SAL'S LAW
"Your Legal Eagle"
J.P. via Email: Sal, I just picked up Atlantic Flyer and after 7 years away from flying, I think I am ready to get back in the saddle as a sport pilot. One issue looms over me. Seven years ago I stopped flying when my medical was “temporarily denied” by the AME for a medical condition, and a request for further medical tests. I never provided the tests and chose instead to stop flying. Since this was not a full rejection, am I eligible for the non-medical license as a sport pilot?
Sal’s Law: Unfortunately no. Under the FARs, any denial of a medical certificate, whether temporary or not, is considered a denial for all purposes. Before you can become a sport pilot, you would first have to pass your 3rd Class Medical. Some hopeful news though, since your denial is based on information and regulations from seven years ago, you need to check and see if the tests that were required back then are still required today. The FAA has made many changes to their medical rules and requirements in the past few years that make the process much more reasonable, that is, for government standards. It would be best to be examined by your general physician with an eye on the very condition that caused the inquiry seven years ago. If it’s nothing serious, it is possible that the test may no longer be required. If the condition continues, best to treat it for your own good. We don’t want you to get angel wings too soon.
L.S. via Email: I just read that the FAA has banned the drug Chantix. My doctor prescribed the drug to me to help me stop smoking, while it was allowed by the FAA. I immediately stopped taking the drug, but do I need a new flight physical before I start flying.
Sal’s Law: Well LS, if you are still smoking I hope the doctor at least put the fire out. Actually, the drug has been recently banned by the FAA for pilots and controllers. When they first approved of its use, they were unaware of some of the severe side effects such as dizziness, seizures and loss of consciousness, not good behavior for pilots, or for anyone else. Once you stop taking the drug, you must wait 72 hours before flying again. In that way the entire drug will be out of your system. No need for a new physical.
Sal’s Note: Many of you may have noticed that, at towered fields, you are now being given much more detailed taxi instructions. The FAA has instituted a program of more specific taxi instruction requirements for its controllers in an effort to reduce runway incursions. While leaving HPN the other day I was given an alphabet soup list of which taxiways and intersections to cross. In the past, a simple “taxi to runway 34” would have sufficed. Unfortunately, this is a response to a problem that has only marginally been reduced with educational efforts. Remember, when cleared to a runway you should take the most direct route and not cross the runway you are cleared to, unless otherwise instructed. At non-towered fields, remember to watch the taxiway signs closely. You can obtain a complete list of the signs at AOPA.org. Now, how do I get to my kitchen, let’s see, a left on the bathroom hallway, right turn onto living room taxiway and cross the active den hall.
Blue Skies to all!
Sal A. Lagonia Esq - is an aviation attorney and safety consultant with offices in New York. He is a member of AOPA Legal Panel, LPBA and NTSB Bar, as well as the speakers’ bureau on aviation topics. Send questions or requests to 914-245-7500 or LagoniaLaw@NYSBar.com.