BasicMed doc needed--Monterey/Santa Cruz CA area

I honestly do not see how this guy (Capt Walsh) can even be a captain, let alone ATP, without any comprehension of the regulations. I've explained it thoroughly. He still doesn't get it.

I bet if someone reported him to the FAA right now, and they were to investigate it, he would be found in violation of flying without a valid medical certificate, as he is currently ineligible for BasicMed and Sport Pilot privileges.

The insurance paying on a claim is not evidence of you being authorized to fly.

But...I'm done explaining it. @captainbobwalsh you are not eligible for BasicMed nor SPL privileges. The FAA would agree.
 
Jon Wilder said:
I honestly do not see how this guy (Capt Walsh) can even be a captain, let alone ATP, without any comprehension of the regulations. I've explained it thoroughly. He still doesn't get it.

I bet if someone reported him to the FAA right now, and they were to investigate it, he would be found in violation of flying without a valid medical certificate, as he is currently ineligible for BasicMed and Sport Pilot privileges.

The insurance paying on a claim is not evidence of you being authorized to fly.

But...I'm done explaining it. @captainbobwalsh you are not eligible for BasicMed nor SPL privileges. The FAA would agree.
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Jon, Don't bang your head against the wall. The FAA has already determined that Bob cannot legally fly. So have the courts. But here he is, even declaring he can exercise first- and second-class privileges because a doctor signed a CMEC. Short of locking up an irrational octogenarian, what else could be done? Sadly, that may be what happens.
 
The reality is, if you own a plane and can buy gas, you can go fly regardless of how sane, legal, or potentially life altering that would be.
 
WDD said:
The reality is, if you own a plane and can buy gas, you can go fly regardless of how sane, legal, or potentially life altering that would be.
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True. But it would be best to be very quiet about it. A friend of my father never had any tickets at all, but regularly flew a Bo in the weather. Didn't know this until after he died ... of old age stuff.
 
Jon Wilder said:
I bet if someone reported him to the FAA right now, and they were to investigate it, he would be found in violation of flying without a valid medical certificate, as he is currently ineligible for BasicMed and Sport Pilot privileges.
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I did on July 16, 2026. To the FAA and the NTSB. They finished investigating in September.
 
Jon Wilder said:
He's full of it. The FAA only removes medical information when your medical is suspended or revoked, and/or when your Authorization for a Special Issuance has been withdrawn.
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You wouldn’t do good on a multiple-choice test. The word only is a flag that it’s the wrong answer. There are probably plenty of other reasons.
 
Jon Wilder said:
He's full of it. The FAA only removes medical information when your medical is suspended or revoked, and/or when your Authorization for a Special Issuance has been withdrawn.
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Well, perhaps. But they also don't update it quickly; in my case, with a valid 3rd and SI, for five months now, no update on the website.
 
Kenny Phillips said:
Well, perhaps. But they also don't update it quickly; in my case, with a valid 3rd and SI, for five months now, no update on the website.
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Kenny, now is the time for you to get your basic med. You can never tell when some credible source will tell the FAA that you are erratic, can’t understand simple regulations, and delusional.
 
captainbobwalsh said:
Kenny, now is the time for you to get your basic med. You can never tell when some credible source will tell the FAA that you are erratic, can’t understand simple regulations, and delusional.
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BasicMed doesn't make you untouchable. They can still require you to submit information to determine eligibility under Part 68. 14 CFR §68.11.
 
Kenny Phillips said:
So when can we see your medical information online?
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I assumed that when he said, “I did,” he meant that he was “found in violation of flying without a valid medical certificate,” which I also assume meant he was found in violation BY flying without a valid medical certificate.
 
MauleSkinner said:
I assumed that when he said, “I did,” he meant that he was “found in violation of flying without a valid medical certificate,” which I also assume meant he was found in violation BY flying without a valid medical certificate.
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How do you spell assume? To assume can make an “ass of u and me!” I didn’t assume anything.
 
timrb said:
Maybe this is it:


Tim
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Looks like it.

