BasicMed and Possible Deferral

A

Aviator457

Guest
I was diagnosed with a mild TBI 7 months ago, with no symptoms since the event. My current medical is valid and still has 4 years remaining until renewal is required.

It is my understanding that until I report this I cannot exercise privileges. However, if I do report this to an AME in trying to renew my medical, that it will result in a deferral.

My case meets the conditions of BasicMed. Is this an option to regain privileges in the interim?

Also once I do report and my medical is deferred, can I still use BasicMed while my medical decision is awaiting FAA decision?
 
I had a question regarding a medical incident which I had and which was subsequent to my medical certificate.

I just scheduled an appt with my AME with no Med Express form and asked him as a consult.
 
Mongoose has the best answer.

There's never a requirement to notify the FAA unless you're on a special issuance that requires such. You are just prohibited from operating if you know you have a deficiency that makes you unable to meet the standards of the medical on which you are operating.

The next question is what sort of TBI. Depending on what happened you may or may not be able to do basic med without getting a medical issuance again.

If you don't have one of the disqualifying conditions, then it's up to you and your physician.
 
It was a TBI with loss of consciousness of unknown duration. Went to the ER for evaluation. Clean CT and released 4 hours later. No follow on symptoms or issues.
 
flyingron said:
Mongoose has the best answer.

There's never a requirement to notify the FAA unless you're on a special issuance that requires such. You are just prohibited from operating if you know you have a deficiency that makes you unable to meet the standards of the medical on which you are operating.

The next question is what sort of TBI. Depending on what happened you may or may not be able to do basic med without getting a medical issuance again.

If you don't have one of the disqualifying conditions, then it's up to you and your physician.
Click to expand...
Unless the TBI lacks a satisfactory medical explanation (which seems like it would be weird for a TBI), you should be eligible for Basic Med if it doesn't make you unsafe to fly.

If you apply and are deferred, you then cannot use Basic Med.

So if Basic Med works for you, just do that.
 
Lindberg said:
Unless the TBI lacks a satisfactory medical explanation (which seems like it would be weird for a TBI), you should be eligible for Basic Med if it doesn't make you unsafe to fly.

If you apply and are deferred, you then cannot use Basic Med.

So if Basic Med works for you, just do that.
Click to expand...

Why would a deferrable be considered a denial? Isn’t it not “denied” until the FAA says no? The AME just isn’t allowed to make the determination?
 
Basic med rules don't exclude a concussion with unconsciousness. If you don't need a 3rd class? I'd say go Basicmed and never look back.

The FAA rules are pretty clear on concussions and other head injuries. Deferral for all. If you can't prove your unconsciousness lasted <60 minutes you may be sitting out for a full year before you can enter an SI application.

https://www.faa.gov/ame_guide/media/Head-Injury.pdf
 
Stewartb said:
Basic med rules don't exclude a concussion with unconsciousness. If you don't need a 3rd class? I'd say go Basicmed and never look back.

The FAA rules are pretty clear on concussions and other head injuries. Deferral for all. If you can't prove your unconsciousness lasted <60 minutes you may be sitting out for a full year before you can enter an SI application.

https://www.faa.gov/ame_guide/media/Head-Injury.pdf
Click to expand...


Thanks, I’d like to get my first class back as I am building hours toward a career change. But no hurry as I still have a ways to go and will be able to instruct under BasicMed once I finish my CFI.

How would I prove less than 1 hour if the diagnosis doesn’t include a time frame? Would EMS records be able to clarify?

I would think that if someone was out for over 1 hour they would not be released from the ER the same day?
 
It isn't what you know that would scare me, it's what you don't know. The FAA (in my experience) assumes the worst unless you can prove otherwise. A consult is probably a good idea.

For SI questions, provide exactly what info you need to provide and not one word more. Read the regs. Treat them like Miranda Rights.
 
Aviator457 said:
Why would a deferrable be considered a denial? Isn’t it not “denied” until the FAA says no? The AME just isn’t allowed to make the determination?
Click to expand...
You can use basic need until it's denied. If you get deferred to the FAA and the FAA just issues, then you're good to go. But in that case, why would you need basic med? You have four years left on your current 3rd class and the deferral doesn't invalidate that unless you have a disqualifying condition.
 
This was written Before Basic, however it is pretty much about how the FAA thinks if you are trying to exercise Basic during a deferral........
 

Attachments

  • Tilton-AAM-1_2007_Legal_Interpretation.pdf
    181.5 KB · Views: 161
I’m concerned I need BasicMed to be legal to fly without another pilot in the aircraft, since I haven’t yet notified the FAA about the incident. Since I haven’t notified them, I legally can’t fly on my current medical…at least my understanding.
 
bbchien said:
This was written Before Basic, however it is pretty much about how the FAA thinks if you are trying to exercise Basic during a deferral........
Click to expand...
Weird if true since it's interpreting a regulation with very different language and doesn't say anything about deferrals.
 
bbchien said:
This was written Before Basic, however it is pretty much about how the FAA thinks if you are trying to exercise Basic during a deferral........
Click to expand...
That interpretation discusses a denial. I can’t find anything in the regulations that prohibits the OP from qualifying for, attaining, and utilizing BasicMed privileges while he considers his future. I applaud that he understands that he can’t utilize his current medical. I’m sure lots of guys would.

From the FAA-

CAUTION-

The Federal Aviation Regulations prohibit a pilot who possesses a current medical certificate from performing crewmember duties while the pilot has a known medical condition or increase of a known medical condition that would make the pilot unable to meet the standards for the medical certificate.
 
A deferral is not a denial. A Deferral in itself is not disqualifying under BasicMed. If the deferral results in a denial, however, the airman may no longer operate under BasicMed.
 
Back
Top