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FAA Pursues Rulemaking On Third Class Medical Issue

Would Allow Substitution Of A Driver's License 'In Certain Instances'

Perhaps coincidental to the specter of congress creating legislation on the issue, the FAA is beginning a rulemaking project that will consider whether to allow private pilots, in certain instances, to substitute a driver’s license in lieu of a FAA medical certificate.

The FAA is considering whether it can provide any relief to the medical requirement, while maintaining safety, prior to completion of the rule.

The FAA is also still considering a March 20, 2012 petition from the AOPA and the EAA for an exemption from FAA rules to allow AOPA/EAA members flying recreationally (and according to certain operational limitations and restrictions) to conduct certain operations without having an FAA medical certificate.

Information about the “Private Pilot Privileges without a Medical Certificate” project will be posted soon in the April report on DOT’s Significant Rulemakings site (see FMI link below).

The EAA is calling the FAA's announcement "a good initial step," and supports any initiatives to modernize the aviation medical certification system for recreational flying.

"EAA's decades-long efforts on this issue, on its own and in association with organizations such as AOPA, are beginning to pay off with steps such as today's FAA announcement and the proposed General Aviation Pilot Protection Act (GAPPA) in both houses of Congress that is gaining significant momentum," said Jack J. Pelton, EAA chairman of the board. "We are eager to see the details of what they are proposing and evaluate their significance. EAA will support this rulemaking initiative as well as legislative solutions to expand the freedom of flight for our members and all aviators."

Over the past quarter century, EAA has made numerous petitions and requests to FAA to extend medical self-certification to an even greater population of aviators. Most recently, EAA and AOPA joined forces in a March 2012 exemption request to FAA that would expand use of self-certification for recreational flying, based on the outstanding medical incapacitation safety record established over the past decade by pilots flying light-sport aircraft. This petition is still awaiting formal FAA action, despite more than 16,000 comments submitted overwhelmingly in support of the measure. Today's FAA announcement may indicate a willingness to extend the privilege beyond that requested in the EAA/AOPA exemption request, although the agency noted that it is still considering that request.
 
Over the past three months, Congress has also expressed interest in expanding medical self-certification through the General Aviation Pilot Protection Act. First introduced in the House last December by Rep. Todd Rokita (R-IN) and Rep. Sam Graves (R-MO), the bipartisan measure now has 86 co-sponsors. A companion bill was introduced in the Senate last month by Sens. John Boozman (R-AR), Pat Roberts (R-KS) and Jerry Moran (R-KS) and now has eight co-sponsors. More than 35,000 letters supporting the measure have been sent to members of Congress by EAA members through EAA's Rally Congress system.
 
"EAA and its members understand the sense and urgency of these changes, and appreciate the efforts in Congress on this issue," Pelton said. "Aeromedical reform has long been a top priority for EAA and the member participation in this campaign reinforces how important it is to pilots everywhere. EAA is working hard to effect meaningful change and will not stop until we do."

“The FAA’s announcement that it will begin the rulemaking process is the next important step along a path that we sincerely hope will allow more pilots to fly without the expense and frustration of the medical certification process,” said APOA president Mark Baker (pictured) in a prepared statement.

“For a decade, sport pilots have flown safely without third-class medical certificates, and we’re confident private pilots can do the same. This issue is extremely important for our members and we appreciate the FAA’s decision to move forward with rulemaking. We will continue to work with FAA, Congress, and our members to complete this process as quickly as possible.”

FMI: DOT Rulemaking Site, www.eaa.org

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