I arrived at Middlebury Airport around 12 o'clock. I untied the aircraft, took the cover
off, and did a preflight. In my mind, I had fuel to the tabs. I never checked it visually. I
loaded my bags, entered the cockpit, and did the normal startup checklist. After my
scan, I checked the fuel gauges; they read three-quarters, and that's the last time I
looked at them. The weather reported moderate turbulence below 5,000 ft, so after
takeoff I climbed to 9,500 ft. Most of the time I was looking out the window and
avoiding clouds in the ascent. Upon reaching 9,500 ft, I contacted Boston and
received a squawk. It was smooth, and I had a lot on my mind with my Nantucket
problems, and that took the best of me on my phone. When my yoke-mounted GPS
said swap tanks, I swapped tanks. I continued to swap tanks until the right one went
dry. Now I knew I had a problem, so I aimed for the closest airport, and what I pulled
up to was a pond. Then the left tank went dry, and I started to descend. While traveling
to that airport, I looked for a place to put the airplane down. It was down at about 1500
ft when I saw a Logging Road. I went over to it, and I was too high, so I made a left
circling turn to line back up with it. By then I was really low. I kept the nose of the
airplane facing down that road, and I could not go above the trees. When I hit the
trees, the next thing I know, things were coming through the side window, and things
were really happening. Then I came to a stop. The right wing hit the tree on my
right and took the force, making the fuselage turn 180°. I was close to the ground, and
it came to a stop right next to the road. In fact, the wing tip of the right wing was just
one foot into the road. The airplane fuselage was against trees; the left wing was still
intact My iPhone was ringing a strange sound, and when I looked, it was the
Emergency Services had noticed that I had crashed. I got out of the airplane and
walked around with my phone, following instructions to face it toward the satellite. I
was able to text, and at that moment a white Toyota pulled up, driven by ,
and we called 911 and coordinated a meeting with an ambulance and the sheriff."
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What We Found
The pilot's inadequate preflight and in-flight monitoring of the fuel quantity, which resulted in a total loss of engine power due to fuel exhaustion.
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captainbobwalsh said:
How do you spell assume? To assume can make an “ass of u and me!” I didn’t assume anything.
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NTSB Report ERA26LA273 said:
According to the pilot, he completed a preflight inspection but did not visually check the fuel quantity. Instead, he assumed the fuel was “at the tabs.”
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So...um...about that...
 
Jon Wilder said:
So...um...about that...Instead, he assumedthe fuel was “at the tabs.”
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and it made an ass out of me!!
Jon Wilder said:
BasicMed doesn't make you untouchable. They can still require you to submit information to determine eligibility under Part 68. 14 CFR §68.11.
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To the person issuing my Medical. And I did submit that physiological report to my primary care doctor, she put it on my CMAC along with the rest of the information about my health. And they read it.
 
Because I can be pedantic (twenty years of cert documentation work with the FAA/CAAC/EASA/etc. will do that) here's the original 'assume' bit:
"When you assume you make an ASS out of U in front of ME."
That last part never shows up, but it's kinda the point.
 
captainbobwalsh said:
and it made an ass out of me!!

To the person issuing my Medical. And I did submit that physiological report to my primary care doctor, she put it on my CMAC along with the rest of the information about my health. And they read it.
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Um...no...if the FAA requests medical information to determine eligibility under Part 67 OR Part 68, or any part for that matter, you are to submit it to the FAA.

14 CFR §68.11 -
(a) If the Administrator receives credible or urgent information, including from the National Driver Register or the Administrator's Safety Hotline, that reflects on an individual's ability to safely operate an aircraft under § 61.113(i) of this chapter, the Administrator may require the individual to provide additional information or history so that the Administrator may determine whether the individual is safe to continue operating under that section.

How on earth can the Administrator (or someone authorized to act on the Administrator's behalf) "determine whether the individual is safe to continue operating under that section" if you're only submitting the requested information to your doctor?

I think I see where this guy is going wrong here. You are clearly twisting the regs to say something they don't. This is exactly why your Authorization for a Special Issuance Medical Certificate was withdrawn. Not even sure how this guy is ATPL. :rolleyes:
 
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Jon Wilder said:
Um...no...if the FAA requests medical information to determine eligibility under Part 67 OR Part 68, or any part for that matter, you are to submit it to the FAA.

14 CFR §68.11 -
(a) If the Administrator receives credible or urgent information, including from the National Driver Register or the Administrator's Safety Hotline, that reflects on an individual's ability to safely operate an aircraft under § 61.113(i) of this chapter, the Administrator may require the individual to provide additional information or history so that the Administrator may determine whether the individual is safe to continue operating under that section.

How on earth can the Administrator (or someone authorized to act on the Administrator's behalf) "determine whether the individual is safe to continue operating under that section" if you're only submitting the requested information to your doctor?

I think I see where this guy is going wrong here. You are clearly twisting the regs to say something they don't. This is exactly why your Authorization for a Special Issuance Medical Certificate was withdrawn. Not even sure how this guy is ATPL. :rolleyes:
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ATPMLS, DC3, FH227. They did request that information and I was supposed to turn it into my Dr. upon my application. If I was going to fly for hire, I’d have to do that on a class Medical application. As I was only interested in flying small airplanes I elected to continue to fly on my Basic Med. I received my basic med in 2021 and I have renewed it twice.
 
captainbobwalsh said:
ATPMLS, DC3, FH227. They did request that information and I was supposed to turn it into my Dr. upon my application. If I was going to fly for hire, I’d have to do that on a class Medical application. As I was only interested in flying small airplanes I elected to continue to fly on my Basic Med. I received my basic med in 2021 and I have renewed it twice.
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1783184327706.png

You still had an active underlying medical certificate, issued under an Authorization for Special Issuance, at the time you obtained BasicMed. The FAA withdrew your most recent Authorization For Special Issuance on April 22nd, 2022, "by virtue of your failure to provide requested information as outlined in our letter dated February 10, 2022". You were to provide that information TO THE FAA, which you failed to do.

