PBOR2 and the FAA's ability to regulate.

[DFH65]

Maybe it is wishful thinking on my part but I see the 180 days to basically take what the bill says and put it into the current regulations. It seems like there are a lot of folks out there that think the FAA will have the option to add all sorts of other regulations to this process. By what authority would they do that? (I know I know it's the FAA) I guess I just could see them ticking off congress if they overstep their bounds by too much and turn the bill into something that wasn't intended.

Maybe I am all wrong.

 

[Mike Smith]

Maybe it is wishful thinking on my part but I see the 180 days to basically take what the bill says and put it into the current regulations. It seems like there are a lot of folks out there that think the FAA will have the option to add all sorts of other regulations to this process. By what authority would they do that? (I know I know it's the FAA) I guess I just could see them ticking off congress if they overstep their bounds by too much and turn the bill into something that wasn't intended.

Maybe I am all wrong.

My understanding, and I could be wrong, is that the FAA has really not had a problem with C3 reform from the get go. The hold up was with SecTrans and the like. Based on that i believe the FAA will write rules that reflect the law and will do so in a timely manner.

 

[steingar]

And if they don't you can still fly without the class 3 so long as you make a "good faith effort" to follow the regs, whatever that means. Gotta get a medical soon myself, but it is very comforting knowing that it could be the last one.

 

[azure]

And if they don't you can still fly without the class 3 so long as you make a "good faith effort" to follow the regs, whatever that means. Gotta get a medical soon myself, but it is very comforting knowing that it could be the last one.

Yep, but just to nitpick, they can still come after you unless you wait until July 15, 2017 or later to do it.

 

[DFH65]

I have an SI renewal in February I am good on the class 3 until Feb of 17. So may need to the SI renewal in Feb which is just paper work but shouldn't need a class 3 again unless I decide to get my commercial at some point.

 

[N3368K]

My medical expires July 31, 2017. Anyone wanna bet the over?

 

[Brad Z]

Maybe it is wishful thinking on my part but I see the 180 days to basically take what the bill says and put it into the current regulations. It seems like there are a lot of folks out there that think the FAA will have the option to add all sorts of other regulations to this process. By what authority would they do that? (I know I know it's the FAA) I guess I just could see them ticking off congress if they overstep their bounds by too much and turn the bill into something that wasn't intended.

Maybe I am all wrong.

49 U.S.C. 44703

My understanding, and I could be wrong, is that the FAA has really not had a problem with C3 reform from the get go. The hold up was with SecTrans and the like. Based on that i believe the FAA will write rules that reflect the law and will do so in a timely manner.

^this.

 

[bbchien]

Well, it's like this: I have a pilot who I look after, 3rd class who had a truly BAD cardologist. He finally fired him, but has been spinning his wheels.

"What do you mean I can get this done in August (family doc certification)?" he sez.
******
Answer:

The questionnaire for you to fill out doesn’t yet exist, and has to be approved by FAA.


The internet course on conditions that you have to be aware of doesn’t yet exist, and anyone offering one has to get it approved by FAA.


The form for Dr. L___e, doesn't yet exist, and has to be approved by FAA.


The interface to allow FAA a onetime crack at your driver's database at each family doc certification doesn't yet exist.


Do you "get it" now?




That is why congress gave FAA a year to comply.


If you can create them, get them approved, you can have fmaily do certification that afternoon. Good luck.

 

[Neil Rubin]

49 U.S.C. 44703

Section 44703 gives the FAA Administrator the authority to issue airman certificates (including airman medical certificates). (Actually, it obligates the Administrator to issue certificates to applicants that are qualified.)

The whole point of the FAA Reauthorization medical provisions is that a pilot doesn't need a (current) medical certificate. If you don't need a medical certificate, how does Section 44703 give the FAA the authority to impose medical requirements on you?

I'm not saying that the FAA can't discipline people who fly when it is unsafe for them to do so for medical reasons (e.g., under Section 44701 and 44709), but the Reauthorization medical provisions really do limit the medical conditions under which the FAA can require that you get their permission before you can fly.