Every now and then, the FAA does something right. Sometimes it takes awhile, and there are speedbumps along the way. Such is the case with the current “catch 22″ involving the FAA, the medical, and the rights and privileges to fly a light sport aircraft. First, some background.
A pilot is generally required to have a vaild medical certificate to operate as pilot in command of an aircraft. The FAA recognizes three classes, First and Second class certificates deal with commerical aviation and are not part of the current discussion. A Third Class certificate is what the average general aviation pilot must possess to take his mother for a ride in the Cessna. A person goes to an Aviation Medical Examiner (AME) and passes a few simple tests and fills out a questionnaire and if he qualifies, he is granted a certificate good for between two and three years depending on his age. There are several disqualifying factors from alcohol abuse, certain chronic conditions, or certain medications which will render a person ineligible for a certificate. A process exists to have the FAA conduct a special review for those people in “grey areas”, meaning they have had a disqualifying condition in the past, but believe they are no longer effected by the condition. The FAA could grant a certificate, or issue a “denial”. Hold that thought for a moment.
Several years ago, the FAA created a new classification of licensees called Light Sport Aircraft. (LSA) This was created for the thousands of people who were licensed to fly aircraft, but did not want to fly large, complex aircraft in various types of weather, but only wanted to operate smaller (under 1320 pounds) aircraft, with only one passenger, in clear weather. Think of the guy in his Piper Cub cruising over the countryside at 500 feet and 60 knots. The FAA decided this type of operation was safe with a lesser type of medical certificate. The rule states a person can operate a LSA as long as they posses a valid drivers license from some state. The FAA still lists disqualifying conditions that will ground a pilot even he possess a license. An additional requirement, one that is important for our discussion, is a person is only eligible to operate a LSA under the drivers license rule if he never had a medical ”denial” issued by the FAA. So here is what happens in reality, lets take two pilots, Chuck and Burt. They both own Piper Cub’s and only desire to fly around the countryside on sunny afternoons.
Chuck is 45 years old and has a minor outpatient heart procedure. This is not automaticaly disqualifying but something that the FAA needs to review under a special issuance procedure. On his next medical renewal application, he is required to list this doctor visit to the FAA. His AME sends the information to the FAA, they review his documentation and decide he is not eligble for a third class certificate and issues a denial. He is now not eligible to fly a LSA under the less stringent standard because he has been issued a denial.
His friend Burt is also 45, and had the exact same outpatient medical procedure. He has heard about Chuck’s experience so he does not apply for a third class certificate. His third class medical will expire, but he is still eligible to fly a LSA because he holds a drivers license from a state. The FAA ‘s denial not only disqualified Chuck from a third class, but also disqualified him from the less stringent LSA standard, a standard he actually meets because he possess a state issued drivers license. One is legal to fly, one is not, not because of a difference in medical condition, but because one had the audacity to ask if he qualified for a higher level of certification. This is like the state taking away your drivers license to drive a car because it found out you are not eligible to drive a bus.
The FAA did a good thing by creating LSA, but this rule punishes people for merely asking a question about the possibility of obtaining a higher level of certification. The AOPA and other organizations are aware of this and are working on getting someone in Washington to listen. Asking a question should not result in the loss of a privilege.
