Petition for Review of Final Denial of Application for Airman Medical Certification

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 (1st), second (2nd), or third (3rd) class medical certificate, you should know that you are not out of options if you are denied a medical certificate.

One such option is to petition the National Transportation Safety Board (NTSB) for a review of the Federal Air Surgeon’s final denial of your application for an airman medical certificate according to Federal Aviation Regulation 14 C.F.R. § 67.409.

Petitions to the NTSB for review of the Federal Air Surgeon’s final denial are time intensive, follow strict rules of legal procedure and evidence, and often require expert witnesses to prove that the FAA’s denial was erroneous. The NTSB rules of practice in air safety proceedings allow an applicant to file with the NTSB a petition for review of the Administrator’s denial, per 49 C.F.R. § 821.24(a). Generally, the petition must identify the Administrator’s certificate denial action and contain a complete but concise statement of the reasons why the petitioner believes the FAA’s certificate denial was erroneous. Any petition for review of the Federal Air Surgeon’s final denial of an application must be made within 60 days after the date on which the notice of the denial was served on the petitioner.

The Ison Law Firm frequently represents airmen certificated with the FAA worldwide and litigates these types of cases before the NTSB on a routine basis. If you are an airman and the FAA denied your application for a medical certificate, or if the FAA requests more information regarding your eligibility to hold aeromedical certification, call your aviation attorney at The Ison Law Firm to discuss your options.