Every airman must have a valid medical certificate before he or she can legally fly as pilot-in-command (PIC) or second-in-command (SIC) of an aircraft. While the medical standards for airmen depend upon whether the airman is seeking a first, second, or third class medical certificate, you should know that if you are denied a medical certificate you are not out of options.
Chapter 14, section 67.409, of the Code of Federal Regulations, allows airmen the opportunity to fight the FAA if they are denied a medical certificate. An FAA attorney for the airman can appeal a denial of a medical certificate to the NTSB in writing. However, the airman has to act quickly because Federal regulations only grant an airman 30 days to appeal the denial of a medical certificate to the NTSB from the date that the airman was denied a medical certificate.
In some circumstances, an aviation attorney may get the Federal Air Surgeon to authorize a special issuance of a medical certificate for the airman. A special issuance of a medical certificate may be granted in the Federal Air Surgeon’s discretion even though the pilot does not meet the qualifications set forth under the Federal regulations.
Your aviation attorney at The Ison Law Firm will set out to prove to the Federal Air Surgeon that you, the pilot, are able to satisfy the duties of the specific medical certificate without endangering public safety. In some instances, The Ison Law Firm can prove that the airman’s disqualifying medical condition is temporary and that the airman can still perform the necessary duties without endangering public safety. If so, then the Federal Air Surgeon will grant the airman a Statement of Demonstrated Ability which does not expire and enables the medical examiner to issue a medical certificate of a specified class.
If you are a pilot and have lost your medical certificate, do not hesitate to call The Ison Law Firm to discuss your options.
