Basic Med

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170C
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Basic Med

Post by 170C »

I just received my special issuance renewal which is good through the end of March 2018. I don't want to push my luck with OKC for a renewal so I was giving some thought to going ahead and going through the Basic Med in a few weeks. Called and emailed AOPA for their opinion. I was told by both the lady on the phone and the one that replied to my email that they do not recommend applying for Basic Med as long as I am "under application" with the SI. I asked what that meant and their response was that if I got the Basic Med while I have a 3rd class SI and was involved in an incident or accident that the FAA "could" come back and pursue me as I would not be following the guidelines of my last current special issuance. Don't really know what guidelines they are referring. They said that obviously that has not happened yet as the Basic Med is so new. My 3rd class medical requires corrective lenses, as does my drivers license and the letter that came with the new SI stated (as did the last one in 2016) that I should get my paperwork together in January or so and submit it to OKC (for application for a SI renewal eff 4-1-18). So does this mean I should operate under the SI until 3-31-18 and apply for Basis Med 4-1-18? Anyone else run into this bag of worms?
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Re: Basic Med

Post by Bruce Fenstermacher »

Frank,

Here is your answer from the AOPA web site:
  • SHOULD I PLAN TO SURRENDER MY CURRENT UNEXPIRED MEDICAL CERTIFICATE IN ORDER TO FLY UNDER BASICMED TO AVOID POSSIBLE FUTURE ACTION BY THE FAA IF SOMETHING HAPPENS AND MY CURRENT MEDICAL APPLICATION HAS NOT YET EXPIRED?
    You are not required to surrender your valid medical certificate to fly under BasicMed. If you hold a valid medical certificate and also meet the requirements of BasicMed, you can choose to fly under the BasicMed rules. However, even if a pilot chooses to operate under BasicMed rules and is not exercising the privileges of his or her medical certificate, the FAA still has the authority to pursue enforcement action if there is evidence that the pilot does not meet the medical certification standards for that medical certificate. Generally speaking, a pilot who knows or has reason to know of any condition that would make them unsafe for flight must ground themselves whether they hold a medical certificate or fly under BasicMed. So, before you surrender any airman certificate, consider contacting an attorney experienced in aviation-related legal matters or AOPA’s Pilot Protection Services program.
So you have a special issuance. But the special issuance is NOT a 3rd class medical. It is just permission for an AMe to issue you a medical of the approved class for the approved period of time so long as you meet all the criteria of a 3rd class other than that allowed b the SI. DId you get a new 3rd class using the SI?

If you did your are set until the 3rd class expires and then you go BasicMed. If you didn't then you have no current medical and you can go BasicMed now.

But the answer above says it really doesn't matter if you have both a 3rd class and also apply for BasicMed because a disqualification under your 3rd class would also be a disqualification under BasicMed. If you did use the SI to get a 3rd class and it is still current it is beyond me why you would want to double your medical qualifications now by applying for BasicMed now. It get you nothing.
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Re: Basic Med

Post by 170C »

Thanks Bruce. So it would seem that since I have a third class medical via special issuance I should probably fly under it until about the time the SI will expire (3-31-18) and get my medical squared away with my PCP or AME, then do the medical online test just prior to 3-31-18 so I don't have a gap in my flying privilege like I had this spring.
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Re: Basic Med

Post by Bruce Fenstermacher »

Frank,

Why did you have a gap? You applied for SI. Did it not come before your 3rd class ran out? Thus causing a gap from that time your medial expired till receiving a new SI and you went to get a new 3rd class before BasicMed could be used.

As I remember your 3rd class was going to run out before BasicMed could be used. If you just waited till BasicMed could be used, you didn't need to get another SI. You simply had to do nothing including no flying cause you wouldn't have a valid medical for that period and couldn't get one because you wouldn't have applied for a new SI. You didn't need a new SI to use BasicMed because your old 3rd class just ran out, you were not disqualified prior to it running out.
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Re: Basic Med

Post by 170C »

Bruce, you are correct. I had hoped to get my SI renewed so I didn't have a gap in flying. I was wrong as they came back and asked for additional information on four areas. I provided the requested, but after their usual delay, they came back for additional information on one of the four items. I provided that info and after 2-3 weeks I received my SI. Yes! I should have just waited until May 1st. Live and learn.
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