AOPA Pilot Magazine - May 2019 - 26

FOR THE RECORD

Remaining qualified

BY JARED ALLEN

A departure route from special issuance medicals

JARED ALLEN is

AOPA's Legal
Services Plan senior
staff attorney and is
an instrument-rated
private pilot.

26 | AOPA PILOT May 2019

ANY PILOT COULD EXPERIENCE A HEALTH ISSUE that is
disqualifying for a regular FAA medical certificate. If the
condition is adequately controlled, however, the FAA may
grant a special issuance consisting of a medical certificate
and an accompanying authorization letter. But what if
pilots no longer need a medical at all because the flying
they do is allowed under sport pilot or BasicMed rules?
A recent FAA memorandum was issued in response
to questions from pilots looking to leave their special issuances behind. The pilots questioned whether they still
had to comply with demands for periodic medical tests
and reports imposed as part of their special issuances.
Most pilots discover the need for a special issuance
when their MedXPress application or examination
reveals a condition that requires the AME to defer the
certification decision to the FAA. Upon reviewing the
case, if the FAA determines that the pilot is not eligible for a regular medical certificate, the airman can
request an authorization for special issuance of a medical certificate.
An airman's request for an authorization is granted
at the discretion of the federal air surgeon (FAS), who
may consider the pilot's experience and any medical
facts that may affect the pilot's ability to perform airman duties. This can require the pilot to provide records
of medical history or undergo additional evaluations.
If an authorization is granted, the pilot receives a letter listing the conditions he or she must meet to receive
and hold a medical certificate. The authorization is
typically valid for one to five years, while any medical
certificate issued pursuant to the authorization is typically valid for 12 months. The authorization lists medical
records, reports, or tests that the pilot must periodically
provide to continue to be eligible for a medical certificate.
If the pilot fails to provide medical information "reasonably needed by the FAS for certification," the federal air
surgeon has the discretion to withdraw the authorization.
The pilots' authorization letters stated that "This
authorization REQUIRES THAT YOU MUST...comply with all of the following conditions or your Special
Issuance will be withdrawn." A warning emphasized (in
bold) that "This authorization will be withdrawn if you
do not comply with any of the conditions for continued
eligibility of this authorization." As a result, many pilots
expressed concern that they would be forced to undergo
expensive tests and provide reports until their authorizations expired, even if their special issuance medical

certificate had expired and they had transitioned to flying under sport pilot or BasicMed rules.
Withdrawal of an authorization not only requires
the immediate surrender of the associated medical certificate, it renders the pilot ineligible to fly under sport
pilot or BasicMed rules. If an authorization is withdrawn, a request for reconsideration can be made to the
federal air surgeon, but his decision cannot be appealed.
Aware of the predicament these pilots faced, AOPA
met with the FAA. The central question: If an airman
has an unexpired authorization, but his special issuance
medical certificate has expired and he will not be applying for another, must he continue to comply with the
authorization's requirements until it expires to prevent
the authorization from being withdrawn?
No, answered the FAA's Office of Chief Counsel,
because a pilot's "responsibility to comply with the
terms of an unexpired authorization-including a term
that requires regular submission of medical information-
terminates when the associated special issuance medical
certificate expires." Once the pilot's medical certificate
expires, the federal air surgeon has "no reasonable basis"
to require the pilot to continue to provide information as
long as the pilot does not reapply for a medical.
For those transitioning to BasicMed, the FAA reasoned that "it does not appear that Congress, who
mandated BasicMed, wanted an airman to be beholden
to continued requests for information related to a prior
authorization after the most recent special issuance medical certificate has expired and the airman is not in the
process of seeking a renewed special issuance medical
certification." The law allows the FAA to act only if it
receives "credible or urgent information" that reflects
on a BasicMed pilot's ability to safely operate an aircraft.
The FAA did not respond to AOPA's inquiries concerning a pilot's ability to surrender an unexpired special
issuance medical certificate. Also, there remain other scenarios where the federal air surgeon could withdraw a
pilot's authorization. In any case, keep in mind that every
pilot has a duty under FAR 61.53 to ensure that he or she
is not operating an aircraft when medically unfit. Pilots
should consult with AOPA's Pilot Protection Services
before leaving their special issuance behind.
AOPA
EMAIL jared.allen@aopa.org

The AOPA Legal Services Plan is offered as part of
AOPA's Pilot Protection Services (www.aopa.org/pps).
http://www.aopa.org/pps
AOPA Pilot Magazine - May 2019

Table of Contents for the Digital Edition of AOPA Pilot Magazine - May 2019
