1 year later I get a letter from the FAA

[bbchien]

But then the FAA send the “invalid basic med” letter warning they will action the pilot certificate, if he operates....

 

[midlifeflyer]

Very interesting. So it seems like if his medical certificate expires and he obtains Basic Med, he would be on fairly good grounds to continue operating, unless the FAA makes a request under 68.11 for more information.

Maybe. 68.11 doesn't just talk about requesting information from the pilot. It also talks about taking certificate action based on information received. Sure, perhaps in theory, the pilot's BasicMed physician can clear the pilot (absent the requirement for a substance abuse SI) despite the history and, in theory, that pilot would be ok to operate until the FAA takes action, maybe starting with the letter Bruce mentioned or maybe taking immediate emergency pilot certificate action based on the information it already had and/or the lack of response by the pilot. And I guess the FAA can decide on its own that the history is too old to worry about and just let it go. (How likely is that?)

I keep saying "maybe," "perhaps," and "in theory" for a reason. First, in this type of scenario where the FAA is already questioning medical validity, it is likely to just let the certificate expire. If it does, it is likely to flag the pilot for BasicMed and take quick action. Finally, BasicMed hasn't been around long enough to have a record of action taken for "violations."

 

[ThatOtherGuy]

Sure, perhaps in theory, the pilot's BasicMed physician can clear the pilot (absent the requirement for a substance abuse SI)"

It's always good to see legal opinions from the pros rather than us amateurs.

Not to nitpick, but... The BasicMed SI requirement is for substance dependence within 2 years. There's no specific call out for substance abuse. 68.9(a)(iv).

Minor correction for the sake of other readers. That said, it's not really pertinent to the OP's case as the question is whether the initial medical was valid to even clear the lowest bar for BasicMed.

 

[bbchien]

It's always good to see legal opinions from the pros rather than us amateurs.

Not to nitpick, but... The BasicMed SI requirement is for substance dependence within 2 years. There's no specific call out for substance abuse. 68.9(a)(iv).

Minor correction for the sake of other readers. That said, it's not really pertinent to the OP's case as the question is whether the initial medical was valid to even clear the lowest bar for BasicMed.

Winner, winner, Chicken Dinner.

This is correct and is the crux of the issue. OP has to win this round or he sells his airplanes and his ratings become unuseable.