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View Full Version : Medical special issuance vs training, fallback plans if can't solo?



vibster
05-24-2021, 08:07 PM
Hi all! I've always had it in the back of my mind to someday try to learn to fly small planes, and in my middle age I'm now seriously researching it, dithering between private pilot and sport pilot as goals. (Daytime VFR flying is all I really want to do.) The biggest roadblock is that I have a mental health condition which would require me to get a special issuance medical even for the sport pilot license, which involves proving I'm under a state-licensed doctor's care and that I'm managed and safe to fly. My understanding is these can get backlogged in the bureaucracy and even then it's not a sure thing you'll get it.

So I feel like I want to be prepared for the possibility that I can't pass the medical and would be unable to fly solo under the private pilot or sport pilot rules.

In such a circumstance, realistically speaking will I still be able to hire an instructor to take the lessons I would take for, say, the sport pilot license, then just not do the solo flying? That would still get me cockpit time (fun and educational) while still being under the instructor's supervision (safe). Would typical instructors at a small airport be happy to arrange that or would I need to do some fast talking? :)

For folks who have dealt with getting a special issuance on the medical, what sort of delays or problems did you have? Is it something that is reasonable to pursue, or trickier than it seems?

Thanks in advance for any help! I'm new here and still working out where to best direct my efforts learning.

MEdwards
05-24-2021, 10:35 PM
PM sent.

vibster
05-25-2021, 05:56 AM
Thanks! Sounds like helpful advice. :)

lnuss
05-25-2021, 07:12 AM
So I feel like I want to be prepared for the possibility that I can't pass the medical and would be unable to fly solo under the private pilot or sport pilot rules.

In such a circumstance, realistically speaking will I still be able to hire an instructor to take the lessons I would take for, say, the sport pilot license, then just not do the solo flying? That would still get me cockpit time (fun and educational) while still being under the instructor's supervision (safe). Would typical instructors at a small airport be happy to arrange that or would I need to do some fast talking? :)

Obviously I can't see the PM, so I'm sorry for any duplication. But assuming that this mental condition won't cause potential problems for the instructor (violence, fighting the controls, etc.) I suspect that you could, at the least, be able to find an instructor who'd still give you training. A number of years back (in the '70s) a young man who had vision problems (coke bottle glasses) that precluded ever getting a pilot certificate, came to our flight school to "spend my Navy bonus." He was an absolute ball to fly with and so obviously was having a LOT of fun that he made a big impression on me about living life to the full. BTW, he even did pretty well in the flying, in spite of his visual limitations.

So, depending on your actual condition, it may well be possible to do this.

DaleB
05-25-2021, 10:16 AM
Assuming you are able to hold a state issued driver's license, you would not need an SI for a Sport Pilot certificate, since you don't need a medical certificate at all. If on the other hand you don't have a driver's license, then my guess would be a very long and expensive SI process with, of course, no guarantee of success.

If you apply for a medical and SI and get denied, you'll be limited to ultralights, balloons, and gliders. That may not be a bad solution, depending on your goals. There are "self launching gliders" that are the equal of Light Sport airplanes in many respects, and if your plans don't include long distance travel there are plenty of ultralights, paramotors, and so on.

All that said, I doubt you'd have much trouble finding instructors who would be happy to give you extended flight training for the rest of your natural life, no fast talking needed. There's always a way.

Dana
05-25-2021, 12:19 PM
Unless you've already applied for and been denied a medical, you don't need a special issuance to fly as a Sport Pilot. All you need is a state driver's license.

Eric Page
05-25-2021, 04:40 PM
This is what they're talking about: https://www.aopa.org/advocacy/pilots/medical/basicmed

vibster
05-25-2021, 04:43 PM
Thanks for the info & replies so far! I'm still researching and this is all helpful.

I do have a state driver's license, and haven't done the medical yet (so no failures logged, or SI process started), so I guess it comes down to the reading of 14 CFR Part 61.303:



A person using a U.S. driver's license to meet the requirements of this paragraph must -

(1) Comply with each restriction and limitation imposed by that person's U.S. driver's license and any judicial or administrative order applying to the operation of a motor vehicle;

(2) Have been found eligible for the issuance of at least a third-class airman medical certificate at the time of his or her most recent application (if the person has applied for a medical certificate);

(3) Not have had his or her most recently issued medical certificate (if the person has held a medical certificate) suspended or revoked or most recent Authorization for a Special Issuance of a Medical Certificate withdrawn; and

(4) Not know or have reason to know of any medical condition that would make that person unable to operate a light-sport aircraft in a safe manner.


