Handling the Aviation Medical Case
| Publication year | 1978 |
| Pages | 714 |
1978, May, Pg. 714. Handling the Aviation Medical Case
Colorado has over 14,200 active civil aviation pilots licensed by the Federal Aviation Administration (FAA).(fn1) In order to serve as pilot in command of an aircraft, each of these individuals must possess not only an FAA pilot certificate, but also a current FAA airman medical certificate.(fn2)
There are three classes of airman medical certificates: the first class certificate, required for pilots in command of air carrier aircraft, is the most difficult to obtain and has a duration of only six months; a second class certificate is required for other commercial flying and has a duration of twelve months; the third class certificate is required for private pilots and is valid for twenty-four months.
An individual seeking new medical certification, renewal of his medical certificate, or upgrading of his medical certificate must submit to physical examination by a private physician designated as an "aviation medical examiner" ("AME"), at the pilot's own expense. These AME's are the front-line decisionmakers in the aviation medical certification process. The AME must decide upon examination of each application whether an airman medical certificate should be issued, should be denied, or should be deferred for further evaluation by the FAA Aeromedical Certification Branch in Oklahoma City.(fn3)
There are nine physical conditions which always require that the AME deny the certificate, regardless of the class of certificate sought: myocardial infarction, coronary heart disease, psychosis, character or behavioral disorders manifested by overt acts, epilepsy, disturbance of consciousness without satisfactory medical explanation, drug addiction, chronic alcoholism, and diabetes mellitus requiring insulin or other hypoglycemic drugs for control.(fn4)
The Federal Aviation Regulations also set forth other standards requiring varying degrees of visual acuity and color perception, auditory acuity, and cardiovascular system performance, which vary with the class of certificate sought by the pilot. Additionally, a pilot may be disqualified if the Federal Air Surgeon, who supervises the certification program, finds that the pilot has any
other organic, functional or structural disease, defect or limitation that. . . makes the applicant unable to safely perform the duties or exercise the privileges of the airman's
certificate. . . or may reasonably be expected, within two years after the finding, to make him unable to perform those duties or exercise those privileges.(fn5)
The AME must forward all reports of aviation medical examinations to the FAA Aeromedical Certification Branch in Oklahoma City. All reports are screened by computer, and if the data on the report where a certificate has been issued fail the computer audit, the report is reviewed by FAA medical staff. Problems thus detected which go beyond simple clerical errors may result in a request for additional information from the pilot, such as hospital records, specialists' examinations, or medical flight tests.(fn6) In such a case, or where the AME has deferred issuance of a certificate pending further evaluation, after all such additional information has been gathered, an initial in-house FAA decision will be made as to whether or not the individual is eligible for medical certification.
The lawyer typically becomes involved in aviation medical proceedings only where an application for certification has been denied or where a pilot's existing medical certificate has been revoked by the FAA. This article examines the procedural alternatives available to counsel representing clients in either of these...
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