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Third class medical reform: Done

By Ben Sclair · July 18, 2016 ·

With the swipe of his pen on Friday, July 15, President Obama set into law third class medical reform.

I’m thrilled. So are a good many pilots.

“It’s important to celebrate this moment, which has been a long time coming and resulted from an incredible amount of work over the past five years,” said Jack J. Pelton, CEO/Chairman of the Experimental Aircraft Association (EAA). “EAA was a leader in getting this done because it was the right thing to do for members, working in cooperation with fellow aviation organizations, congressional leaders, and others to persistently pursue this path against many challenges. This win is for everyone who loves recreational flight.”

This has been a long journey.

“We did it together! Medical reforms are now the law, and that’s a big win for general aviation,” said Aircraft Owners and Pilots Association (AOPA) President Mark Baker. “It has taken years of commitment and hard work to make these reforms a reality. AOPA and EAA started the current reform effort back in 2012 when we petitioned the FAA for a medical exemption but the terms of that petition were much more limited than what pilots will get under the new reform law. This is something our entire community can get excited about.”

But I can’t help feel a little … I dunno. It’s hard for me to explain.

fireworks

I expected fireworks. I expected parades with eco-friendly ticker tape.

OK. I didn’t really expect fireworks and parades. But just like that… it’s done.

Well, almost. The FAA still has to write the rules that officially put in place third class medical reform.

Congratulations to us all. Thank you to the EAA and AOPA for taking up the cause and seeing this through.

But I can’t help but wonder… what’s next?

About Ben Sclair

Ben Sclair is the Publisher of General Aviation News, a pilot, husband to Deb and dad to Zenith, Brenna, and Jack. Oh, and a staunch supporter of general aviation.

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Comments

  1. John D says

    January 1, 2017 at 9:16 pm

    Happy New Year everyone! This is the year the medical reform will happen, in whatever form it takes!

    The rumor is that the FAA will issue its NPRM in Jan ’17.
    Personally, I would have preferred a simple expansion of LSA covered aircraft to include C-172, Cherokees, and similar GA aircraft up to 200 HP.
    I feel like reaching for complex, 6000 lb aircraft, instrument flying, etc was asking for too much. That will likely provoke the FAA to be as restrictive as possible.

    In reality, the medical is still with us. The crux of the issue, IMO, is the questionnaire, which requires you to list EVERY issue you have EVER had IN YOUR LIFE. That is still part of the new process. Thus your entire medical history is forever up for review, which is one of the most frustrating things about the 3rd class medical. And the legal jeprody still exists for non disclosure. And once disclosed, you are again potentially subject to denial or at least a doctor not being willing to sign off on it. The liability doctors may sense could make them shy about signing pilot medicals. As others have said, doctor tort reform in this would have been very desirable. Perhaps the new administration would be more likely to do that. Also, while it is said that the medical exam doesn’t get sent to the FAA, the caveat “unless requested” remains. So, in reality they can request it anytime they want. Most legal issues arise if there is an accident or incident. Then your medical history is subject to investigation just as much as previously, and your questionnaire answers are part of it. And of course insurance carriers are going to be looking at your medical situation, especially if there is an accident. All in all, I don’t think this reform gives us as much relief as at it might at first appear.

  2. Brian says

    September 5, 2016 at 11:02 am

    I think that this legislation is extremely disappointing. Once this goes into law I can’t imagine the FAA opening this discussion again, it’s over for the driver license medical for recreational flying in any type of FAA certified aircraft. I would be interested to see how many additional pilots this new law actually helps.

    Personally I believe that a recreational pilot who that has gone to the expense and put in the hours necessary to earn a PPL higher rating is responsible enough to know when he/she is not feeling well or shouldn’t fly. Maybe someone can explain why a driver license “medical” in an SLA is safer then driver license medical in an standard 2 or 4 seat FAA certified plane. Is there any statistical evidence that backs up the need for the 3rd class medical?

  3. Chery says

    August 6, 2016 at 7:11 pm

    I am sure all the pilot support organizations, that worked hard to get this far will not just pat their selves on the back, fold up shop, and go home with grins on their faces. They will keep working for us as they have done in the past and, I will keep supporting them with emails, letters, and $$. Like most organizations, and I belong to a community air search group, a few people do all the work, and the rest reap the rewards.

  4. James says

    August 6, 2016 at 11:02 am

    I don’t like sour grapes, but I still feel a bit burned by the sudden switch from doing away with the third class medical for certain flight conditions, to still requiring it at least once. That leaves a large swath of pilots out (myself included, of course) who aren’t willing to risk a third class exam – a failure means you’re grounded for good (or until you can pass, I guess). That’s what they explicitly campaigned for for years, and then caved at the last minute due to pressure from the airline pilots’ union. I think they overreached in the Pilots Bill of Rights 2 – a more modest proposal would probably have gotten through. But what irked me is the way they just shifted gears without acknowledging what a huge change it was, and that they left a bunch of us in the lurch. It’ll still be no easier to pass the medical, which means only having to do it once won’t be a help. And no, I haven’t had quadruple bypass surgery or anything – just a history of mild mental health issues. And has been pointed out ad nauseam, we all self-certify every time we fly.

