or other issues, flying around in a Pulsar, Vampire, Thunderbird P 51 etc. Got a drivers license no problem.

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aloftagain's picture
Submitted by aloftagain on September 11, 2012.

@ Martin E Haisman
I don't know about your experience, but logic based on false assumptions is useless. Your theories about the "need" for medical exams are just that - theories. The data don't support your fears. That's one of the points in the article. The record for pilots flying under Sport Pilot rules, managing their health and medical issues with their personal physicians, is no worse (maybe better?) than that of pilots with medicals. Then there are those who conceal, ignore or deny disqualifying conditions and fly with invalid medical certificates. I don't condone that, but it happens. If passing a medical exam significantly improved safety, these folks should stand out for their increased rate of accidents due to pilot incapacitation (total or partial). Finally, there are no guarantees of absolute safety. Pilots with valid medical certificates (including Class II) occasionally become incapacitated.

Interestingly, the Federal Air Surgeon's guidance for the Sport Pilot with a suspected or actual medical issue is very reasonable and logical. The FAQs on the FAA web site include the following:

"If I suspect I have a significant medical condition, but have never had an FAA medical certificate denied, suspended, or revoked, can I exercise sport pilot privileges using my current and valid driver’s license, if otherwise qualified?

Response by the Federal Air Surgeon
[List of applicable FARs deleted.]

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. Certain medical information that may be helpful for pilots can be found in our Pilot Safety Brochures."

AND

"Provided I otherwise qualify and have never sought FAA medical certification, am I authorized to exercise sport pilot privileges on the basis of a current and valid driver’s license if I have a chronic medical condition such as diabetes?

Response by the Federal Air Surgeon
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."

Perhaps the best solution to this question would be to have Class III medicals based on the above standards. In most cases, the determination could be made by the AME in consultation with the pilot's physician(s). In a small number of severe or complex cases, the AME might require additional consultation from the FAA Aeromedical Branch, hopefully without the FAA's current heavy-handed, intrusive, micromanagement approach, requiring in many cases that every test possible be performed regardless of medical necessity. (We can hope...)

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Martin E Haisman's picture
Submitted by Martin E Haisman on September 12, 2012.

aloftagain - The Federal air surgeon is correct in context however the issues in hand has not been addressed. A drivers license doe not carry requirements or standards required by safe aviation. Not just the US but internationally 200 plus countries can drive overseas, including the old USA for up to six months before requiring state or country testing to remain a current license.

Also missed is the studies which the FAS will agree is that Yale, Harvard, Leeds, Massey, glasgow universities and assumedly others have thesis/studies that an excess of pilots lie about their medical conditions, especially the US, and have anxiety and fear of loss of license due to medical conditions. Age plays a large part as does income levels and a major issue peer pressure. Denial and promoting the positive ignoring the negative is mentally powerful.

One example of many is the high profile Reno accident NTSB WPR11MA454 Sep 16, 2011.

The accident pilot was issued a Class 2 medical certificate with no limitations on March 2, 2010. The accident pilot denied the use of medications ... The aviation medical examiner (AME) did however note that the accident pilot used alprostadil. May 14, 2007. ..diagnoses included hyperlipidemia (elevated cholesterol), mild benign prostatic hypertrophy (enlarged prostate), and elevated homocysteine (independent risk factor for heart disease). He had been prescribed atorvastatin (Lipitor), 20 mg daily, and ezetimibe (Zetia) all medicines with side affects" He was referred to a pulmonologist for assessment

"The accident pilot never made an appointment to see the pulmonologist ... the pulmonologist office attempted to contact the accident pilot beginning on January 8, 2008. That office left voicemail messages every three days on the accident pilot’s phone until February 18, 2008. The pulmonologist’s office then notified the accident pilot’s family physician on February 18, 2008, ...On February 21, 2008, the pulmonologist’s office spoke with the accident pilot’s wife. She stated that her husband had been out of town. She thought that her husband and spoken with the family physician about the testing. ... Patient said he had discussed this with Dr. (name redacted), and he would contact him when he was ready to proceed.”...The family physician offered supplemental oxygen therapy to the accident pilot on January 8, 2009,...as the accident pilot declined to see the pulmonologist for further testing. He felt that the pulmonary hypertension of 35 mmHg on the echocardiogram from December 3, 2007, was over estimated by the interpreting physician"

The report is to extensive to quote however the pilot in question also recorded his age as 59 on the Reno race application being 74. Most of us would love to be 15 years younger!

It is not micro management nor a difficult step in the process of getting certified to be in the sky. If it saves one life then it is worth it. What is so difficult about getting a proper pilot medical? If someone can afford an LSA a full medical is peanuts. The CAA medal examiner NZ advises that the medications JL was on were classed as just needing monitoring and the pulmonologist issue warrants investigation and suspension of license.

The rest of the NTSB report after full analysis means at least 11 people would still be around. Flying is a positive buzz, fun and for the most part rewarding and as they say its in the blood. It is a lifestyle and a way of life.

When it is "taken away" or about to be it is like ripping out your heart. It is mentally depressing and you try to get away from it but it will alway be there. I know I am medically grounded you get over it a just smelling avgas and kerosine at the airport if fun.

But I know from from university studies, aircraft accident investigation and most of all a class 2 medical that am still around if not PIC. So again I ask what is the fuss all about in getting a proper medical before taking to the skies?

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iused2fly's picture
Submitted by iused2fly on September 13, 2012.

Don't count on the FAA to adopt these recommendations. They perceive themselves as the first line of defence for the public against anyone who busts an altitude or turns the wrong way. They're about as magnanimous about changing the status quo as an eagle is with a rodent in its talons.

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