Basic med while awaiting class 3 SI renewal.

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Smnjr

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Smnjr
Hi all, long time lurker, first time poster. I started flying in November of ‘23 and passed my checkride a couple months ago. I had to navigate the class 3 special issuance process for some past episodes of uveitis. It was pretty simple but painstakingly slow. The SI renewal process has generated a question I haven’t been able to satisfactorily answer based on my searching.

As part of my renewal I had to submit documentation from my eye doctor. There have been no changes in my vision or any other developments. However, despite my submission 7 weeks in advance of my 12/31/24 certificate expiration, my file is sitting on a desk somewhere and I am grounded awaiting renewal. When I’ve checked in with OKC the advice has been to submit 90 days out next year because there’s a 26,000 case backlog.

If I complete the basic med requirements, can I continue to fly under that in the meantime and maintain it as secondary medical for periods if/when the inefficiency of the SI process may cause a period of unexpected expiration?

I may go basic med altogether but don’t necessarily want to dump the class 3 if I don’t have to.
 
So based on a recent discussion I had with an FAA Regional flight surgeon, the current guidance is that as long as your most recent FAA medical was not denied or revoked, you can fly under BasicMed while pending an SI decision from the FAA. The case I put to them was an individual on BasicMed who subsequently pursued a Class 2 medical which would require a special issuance. They acknowledged that the current regs don't adequately address such a situation, but provided the solution above. They were going to run all that by Dr. Northrup at a meeting later that week and let me know if there were any objections from higher up to that position, and I didn't hear anything back.

While flying under BasicMed, you must adhere to the restrictions and requirements of that medical certification. The logic is that by flying under BasicMed, you are not exercising the privileges of your Class 3 medical certificate, and therefore you are not in violation of any Class 1/2/3 SI issuance.
 
There's nothing in the regulations which precludes operating under BasicMed while a 3d class application is pending. The events which make BasicMed inapplicable under 61.23(c)(3)(ii) are:
Most recent FAA medical suspended or revoked.​
Most recent application for FAA medical denied.​

"Pending" is not among them.
 
AvNavCom said:
the current guidance is that as long as your most recent FAA medical was not denied or revoked, you can fly under BasicMed while pending an SI decision from the FAA.
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I didn't think that was correct, but upon reading the regulation I now think that's right. Unlike Sport Pilots, who must "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)", i.e. a deferral makes SP invalid, basicmed is worded differently:

§ 61.23(c)(3)(ii) The most recently issued medical certificate—​
​
(A) May include an authorization for special issuance;​
​
(B) May be expired; and​
​
(C) Cannot have been suspended or revoked.​
​
(iii) The most recently issued Authorization for a Special Issuance of a Medical Certificate cannot have been withdrawn; and​
​
(iv) The most recent application for an airman medical certificate submitted to the FAA cannot have been completed and denied.​

So it looks like operating under basicmed during a deferral is OK,
Smnjr said:
I may go basic med altogether but don’t necessarily want to dump the class 3 if I don’t have to.
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I would say to dump the class 3 unless you plan operations not allowed under basicmed. But now that you've applied, you gotta finish this SI and get the medical issued per (iii) above before you can dump it.
 
Dana said:
I didn't think that was correct, but upon reading the regulation I now think that's right. Unlike Sport Pilots, who must "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)", i.e. a deferral makes SP invalid, basicmed is worded differently:
​
Click to expand...
Personally, until the FAA gives specific guidance on the question, although I know many agree with you, I personally (not a legal opinion) don't agree that pending automatically bars sport pilot activity so long as the pilot does "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."

"Time of application" can be read narrowly or broadly. The most narrow view would be when you hit the "submit" button in MedXpress, even if you never go to an AME to look at it. The broad view is that "time of application" is not a single point in time but a process that continues until either approval or denial.
 
This situation is one of principle reasons Basic Med exists: to free non-commercial pilots from onerous requirements and lengthy delays to maintain an FAA medical certificate after a special issuance. The classic example is when the FAA wants testing such as an annual stress test after a heart attack that the pilot's cardiologist does not think necessary. As stated previously, unless you will be doing commercial operations or those which aren't allowed under Basic Med (above 18,000 feet, Canada, 8 passengers, over 12500 pounds etc) there really isn't a good reason to continue FAA Class III certification.
Jon
 
As I understand it, the issue for the Canadians is that the US does not recognize their similar medical designation (Category 4), which has been in existence long before Basic Med. In that context, the Canadian refusal to accept US Basic Med seems reasonable.
Jon
 
4CornerFlyer said:
As I understand it, the issue for the Canadians is that the US does not recognize their similar medical designation (Category 4), which has been in existence long before Basic Med. In that context, the Canadian refusal to accept US Basic Med seems reasonable.
Jon
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I don't think it's a "similar designation." The Canadian Category 4 is much more restrictive than BasicMed. When it comes to powered airplane, the 4 is for student pilots and beyond that, the biggest are LSAs.
 
As long as -

Your most recent Special Issuance Authorization has NOT been withdrawn
Your most recent application for a medical certificate has NOT been denied
Your most recent medical certificate has NOT been suspended nor revoked

You can operate under BasicMed.
 
midlifeflyer said:
"Time of application" can be read narrowly or broadly. The most narrow view would be when you hit the "submit" button in MedXpress, even if you never go to an AME to look at it. The broad view is that "time of application" is not a single point in time but a process that continues until either approval or denial.
Click to expand...
:yeahthat:

I agree with you for the "time of application" reason, but I'd also say there's further support in the "have been found" language:
Dana said:
Unlike Sport Pilots, who must "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...
Click to expand...

A deferral is not a finding; rather, the finding is delayed pending further review. Until there is a finding, and a negative one at that, the pilot should be eligible to fly under SP rules.

IANAL, this is not legal advice, your mileage may vary, void where prohibited by the law and the prophets, do not exceed recommended dosage.
 
Half Fast said:
A deferral is not a finding; rather, the finding is delayed pending further review. Until there is a finding, and a negative one at that, the pilot should be eligible to fly under SP rules.
Click to expand...
But if the applicant wasn't "found eligible" at time of application, then SP isn't an option until such time as the pilot is found eligible.
 
Smnjr said:
Hi all, long time lurker, first time poster. I started flying in November of ‘23 and passed my checkride a couple months ago. I had to navigate the class 3 special issuance process for some past episodes of uveitis. It was pretty simple but painstakingly slow. The SI renewal process has generated a question I haven’t been able to satisfactorily answer based on my searching.

As part of my renewal I had to submit documentation from my eye doctor. There have been no changes in my vision or any other developments. However, despite my submission 7 weeks in advance of my 12/31/24 certificate expiration, my file is sitting on a desk somewhere and I am grounded awaiting renewal. When I’ve checked in with OKC the advice has been to submit 90 days out next year because there’s a 26,000 case backlog.

If I complete the basic med requirements, can I continue to fly under that in the meantime and maintain it as secondary medical for periods if/when the inefficiency of the SI process may cause a period of unexpected expiration?

I may go basic med altogether but don’t necessarily want to dump the class 3 if I don’t have to.
Click to expand...
I know several 3rd class pilots that maintain Basic Med for potential issues like yours. If you aren’t crossing international borders? I can’t think of any reason to keep a 3rd class medical cert. I sure haven’t missed mine.
 
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