    • Jeff Aryan says

      August 7, 2016 at 11:50 am

      To James and All,

      You just can’t please everyone. That is reality. You self admitted that you have had a mild history of mental health issues. That is an issue for everyone who flies has to be concerned with. It’s tough enough to just fly the aircraft safely. And then to have to worry about someone else’s ability to perform the same function as you are doing. NO SIR, NO WAY, you shouldn’t be up there. You are a hazard to everyone else. Plain and Simple.

      The other issue is, The FAA was not doing nor were they going to do a damn thing about medical reform. Period. It had to take an act of Congress so the FAA administrator and FAA personnel could cover their butts because they are so worried about losing their jobs and being sued for something. It’s a institutional cultural thing within the organization.

      At the moment, this is the very best that could come out and it’s not that bad. Essentially 98% of the GA fleet will be able to continue to fly and a heck of allot more potential pilots can come back to flying.

      Yes, not everyone is going to be able to fly just like not everyone is able to be an airline pilot making the big bucks or be an astronaut. But this legislation opens up a huge increase of potential people and helps keep that pipeline going almost indefinitely.

      I give credit to all the people and groups who made this happen. The FAA is a government agency that is out of control and really doesn’t give a damn because they hide behind the guise of safety and we know better because this is what we do.

      Also many of the upper echelon FAA personnel fail to realize that they work for the people and not the other way around. “We the people” control the purse strings and it’s been too long since those strings have been tightened and have really made the agency held to answer. Just look what happens everytime the budget comes up. Continuous crying and struggles. Why ? mainly because of the bureaucrats. Especially when the leader is not a pilot and the leadership owes its’ allegiance to the political part in charge. Hmmm, what a way to run an agency for the people. Not the political party in charge.

      Aviation has been around for over a hundred years, been thru wars, peace, put men in space and on the moon. It is a mature industry. The FAA still wants to live in the 1940’s past. Again, that is why this bill was passed. It doesn’t help everyone but it sure helps allot of people. Just like the age 60 rule. It didn’t help everyone but it did help many. I could go on but I think I’ve said enough to get my point across.

      Again, this bill is outstanding for many. It won’t solve all of the problems but it goes a long way to solving minor things. Thanks again to all who made it happen.

      Jeff Aryan

      • Chris says

        August 8, 2016 at 8:14 am

        Jeff –

        I get it.. this legislation clearly benefited you, so you easily write off any points of view that don’t impact your ability to fly. It’s also easy to dismiss things as ‘scary’ that you don’t fully understand.. I get that too.

        But, this isn’t 1960 anymore… many diseases are fully treatable and controllable, including those of a mental nature. Just because someone has mild/moderate depression/anxiety, doesn’t mean they are looking to divebomb a 172 into your house. In fact, that has happened numerous times with people who are certified. I am in the same spot as James, grounded from my dreams of flight for decades merely because I have mild depression/anxiety, much like the majority of the rest of the country, whether they admit it or not. I’d much rather have a pilot flying me around, privately or commercially, who was properly screened & treated than one who doesn’t seek treatment and keeps their issues in the dark for fear of losing their livelihood or hobby. Germanwings is the perfect example of this. I %100 believe that if we had a system that properly screened & treated pilots that tragedies such as that would not occur. Does that mean every mental issue is conducive to flying? No.. of course not. But painting with a wide brush is not the way to go here.

        What has this 3CM reform done to enhance safety? Jack s**t. That’s what. It merely made it perfectly clear that the entire FAA medical process is a sham, and can be bought for the right price. So, people like you keep claiming that people like James & I are ‘scary’, yet you fully endorse medical reform that does nothing to enhance safety, but gives full reign to someone to managed to pass a medical once in the past 10 years (even if by lying/omission) to have no further FAA medical oversight whatsoever ever again. If you all are really this dense, maybe it’s you all who lack the proper judgement to pilot an aircraft.

        We live in a world where LGBT’s are allowed to pick what bathroom they ‘identify’ with, which is great, but someone like myself who responsibly seeks mental treatment, has no criminal record, no history of mental issues ‘involving or manifested by overt acts’ and a successful career, is denied the privilege of flight under the guise of ‘people who are depressed are scary’. How is this not textbook discrimination?

        This is archaic thinking of people like you need to stop feeding into it. If you want to make flying safer, create a program that allows people to fly safer, rather than this ‘safety charade’.

        • Jeff Aryan says

          August 10, 2016 at 4:05 pm

          To Chris,

          Sorry Sir , the legislation has not benefited me one bit. I am in fine health. I made my comments because the other person claimed he had an issue. If he and/or you can be treated then great and rejoin the flying community, we want you back. If not then why put myself or others in danger.

          But the real issue was the FAA. They were not going to anything about medical reform, PERIOD. And it showed. Remember the petitions from the AOPA. It had to have an act of Congress to get done.