In accordance with 14 CFR 67.401(h)(4), the underlying medical certificate was rendered invalid pursuant to the withdrawal. In accordance with 14 CFR 61.23(c)(3)(iii), this enforcement action renders you ineligible to operate under BasicMed, or otherwise use a US driver license in lieu of a medical certificate.

While you can have BasicMed AND a medical certificate, the medical certificate trumps the BasicMed. Not the other way around. As long as you hold a medical certificate issued under an Authorization for Special Issuance, you are bound to compliance with the Authorization for Special Issuance, and any requests for medical information from the FAA. You are only released from the Authorization for Special Issuance once the underlying medical certificate expires AND you do not have a pending application for a medical certificate.

What about all of this isn't sinking in?
 
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Jon Wilder said:
View attachment 155839

You still had an active underlying medical certificate, issued under an Authorization for Special Issuance, at the time you obtained BasicMed. The FAA withdrew your most recent Authorization For Special Issuance on April 22nd, 2022, "by virtue of your failure to provide requested information as outlined in our letter dated February 10, 2022". You were to provide that information TO THE FAA, which you failed to do.

In accordance with 14 CFR 67.401(h)(4), the underlying medical certificate was rendered invalid pursuant to the withdrawal. In accordance with 14 CFR 61.23(c)(3)(iii), this enforcement action renders you ineligible to operate under BasicMed, or otherwise use a US driver license in lieu of a medical certificate.

While you can have BasicMed AND a medical certificate, the medical certificate trumps the BasicMed. Not the other way around. As long as you hold a medical certificate issued under an Authorization for Special Issuance, you are bound to compliance with the Authorization for Special Issuance, and any requests for medical information from the FAA. You are only released from the Authorization for Special Issuance once the underlying medical certificate expires AND you do not have a pending application for a medical certificate.

What about all of this isn't sinking in?
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My special issuance was for my prostrate that was removed. I had to get a PSA test and that expired August 2026 and I continue to get PSA tests.
 
captainbobwalsh said:
My special issuance was for my prostrate that was removed. I had to get a PSA test and that expired August 2026 and I continue to get PSA tests.
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And? That is irrelevant. The Authorization for Special Issuance was withdrawn. WITHDRAWN. Not reversed. WITHDRAWN. Has the same effect as yanking your medical, as per 14 CFR 67.401(h)(4). That enforcement action made you ineligible to operate under BasicMed, or otherwise using a US driver license in lieu of a medical certificate.

BasicMed (14 CFR 68) is an operation that requires a US driver license, which is regulated under 14 CFR §61.23(c)(3) and §61.113(i).

As per 14 CFR 61.23(c)(3)(iii) - "A person using a US driver license to meet the requirements of paragraph (c) while operating under the conditions and limitations of §61.113(i) must meet the following requirements -
(iii) The most recently issued Authorization for Special Issuance of a Medical Certificate cannot have been withdrawn

Your most recently issued Authorization for Special Issuance of a Medical Certificate was withdrawn, as per the FAA letter dated April 12, 2022. Therefore, you cannot use a US driver license to meet the requirements of paragraph (c) while operating under the conditions and limitations of §61.113(i) (BasicMed).
 
captainbobwalsh said:
Reading is easy, correctly interpreting the regulations is the hard (and expensive) part. I could’ve thrown my hands up in February 2022, and given into their criminal conduct and stopped flying, but I didn’t. Now I I have to get it in front of a Federal Judge.
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How are you planning to get it in front of a federal judge? Are you planning to sue someone, or will this be an appeal of an existing case?
 
captainbobwalsh said:
AT THIS TIME!!

CLASS MEDICAL AT THIS TIME! My SI does not apply to Basic Med.
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It does if it’s your most recent SI and it has been withdrawn! It is one of the requirements to be eligible for BasicMed!

61.23(c)(3)(iii) The most recently issued Authorization for a Special Issuance of a Medical Certificate cannot have been withdrawn

IMG_3817.jpeg
 
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@captainbobwalsh

Part 68 (BasicMed) simply prescribes the medical education and examination requirements for operating an aircraft under §61.113(i) without holding a medical certificate issued under part 67 of this chapter.

14 CFR 61.113(i) requires that you meet the requirements of 14 CFR 61.23(c)(3).

14 CFR 61.23(c)(3)(iii) states that your most recently issued Authorization for a Special Issuance Medical Certificate cannot have been withdrawn.

Your most recently issued Authorization for a Special Issuance Medical Certificate was withdrawn on April 12, 2022, by the FAA Office of Aerospace Medicine, as stated in the letter you posted.

Due to your most recently issued Authorization for a Special Issuance being withdrawn, you do not meet the requirements of 14 CFR 61.23(c)(3), as required by 14 CFR 61.113(i). Therefore, as per Part 68, you are not eligible to operate an aircraft under 14 CFR 61.113(i).

Period. End of story.
 
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timrb said:
So let's just clear this up once and for all:

Captain Bob, have you been given a special issuance authorization since April 12, 2022?

Tim
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Judging by the fact that his profile in the Airman Registry says “No medical information available”, I’m betting not.
 
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