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Expired Medical

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Cambereffect

Active member
Joined
Jun 3, 2006
Posts
39
Howdy,

There as been a dicussion at the place at work and we don't seem to be getting anywhere, maybe somebody here will have a good insight or suggestions.

One of the instructor got a medical on 11-16-2002, a first class (edit: he is less then 40 years old). During an instructor dicussion/bs session, we were talking about medicals and he realized he had been flying a year without a medical.... he got his last medical was 11-10-2006, four years apart... talk about a "ooops" and "oh sh*t!"
So now the debate is whether to tell the FAA about it and get a slap on the hand or just keep quiet.... My belief is that the FAA will find out because on the application forms its asks how many hours you have flown in the last six months (Don't know how many hours he put, but he did put some hours in that column, so he basically admits that he has flown without a medical...) so I say call the FSDO and be honest, some say stay under a rock.

So does the FAA actually check that stuff?

What would you guys, and ladys, side on this matter?

CB
 
It would depend on the type of flying the guy was doing.

If he was giving instruction to pilots that were rated in the aircraft and could legally act as PIC, then the instructor doesn't even need a medical. He could fly on the trainee's medical. Examples would be giving commercial instruction or BFRs or IPCs.

If he was giving instruction to student pilots who aren't rated to act as legal PIC yet, then he has to have the second class medical.

My advice for this guy is that if there hasn't been a stink raised over it yet, there probably won't be. Just keep quiet and stay under the radar.
 
61.23(b) Operations not requiring a medical certificate. A person is not required to hold a valid medical certificate—
(1) When exercising the privileges of a student pilot certificate while seeking—
(i) A sport pilot certificate with glider or balloon privileges; or
(ii) A pilot certificate with a glider category rating or balloon class rating;
(2) When exercising the privileges of a sport pilot certificate with privileges in a glider or balloon;
(3) When exercising the privileges of a pilot certificate with a glider category or balloon class rating;
(4) When exercising the privileges of a flight instructor certificate with—
(i) A sport pilot rating in a glider or balloon; or
(ii) A glider category rating;
(5) When exercising the privileges of a flight instructor certificate if the person is not acting as pilot in command or serving as a required pilot flight crewmember;
(6) When exercising the privileges of a ground instructor certificate;
(7) When serving as an examiner or check airman during the administration of a test or check for a certificate, rating, or authorization conducted in a flight simulator or flight training device; or
(8) When taking a test or check for a certificate, rating, or authorization conducted in a flight simulator or flight training device.

Once his 3rd class expired all flight experience would have to fall under the above. I would assume he was getting PAID since his 2nd class expired. Ouch.

But I personally would make the FAA work for that paycheck.
 
If he was giving instruction to student pilots who aren't rated to act as legal PIC yet, then he has to have the second class medical.

Third-class medical, actually. Flight instruction, even for money, is not a commercial operation. While a commercial certificate is currently a prerequisite for the CFI, it wasn't always.

This is covered in FAR 61.23:

(a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and (c) of this section, a person
...(3) Must hold at least a third-class medical certificate—
(i) When exercising the privileges of a private pilot certificate;
(ii) When exercising the privileges of a recreational pilot certificate;
(iii) When exercising the privileges of a student pilot certificate;
(iv) When exercising the privileges of a flight instructor certificate...if the person is acting as pilot in command or is serving as a required flight crewmember...


Nomad said:
Once his 3rd class expired all flight experience would have to fall under the above. I would assume he was getting PAID since his 2nd class expired. Ouch.

Pay is irrelevant. The only question is, were any of his students during that last year ineligible to act as pilot in command of those aircraft in which they were being taught? (Medical, and appropriate category, class, and [if applicable] type rating?) If the students could all have acted as PIC of their instructional aircraft--say, if the instructor was doing CFI training, acro training, tailwheel, high performance, complex, etc., but no private training or initial multi-engine training or anything like that--then he was perfectly legal to teach with no medical at all. Yes, for money.
 
Ah, well I was just going off of past employer experience. Every place I worked for required me to have a 2nd class when I was instructing.
 
I generally kept up a second-class medical, because as an instructor I was regularly hired to do sightseeing and photo flights, and repositioning airplanes for my employer. All of those are commercial operations, and thus required me to have a second-class medical.

Perhaps being available for that kind of thing is why those employers required it? Or it could very well be that they were under the erroneous assumption, as many are, that instructing is a commercial operation.
 
It's possible. But better to be safe than sorry, eh?
 
I would go to them and self disclose. It will be a lot better than them finding out and revoking our certificates which is what they will do. Then you will have to start from scratch again. They will probably let you keep your cert. if you tell them and give you a 6 month vacation. Maybe not any vacation at all, but you can guarantee a long one if you don't tell and they find out
 
If you've had any eye exams or GP physicals during the expired period, you might want to have this documented and furnished if you're going to contactthem. Hopefully, you can show them that your general health was still in goood condition even though you hadn't seen an AME.

....not saying that this is a saving grace, but it may help your cause, especially sicne it seems like the person made an honest mistake or oversight.
 

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