What is this penalty you speak of?
The ones discussed in this thread.
Did you read the account linked in post #513?
The Special Issuance?
If yes to that, it's an easy SI to obtain and comply with if you are already diagnosed, being treated, and work with a top AME like Bruce.
That's only part of it. As initially adopted, you also have to find the right doctor, who is not cheap, apparently, and if you want to avoid being grounded for four months, you have to engage in a research project to find the right AME (and you have to know that you NEED to engage in such a research project). Once you get your SI, You have to get it renewed every year.
None of that encourages pilots to find out if they have OSA, and most pilots probably have no clue about the considerable health benefits of getting treated.
If the FAA wants to impose a program of this magnitude (whose stated goal is to make sure that EVERY pilot with OSA is treated!), they should first make sure that ALL of their AMEs receive the necessary training or instructions to issue in office, so that pilots don't have to engage in a research project to find one of a few who can. They should also allow people to be tested in a less expensive way, and they should eliminate the annual renewal for holders of thrid class medicals.
There's a reason why Bruce said this, a suggestion that I wholeheartedly support:
"The idea on the current project, is AOPA/EAA should get together to make it CHEAP to screen and treat. You DON'T have to force it through only Board Certified Sleep guys....any pulmonary/neurol or internist can read the reports.....order the overnight screening....etc etc etc...."
http://www.pilotsofamerica.com/forum/showpost.php?p=1318205&postcount=281
IIRC, there is a push amongst the top AME's to get OSA under the CACI realm if issuance like DM2(pill) and others were done this year.
What does "CACI" mean? (I'm reminded of the thread that's complaining about acronyms!)