It's the subparagraph 4 that worries me -- I can say I believe I'm safe to fly under sport pilot rules, but do I run a risk of the FAA deciding otherwise, and what sort of enforcement action is possible? Eg, if they just ground me until I can pass a medical with a special issuance, that's fine -- even if it ends up being impossible to get the SI, I'd feel like I went through proper procedure. But if they fine me for every flight I've ever made that would be un-fun! ;)

I do know that since the LSA and Sport Pilot spec limitations and operational rules are more limited they're a bit laxer on the medical stuff, so I understand if it literally is a more lax entry point to flight, because there's less danger from someone's health taking a surprise turn for the worse. It's also good to figure out just what the rules are. :)

In a pinch, ultralights are also definitely a possibility for me to explore to get my 'fly a bit' experience, and remain a fallback position -- as well as something I might due to just "build my own" even if I can also fly big-kid planes!

Thanks again for advice so far; I'm going to do more research on the sport pilot + driver's license situation specifically to see if I can get a firmer picture of things!

Dana
05-25-2021, 06:04 PM
Paragraph 4 means that you, in your own reasonable opinion, have no medical issues that would prevent a safe flight today. The only time the FAA would ever look at it is if your medical condition, that you know of, causes you to have an accident.

Eric Page
05-25-2021, 08:16 PM
Dana is exactly right. All pilots have to assess their fitness to fly before each and every flight. If you're having a rough day and you don't feel that flying is a safe activity today, then don't fly. If your doctor put you on a new medication, wait a week or two before you fly again to see if there are any side-effects. As long as you're responsible about making an honest assessment of yourself, your doctor is aware that you fly and hasn't advised against it, and none of your medications carry an advisory against operating motor vehicles or machinery, you should be fine.

Oh, and I'm not a lawyer.

If you have specific questions, my advice would be to join AOPA, then call them and ask to speak to an aeromedical advisor. Details here: https://aopa.org/go-fly/medical-resources

vibster
05-25-2021, 08:42 PM
Thanks! I'll look into AOPA as well for some additional confirmation; and that's a helpful clarification on the sport pilot medical rules. (As always, will take professional advice in the end and do what's safe first and foremost!)

FlyingRon
05-26-2021, 05:50 AM
I'll warn you about AOPA medical phone help. It's not very good, and one of the reasons I ended up grounded a few years back.

Tons of useful information is available just by reading the FAA's own guidance:

https://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/ame/guide/

DaleB
05-26-2021, 07:06 AM
Whether or not you are fit and safe to fly under Sport Pilot rules is between you and your doctor(s).

vibster
05-26-2021, 09:33 AM
Thanks, the FAA AME guidance is exactly the sort of info I'm looking for! Very helpful, and I think I can trim out the private pilot license as a possibility based on the guidance in there, as a special issuance looks unlikely. Will continue to research sport pilot, with backup plans to limit myself to taking lessons under supervision if that's too sketchy or turns out to be a hard no. :)

Eric Page
05-26-2021, 01:28 PM
Or, as you suggested above, fly ultralights with no need for any "permission" from the government. Many years ago, before I took the path toward commercial flying, I flew ultralights for awhile. Believe it or not, back in the early 90's there was a place in Arlington, WA that actually rented ultralights and offered instruction. I don't know what the ultralight instruction and rental landscape looks like today, but I remember that time well; it was some of the most fun I've ever had in the air.

Whatever you decide, good luck, and I hope to meet you on the ramp one day!

vibster
05-27-2021, 03:15 AM
Thanks! I've definitely still got ultralights in as a possibility.

I'm not sure I can find any place in Oregon/Washington that'll rent them these days but I see a few places around that do ultralight-specific training in 2-seater SLSA variants. If I can get local-area training in regular planes (and just not do the solos or apply for the license), then do type-specific ultralight training, I could save up my pennies and buy a kit, build it, and fly it from an uncontrolled airport outside of town.

