2 DUIs / juvenile case

Discussion in 'Medical Topics' started by Tecan, Mar 9, 2019.

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  1. Cruzinchris

    Cruzinchris Pre-Flight

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    Tecan, you will be successful if you are persistent. I would suggest keep taking lessons. You can't get your medical yet and therefor no solo, but fly with your instructor often. Also, study for a take your private written. Join AA. Don't wait until they tell you to. There are chapters everywhere. ALL of these steps will look good in your interviews and get you started on the path.
     
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  2. James331

    James331 Touchdown! Greaser!

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    PPL in gliders in the meantime?

    Not sure if that works per the regs
     
  3. AggieMike88

    AggieMike88 Touchdown! Greaser!

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    Fair enough.... I'll update the info to include the time commitment.

    Should I increase the dollar amount? By how much?
     
  4. Clip4

    Clip4 En-Route

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    I would increase by $2,000, but depending on your location it could be much more. As an example, the FAA database lists zero HIMS in ND, SD, NE, AR, LA, MS, VT, ME - only 1 HIMS in OR, IN, DE, KY, HI, MT, MD, NM, AL, WV, NH and 2 in the states AK, PA,ID, WY, NC, and TN.

    As you can see, you maybe traveling a lot unless you live in IL, TX, OH, FL, NY, MN, MI, NJ, or GA.
     
    Last edited: Mar 11, 2019
  5. Kenny Phillips

    Kenny Phillips En-Route

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    The FAA apparently doesn't consider gliders–even motorgliders–as true airplanes. No medical required.
     
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  6. James331

    James331 Touchdown! Greaser!

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    And yet the hours count towards a CPL/ATP.

    Might be a good option to work towards his CPL in gliders as he tackles his issues, then do a power add on after all is cleared up
     
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  7. TCABM

    TCABM Cleared for Takeoff

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    Can you do that with a denial? Or will his medical not be denied while he goes through the process for the SI?
     
  8. James331

    James331 Touchdown! Greaser!

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    That I’m not sure of, I know you can’t go drivers license medical with a denial, but a glider is no medical so maybe that’s an option?
     
  9. TCABM

    TCABM Cleared for Takeoff

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  10. flyingron

    flyingron Touchdown! Greaser!

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    If he gets a letter saying "you appear to not meet the requirements...," it's still up to him to make the self-assessment. If he gets an "you do not meet the requirements" letter, then he's got some 'splainin' to do.
     
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  11. Palmpilot

    Palmpilot Touchdown! Greaser!

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    Gliders fall under 61.53(b), for which the standard is whether the person "knows or has reason to know of any medical condition that would make the person unable to operate the aircraft in a safe manner." In contrast, operations conducted under a medical certificate are subject to 61.53(a), for which the standard is whether the person "Knows or has reason to know of any medical condition that would make the person unable to meet the requirements for the medical certificate necessary for the pilot operation" (plus a requirement related to medications).

    In a case of DUI history, it appears to me that being abstinent for a sufficient period of time would be enough to meet the requirement of 61.53(b). In contrast, to meet the requirement of 61.53(a), being abstinent by itself might not be sufficient; it appears that one might also have to prove abstinence to the FAA (presumably through the HIMS process).

    (I'm just an amateur when it comes to regulatory interpretation, so if I've screwed this up, hopefully one of our attorney-members will step in and correct me.)
     
  12. flyingron

    flyingron Touchdown! Greaser!

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    The issue is when the FAA tells you that you are not fit, it's pretty persuasive expert evidence that you are not fit. Your self-serving observation will not amount to much in a lawsuit or enforcement action.
     
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  13. Palmpilot

    Palmpilot Touchdown! Greaser!

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    So what would the process be for a glider student pilot with a DUI history? Would he have to apply for a medical certificate and get an SI? Or is it possible to go through the SI or HIMS process without applying for a medical certificate?

    If the pilot got sued because he got drunk and crashed the glider, that would be proof that he still had a drinking problem all by itself.
     
    Last edited: Mar 11, 2019
  14. Tecan

    Tecan Filing Flight Plan

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    Thanks Chris! I usually fly twice a week with my instructor but I’m planing on slimming it down. Just Incase worse comes to worse and I can’t get my medical. I left a message for the people who run AA in my area yesterday and I’m waiting to hear back from them. When I send in the report to FAA I’ll include it in the packet.
     
  15. Tecan

    Tecan Filing Flight Plan

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    I’ll look into it I don’t know if there’s anyone who offers training for gliders around here or if that’s something I can do myself I’ll definitely look into it thank you!
     
  16. Tecan

    Tecan Filing Flight Plan

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    QUOTE="Clip4, post: 2693246, member: 15898"]I would increase by $2,000, but depending on your location it could be much more. As an example, the FAA database lists zero HIMS in ND, SD, NE, AR, LA, MS, VT, ME - only 1 HIMS in OR, IN, DE, KY, HI, MT, MD, NM, AL, WV, NH and 2 in the states AK, PA,ID, WY, NC, and TN.

    As you can see, you maybe traveling a lot unless you live in IL, TX, OH, FL, NY, MN, MI, NJ, or GA.[/QUOTE

    I talked with a couple HMIS in my area but unfortunately it didn’t lead anywhere. I’ve spoken with lbfj and he said he’d be willing to take my case. I’m expecting over $1,200 just in air fare and most likely $600 for food, hotels.
     
  17. Tecan

    Tecan Filing Flight Plan

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    Thank you everyone for all of your advice / help. This is an amazing forum community that I’m happy I’ll be apart of.
     
  18. lbfjrmd

    lbfjrmd Line Up and Wait

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    2 visist per year for duration of SI. His choice.
     
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  19. murphey

    murphey Final Approach PoA Supporter

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    Do not contact the FAA directly unless they send you a letter asking for more details.
    Then, and only then, do you find a reputable AME to respond.
    Do not pass Go.
    Do not collect $200.
    Never, never, NEVER volunteer anything to the FAA.
     
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  20. AggieMike88

    AggieMike88 Touchdown! Greaser!

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    The original "I don't know it all" of aviation.
    Fortunately, Pensacola is a nice place to be and visit. Lots to do and see.... Much seafood to eat. Mighty O is not too far away if you're a scuba diver....
     
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  21. TCABM

    TCABM Cleared for Takeoff

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    I would just recommend the OP stay away from McGuire’s.

    But there is the Naval Aviation museum, the home show for the Blue Angels, and the whole host of stuff you mentioned.
     
    Last edited: Mar 12, 2019