Fibbing on FAA medical application

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FlyPlane

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FlyPlane
Is there a statute of limitations for fibbing on the medical application a number of years ago? Any attorneys here?
 
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I didn't intentionally lie, but I did forget to list a condition that I had reported earlier. When I said, "previously reported," the FAA came back and questioned that, since it had not been reported on my previous application. I needed to get a letter from the treating physician.

If you are a member of AOPA, this would be a good question for them to answer.
 
AOPA attorney if you made a “mistake” on your application. Usually self reported things are easily corrected.
 
Its s class 4 felony. A google search for “statute of limitations for nonviolent federal felonies” yielded 5 years as a result. probably want to ask an actual legal advice line though. 18 USC 3282
 
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sky7 said:
Its s class 4 felony. A google search for “statute of limitations for nonviolent federal felonies” yielded 5 years as a result. probably want to ask an actual legal advice line though. 18 USC 3282
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Keep in mind that being convicted of a crime and having your medical revoked are two different things. Likely only the former is subject to a statute of limitations.
 
Baked Potato said:
Keep in mind that being convicted of a crime and having your medical revoked are two different things. Likely only the former is subject to a statute of limitations.
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true but by then the medical should have expired and I was under the impression from other posts that the FAA doesn’t suspend or revoke expired certificates. I could be wrong though
 
sky7 said:
true but by then the medical should have expired and I was under the impression from other posts that the FAA doesn’t suspend or revoke expired certificates. I could be wrong though
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I believe that is true, but I don't think the OP stated whether their cert is expired or not.
 
sky7 said:
A google search for “statute of limitations for nonviolent federal felonies” yielded 5 years as a result. probably want to ask an actual legal advice line though. 18 USC 3282
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Thank you for that. I myself did a Google search and found nothing concrete. Prior to this post I reached out to a couple of attorneys and either no one answered the phone or they wanted $300 for a consultation. Thanks again...
 
sky7 said:
Its s class 4 felony. A google search for “statute of limitations for nonviolent federal felonies” yielded 5 years as a result. probably want to ask an actual legal advice line though. 18 USC 3282
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It's a Class D felony. And the SOL for criminal prosecution is indeed five years. That doesn't mean they can't pull the medical.
 
Lindberg said:
It's a Class D felony. And the SOL for criminal prosecution is indeed five years. That doesn't mean they can't pull the medical.
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The statute of limitations on medicals being able to be revoked, would be the validity period based upon class and age.

Can’t revoke an expired medical.
 
Pilot99B said:
The statute of limitations on medicals being able to be revoked, would be the validity period based upon class and age.

Can’t revoke an expired medical.
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Ah, but what if the medical is 5 years expired and the pilot is now using basicmed based on that medical?
 
Dana said:
Ah, but what if the medical is 5 years expired and the pilot is now using basicmed based on that med
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midlifeflyer said:
So, no medical certificate since? Or ultimately said “yes”?
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I got the medical but it expired a long time ago before I finished flight training. Didn't have time to do it back then. Thinking about starting over again and this time no fibbing.
 
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FlyPlane said:
I got the medical but it expired a long time ago before I finished flight training. Didn't have time to do it back then. Thinking about starting over again and this time no fibbing.
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Depending on what the misstatement was about, I would be very prepared to answer "yes," and to provide any needed documentation in advance. IOW, all ducks in a row. I would be consulting with full detail with an aviation medical expert - a consulting senior AME is best - before a legal expert to make sure I dotted the i's and crossed the t's in case it's something that would have gotten deferred if disclosed the first time around. I would not rely on anything SGOTI say about it.

I would not be particularly concerned with the statute of limitations. It's really only the most egregious cases that that get referred by the the FAA to the Justice Department for criminal prosecution. Whether the FAA will even look at the old application depends. I've seen lookbacks after 15 years of inactivity and I've seen the opposite.
 
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I think WHAT wasn't reported will be the factor here. On my first medical or two I forgot about getting knocked out by an errant elbow in a basketball tourney years and years prior. So next medical I marked down yes to the loss of consciousness with an explanation, and zero effs were given by the FAA.
 
So how many times have you "Fibbed" in sequence over the years.....
Faa's view is you lied:

One is an omission
Two might be warn-able
Three, not so much.
Seven like the delta captain--->well google "4 delta pilots indicted" and see what you get.

There is NO Statue of limitations in administrative law, when the question asks, "have you EVER...."
 
Would I be correct in thinking it matters what was omitted from the application? As in something that should be reported but wasn't disqualifying vs something that would absolutely still be disqualifying/requiring special issuance?
 
FlyPlane said:
I got the medical but it expired a long time ago before I finished flight training. Didn't have time to do it back then.
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If you held an active medical after July 2006 and it was never revoked, you can go onto Basic Med. The FAA cannot revoke a medical after it’s expired, so don’t apply for a new one. Just get Basic and resume training. Easy peasy.

This assumes you only want a Private certificate and are okay with Basic Med limitations.
 
cowman said:
Would I be correct in thinking it matters what was omitted from the application? As in something that should be reported but wasn't disqualifying vs something that would absolutely still be disqualifying/requiring special issuance?
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Yes....it depends how "material" the omission is. If it's a PCP visi in 2018 that was for wellcare, nobody's going to care. If it was a PTSD award, and you've omitted many times, prepare to "take the bus".

FAA's view: There is no place for a liar on a flight deck.
 
FlyPlane said:
Thank you for that. I myself did a Google search and found nothing concrete. Prior to this post I reached out to a couple of attorneys and either no one answered the phone or they wanted $300 for a consultation. Thanks again...
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Would you walk into a store and ask for what they sell, for free? Of course the lawyers wanted to charge you. As Abraham Lincoln is reputed to have said, "a lawyer's time and advice are his stock in trade."
 
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