While I'm still not confident I would be able to do sport pilot without encountering FAA trouble -- and I want to be in compliance and safe to begin with! -- the ultralight plan looks solid in either case. :)

malexander
05-27-2021, 05:35 AM
Dana is exactly right. All pilots have to assess their fitness to fly before each and every flight. If you're having a rough day and you don't feel that flying is a safe activity today, then don't fly. If your doctor put you on a new medication, wait a week or two before you fly again to see if there are any side-effects. As long as you're responsible about making an honest assessment of yourself, your doctor is aware that you fly and hasn't advised against it, and none of your medications carry an advisory against operating motor vehicles or machinery, you should be fine.

Oh, and I'm not a lawyer.

If you have specific questions, my advice would be to join AOPA, then call them and ask to speak to an aeromedical advisor. Details here: https://aopa.org/go-fly/medical-resources


This exactly.
Don't kid yourself about the sport pilot license. It really IS a real license to fly and do exactly what you say you want, day VFR. Granted, you'll also be limited to only one passenger, BUT, you may only have one friend, lol.

On the other hand, once you get a pilots license, you find out you have/had more friends than you knew about. Sort of like winning the lottery, you find out you have more relatives than you ever imagined.

vibster
05-30-2021, 11:11 AM
So after some further research on FAA & AOPA sites:
* Sport pilot allows you and your doctor to decide if you're safe unless you have either gotten, been denied, or been yanked from a medical cert... BUT it's the FAA not your doctor who will enforce the rule.
* My condition and medication would get me denied as unsafe to fly by the FAA based on their guidance to medical examiners.
* Ergo, I can't assume that even if my doctor cleared me that the FAA wouldn't come down like a ton of bricks, yank my license, and possibly issue a fine for every time I've touched an airplane.

Unless someone can provide some evidence of actual people *openly* flying on sport pilot license with conditions like bipolar and ADHD and not getting in trouble with the FAA, I'm going to assume it's ultralights for me. :)

Thanks for your time, all!

DaleB
05-30-2021, 01:31 PM
Lots of people flying under Sport Pilot rules have conditions that would get their medical certificate denied by the FAA. I personally know of several who have conditions that would get a medical certificate application denied, with no chance of an SI. It doesn't matter. Flying under Sport Pilot rules does not require a medical certificate. The only evidence you need of medical fitness ids a state issued driver's license. After that, it's between you and your own doctor or doctors to decide whether or not you're capable of operating the airplane safely. The only way the FAA is going to decide otherwise is if you crash, or get violated for doing something unsafe or illegal, and then it's not a medical question -- it's a rules violation.

SP or ultralight is entirely up to you... but there really isn't some "double secret probation" medical aspect of holding a SP ticket. I don't know specifically about bipolar or ADHD, because there's no reporting -- since they wouldn't have medical certificates. You might ask over at the other, more widely read forums like Pilots of America or Sport Pilot Talk.

Whichever way you decide, have fun and I wish you the best!



So after some further research on FAA & AOPA sites:
* Sport pilot allows you and your doctor to decide if you're safe unless you have either gotten, been denied, or been yanked from a medical cert... BUT it's the FAA not your doctor who will enforce the rule.
* My condition and medication would get me denied as unsafe to fly by the FAA based on their guidance to medical examiners.
* Ergo, I can't assume that even if my doctor cleared me that the FAA wouldn't come down like a ton of bricks, yank my license, and possibly issue a fine for every time I've touched an airplane.

Unless someone can provide some evidence of actual people *openly* flying on sport pilot license with conditions like bipolar and ADHD and not getting in trouble with the FAA, I'm going to assume it's ultralights for me. :)

Thanks for your time, all!

Dana
05-31-2021, 06:43 AM
So after some further research on FAA & AOPA sites:
* Sport pilot allows you and your doctor to decide if you're safe unless you have either gotten, been denied, or been yanked from a medical cert... BUT it's the FAA not your doctor who will enforce the rule.
* My condition and medication would get me denied as unsafe to fly by the FAA based on their guidance to medical examiners.
* Ergo, I can't assume that even if my doctor cleared me that the FAA wouldn't come down like a ton of bricks, yank my license, and possibly issue a fine for every time I've touched an airplane.