          I’ve said it before and have posted my views. Yes, the FAA is living in the past. Why not ? What is there incentive to change things ? Answer : None. They are the government and the government is usually made up by people who like to follow rules so they don’t get yelled at, held to answer, hard for them to make judgement calls, etc. They also probably worry about being sued more than the average person. That is your stereotypical government employee.

          Now I don’t care about your life style or what you do. But being safe and not a hazard to anyone else is the issue. Some standards have to be put down in writing as a way of measurement. I really think it sucks for your situation but I’m not in charge of it. You, your doctors and the FAA are. I can only give you encouragement to continue to seek ways to get back into flying. I wish you the best of luck.

      • James Hanson says

        August 8, 2016 at 6:41 pm

        I should just let this go, as I’ll probably be dismissed as a raving lunatic. But your remarks represent typical ignorance about mental health. There are millions who suffer from mild depression that is easily treated with medication without any side effects. The FAA has recognized this by making it theoretically possible to be on a certain type of anti-depressant and be issued a third-class medical. But, as we all know, if they decide not to pass you, you’re grounded. Rest assured, Mr. Aryan, you have nothing to worry about from this pilot, who has 38 years of safe flying. In my view, the kind of ignorance and arrogance you display is far more dangerous. 🙂

  5. Lawrence A Babb says

    August 2, 2016 at 11:25 pm

    Let see if doctors will sign on to this. I think allot of doctors well not sign because of the liability. They should have put in the law the doctors could not be sued. I wish they just would have expanded the light sport to 180 hp or less and not more then two passengers.

    • Gary Frick says

      August 6, 2016 at 8:51 am

      I certainly agree the majority, if not all, of the rusty pilots with medicals over 10 years would have been more than happy with anCessna 172 SP or equivalent. The thrust of the PRB2 was to abolish the medical, period. Fortunately, I feel fortunate that we have the light sport classification and I am greatful for this. We can fly and that’s the most important thing

  6. 115TS says

    July 25, 2016 at 8:02 am

    What stupid comment by texaspilot
    Good lord how many text message people killed
    People this year
    Pilots work hard to become current and respect the airways
    This is just government getting out of the way

  7. TexasPilot says

    July 24, 2016 at 10:46 am

    These are great rules? What happens when an aircraft crashes into a house and kills the people in it because the pilot had a third hear attack but didn’t need a medical because EAA and AOPA lobbied for it? At least I know who I’ll sue if it happens to my family.

    • Rich says

      August 6, 2016 at 10:46 am

      You just stay in bed in your bunker and everything will be fine, chicken little.

  8. Mark says

    July 23, 2016 at 5:53 pm

    From what I have seen, the new “medical checklist” that your physician will be required to certify is somewhat more comprehensive than any 3rd or even 2nd Class Medical I have had in the past. So much for the “drivers license” medical ala LSA pilots have. That is what most people were expecting from the medical reform I think.

  9. Trip says

    July 23, 2016 at 4:36 pm

    Didn’t the 10 year look back start when the president signed it?

    • Rich says

      August 6, 2016 at 10:46 am

      No.
      When it gets finalized.

      • John says

        January 1, 2017 at 8:47 pm

        No, I believe the look back is 10 years from the signing of the bill, not the finalization.

  10. Joe Gutierrez says

    July 19, 2016 at 11:14 am

    I haven’t heard any comments from Mr. Huerta, I wonder why he hasn’t raised his head and giving his words of wisdom? I’m sure something is in his craw that needs to be spit out. I would of thought this would of been a great opportunity to say something towards our accomplishments on the positive side, I hope this doesn’t mean he could care less..Sorry if I have offended anyone. That was not my intent..

  11. Ed says

    July 19, 2016 at 8:03 am

    I think I’ll stay with the FAA 3rd class physical.

    • Tom says

      August 6, 2016 at 9:34 am

      Yep, me too.

  12. Moses Lonn says

    July 19, 2016 at 6:56 am

    The Medical reform just may keep some folks flying. All of you take good care of yourselves, now.

  13. Capt.John Mooney TWA Retired Pilot says

    July 19, 2016 at 6:40 am

    When can we actually start using these new rules? I would like to start fight now, is that possible?

    • Ben Sclair says

      July 19, 2016 at 9:43 am

      No. The FAA has 12 months to create the rules to support the legislation.

  14. Otto Keesling says

    July 19, 2016 at 6:19 am

    I am hopeful that the FAA (Flight Standards) will have the wisdom to keep the new regulation simple and void of government gobble de gook. I have known many good people in Flight Standards while flying out of Hanger 6 and OKC as an air traffic evaluator. That was in the 70’s and things change let’s hope this landmark decision goes forward without further disappointment.

  15. Jeff Aryan says

    July 18, 2016 at 6:32 pm

    I concur with the above comment. It only took 30 plus years and act of Congress. The FAA just got a swift kick in the butt on this one and we all know they won’t go down without a fight. I just hope there are some clear heads in the FAA and they will just move on without meaningless and usefulness regulations.

  16. John says

    July 18, 2016 at 2:13 pm

    It ain’t over till it’s over. The FAA still has a year to screw it up….Still we are so much closer than we were in 2012. Hold off on the fireworks until 15 July 2017

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