Category Archives: FAR

EAA STATEMENT ON FAA RELEASE OF THIRD-CLASS MEDICAL REFORM RULE

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EAA STATEMENT ON FAA RELEASE OF THIRD-CLASS MEDICAL REFORM RULE

FAA’s BasicMed will take effect on May 1, 2017

EAA AVIATION CENTER, OSHKOSH, Wisconsin — (January 10, 2017) — Years of effort by EAA and AOPA culminated on Tuesday morning as the FAA announced regulations that will implement the aeromedical reform law passed last July. The regulations will be published Wednesday as a final rule, to take effect May 1, 2017.  According to the FAA, no changes have been made to the language in the law.

Because it is final, the rule – named “BasicMed” by the FAA – will not go out for a typical public comment period. The FAA also said it would publish an advisory circular describing the implementation of the rule later this week.

“This is the moment we’ve been waiting for, as the provisions of aeromedical reform become something that pilots can now use,” said Jack J. Pelton, EAA CEO/chairman. “EAA and AOPA worked to make this a reality through legislation in July, and since then the most common question from our members has been, ‘When will the rule come out?’ We now have the text and will work to educate members, pilots, and physicians about the specifics in the regulation.”

Tuesday’s announcement finalized the highly anticipated measure that was signed into law last July as part of an FAA funding bill. That was the ultimate success of a long effort by EAA and AOPA to bring significant aeromedical reform to pilots flying recreationally and eliminate the time and expense burdens on those holding third-class medical certificates.

The law guaranteed that pilots holding a valid third-class medical certificate issued in the 10 years before the reform was enacted will be eligible to fly under the new rules. New pilots and pilots whose most recent medical expired more than 10 years prior to July 2016 will be required to get a one-time third-class exam from an FAA-designated AME.

The FAA was required to implement the law within 180 days of its signing, or this Thursday (January 12). Since AirVenture 2016, FAA senior leadership has been assuring EAA that the 180-day deadline would be met. Despite the release of the regulations as a final rule, EAA will be reviewing the language carefully to ensure it fully reflects the language and intent of the law.

EAA has updated its Q&A and will continue to update them to provide the latest information. EAA is also working with its aeromedical and legal advisory councils to provide resources that will help members and their personal doctors understand the provisions of the new regulations.

About EAA

EAA embodies the spirit of aviation through the world’s most engaged community of aviation enthusiasts. EAA’s 200,000 members and 1,000 local chapters enjoy the fun and camaraderie of sharing their passion for flying, building and restoring recreational aircraft. For more information on EAA and its programs, call 800-JOIN-EAA (800-564-6322) or go to www.eaa.org. For continual news updates, connect with www.twitter.com/EAA.

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Medicals needed?

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Most companies require a current medical if you are to be insured.  Does that mean you don’t have insurance if you don’t have a medical?  No!  If you are not using the aircraft in a way that needs a medical, why would you need to have a medical?
If you are unable to maintain a medical, but you still own an aircraft it could still be insured.  If you are not flying the aircraft and you have coverage while “not-in-flight” and the aircraft is damaged by a big storm, you should still be covered.
Many of the aviation insurance companies follow the guidelines of the FAA.  I even tried to find an FAR that said you had to have a medical (or a pilot’s license for that matter) to taxi or own an aircraft.  I was unable to locate anything specific to that.  (Just think, if that was the case, many of the corporate owners or the owners that hire a pilot, would not be able to have any coverage). 
For an example, say you are the aircraft owner and you don’t have a medical and you are taxiing your aircraft around the airport.  A good owner keeps the engine, tires and brakes limbered up.  And let’s assume that you have full coverage for ground and flight.  Now, what if you happen to have a minor mishap during that time, such as you hit a taxi light or drop in a hole and damage the prop, you should have coverage.  Should have coverage and the insurance company not wanting to pay are two different things.  Most aircraft insurance policies have a section that states that the operator of the aircraft has to meet the requirements of the policy.  The requirements usually include a medical.  But a medical is not required to taxi or start the aircraft only to fly the aircraft.  If you were not on the runway, not flying or haven’t been flying, should they pay?  I think so.  And will they pay?  Probably.  If the company has provided the correct coverage for the aircraft and the aircraft is not in a situation requiring a medical, they should be responsible! 
If you were out flying and the aircraft had an accident, you’d void the policy without a medical.  So just because you are on the ground doesn’t mean you don’t have to meet the policy requirements.  The earlier example is a situation, where you were not in flight and not intending to fly. 
Of course, this is a “gray” area.  If the pilot is taxiing to the pumps for fuel to make a flight, he doesn’t have to have a medical, but going down the runway he does…I just thought of something else.  Many people think they can get around this by having a friend in the aircraft that does have a medical.  Problem is if they are not qualified, listed or meeting the open pilot warranty they are not covered in the aircraft.  If the other pilot is not an instructor they can’t be “giving dual”.  Additionally, that “friend” will be the one at risk of being the pilot in command in the event of an accident or claim.  Very few people I know want to have an accident (and possibly a violation) on their pilots record for a friend who just happened not to have a medical!  Usually the friendship ends up being very short.