Unless someone can provide some evidence of actual people *openly* flying on sport pilot license with conditions like bipolar and ADHD and not getting in trouble with the FAA, I'm going to assume it's ultralights for me. :)

Thanks for your time, all!

With sport pilot your doctor has no say in it, except to the extent that you do (and should!) listen to him. It's basicmed that requires the doctor's signature.

The only time the FAA will question a sport pilot's fitness to fly is in the event of an accident or incident where they believe a medical issue could be a contributing factor. They're not going around looking for pilots who shouldn't be flying.

vibster
05-31-2021, 06:14 PM
I laughed at "double secret probation", thanks for that! ;) And thanks for the additional data points so far.

I'll continue to research things on sport pilot and check more directly with AOPA (and with my doctor!), while keeping more limited ultralight flight in mind as a backup. My primary concern is with safety, and my secondary concern is with being in compliance with law and regulation.

I'm not satisfied with "they won't notice unless you have an accident"; I want "they won't care even if someone e-mails the FAA enforcement department with details of your medical condition and what medications you take, because they'd agree you're safe to fly under sport pilot rules", and I'm not yet convinced which is which. :D

Jim Heffelfinger
05-31-2021, 08:27 PM
You do know that EAA has a medical advisor right??? eaa.org is really running slowly with long load times right now. https://www.eaa.org/eaa/pilots/pilot-resources

vibster
06-01-2021, 11:13 AM
Oh actually I hadn't seen that! Thanks, I'll try to talk more directly with them as well as getting advice from AOPA. :)

On a more general note, my concern is that I have to plan for contingency scenarios as well as the best case scenario were nobody notices me. ;) If I, say, rent an LSA and land too hard, damaging the landing gear and giving my passenger a minor injury, then I have to deal with an accident investigation as well as medical and property damage liability. If I rent a plane from the local airfield, the non-owners insurance I'd need to get requires me to confirm I meet the medical requirements for the relevant license for the plane I'm renting, so I worry that in such a contingency if the FAA decides that no, actually I'm in violation of regs and should have known I shouldn't be flying in their opinion, I risk having my insurance claim denied and being personally liable for the property damage and medical bills *on top* of any fines they might levy me for flying against regs.

That's a risk I can't take. So I want to be sure I have my ducks in a row before I commit, that's all. :)

cking22001
08-18-2021, 11:47 AM
So after some further research on FAA & AOPA sites:
* Sport pilot allows you and your doctor to decide if you're safe unless you have either gotten, been denied, or been yanked from a medical cert... BUT it's the FAA not your doctor who will enforce the rule.
* My condition and medication would get me denied as unsafe to fly by the FAA based on their guidance to medical examiners.
* Ergo, I can't assume that even if my doctor cleared me that the FAA wouldn't come down like a ton of bricks, yank my license, and possibly issue a fine for every time I've touched an airplane.
Unless someone can provide some evidence of actual people *openly* flying on sport pilot license with conditions like bipolar and ADHD and not getting in trouble with the FAA, I'm going to assume it's ultralights for me. :)

Thanks for your time, all!

I am 58 years old and recently returned from Oshkosh and bad case of 'its finally time to get my license'. I have well controlled type 1 diabetes using a pump and CGM and thus was totally fixated on researching this and it seemed doable though possibly requiring some extra work/documentation/etc. I have pretty good vision in one eye but my other is not so great but have lived with this and compensated fully and feel that I am safe but it never dawned on me that it might be an issue.

Well, I was floored when my AME (after paying him $185) told me that my likely blocker is my vision! (of course, what was I thinking) Well I am now reading about SODAs and how others claim it is possible to get a PPL with one good eye but that is to be seen.

My question though, if I get denied (bulleted item above) does that screw my chance to fallback to a sport pilot license??

Any advice on the vision issue would be helpful also. I read that you can get a medical to start training and once ready to solo get an FAA monovision check ride? Is that accurate still? I guess I am awaiting my first reply from the FAA to start getting help from the EAA Aeromedical Advisory Program.

I was pretty bummed but am ready for the long haul just hope I did not screw up already.

Dana
08-18-2021, 12:52 PM
My question though, if I get denied (bulleted item above) does that screw my chance to fallback to a sport pilot license??


Yes. Did the AME open your application and defer it? If so, you're already screwed unless you prevail with a SODA. Pretty sure the diabetes is a disqualifier, too.

cking22001
08-18-2021, 01:46 PM
Nice. Yah, I am a 3 striker on the Special Issuance stuff...eyes, diabetes and cpap. So before I mess with those parts I want to see about the vision issue. I guess I want all or nothing anyway. PPL or just go strap a motor to my back and fly a parachute. :)

CHICAGORANDY
08-18-2021, 02:29 PM
There's always Ultralight Part 103? As a last resort of course. Me, short, old, bad eyes, high blood pressure, limited income and content to spend my meager $$$ on the new MSFS 2020 flight sim, a good desktop PC and compatible yoke, throttle quadrant and rudder pedals. Ya' does what ya' can do.

FlyingRon
08-20-2021, 05:50 AM
Yes. Did the AME open your application and defer it? If so, you're already screwed unless you prevail with a SODA. Pretty sure the diabetes is a disqualifier, too.
Well controlled diabetes is a fairly easy special issuance. I've known a few pilots that went through it. So's monocular vision.

lnuss
08-21-2021, 07:10 AM
I have pretty good vision in one eye but my other is not so great but have lived with this and compensated fully and feel that I am safe but it never dawned on me that it might be an issue.

Well, I was floored when my AME (after paying him $185) told me that my likely blocker is my vision! (of course, what was I thinking) Well I am now reading about SODAs and how others claim it is possible to get a PPL with one good eye but that is to be seen.

My right eye is a "lazy eye" which was 20/30 when I was young (not correctable), and now is not quite up to 20/40, and my left eye was 20/10 (need glasses now) but I got a SODA (often called a waiver) before I soloed in 1969. It's paper work and certain required tests certified by the eye doctor. So it's quite doable. And keep in mind that Wiley Post only had one eye, and he wasn't the only one over the years.

bigdog
08-28-2021, 10:09 PM
Oh actually I hadn't seen that! Thanks, I'll try to talk more directly with them as well as getting advice from AOPA. :)

On a more general note, my concern is that I have to plan for contingency scenarios as well as the best case scenario were nobody notices me. ;) If I, say, rent an LSA and land too hard, damaging the landing gear and giving my passenger a minor injury, then I have to deal with an accident investigation as well as medical and property damage liability. If I rent a plane from the local airfield, the non-owners insurance I'd need to get requires me to confirm I meet the medical requirements for the relevant license for the plane I'm renting, so I worry that in such a contingency if the FAA decides that no, actually I'm in violation of regs and should have known I shouldn't be flying in their opinion, I risk having my insurance claim denied and being personally liable for the property damage and medical bills *on top* of any fines they might levy me for flying against regs.

That's a risk I can't take. So I want to be sure I have my ducks in a row before I commit, that's all. :)

The "medical" requirement for exercising Sport Pilot privileges is a drivers license. Neither the FAA nor insurance can bust you as long as you have the drivers license - you satisfy the regs. A few years back I had AFIB. I got it fixed with ablation but it took a year between the mandatory wait time and the FAA hoops to get an SI. As soon as my doc released me I bought a Taylorcraft and flew as a Sport Pilot with my drivers license. All perfectly legal even though the FAA medical folks didn't think I was fit to fly <as a Private Pilot>. I was satisfied I was fit for an LSA as were my personal doctors and that's all that mattered. I couldn't fly my Navion but I could still fly something. Don't over think it. It really is true and legal. You're just limited to LSA qualified aircraft but if an LSA works for you then it's a gift. Accept it.

vibster
09-10-2021, 11:30 AM
Thanks everyone for all your feedback in this thread. :) From everything I can tell I should be good to go on sport pilot (with all the sport pilot limitations of flying an LSA in daytime VFR only, under 10k MSL), as long as I self-assess my medical state and listen to my doctor.

(And as long as I don't try to go for the class 3 medical and get denied! Safest to stick to sport pilot and not try to go above that.)