Can a CFI do this?

Ventucky Red

Ventucky Red

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Jon
So this hit my inbox today... any recommendations?

[FONT=&quot]hey, i got a question for you. my tenant is a nice young guy, he had cerebral palasy as a kid and one of his arms is semi wrecked but he rides a motorcycle and does everything else normal. he passed his physical for flight school on 2 different occasions and was pretty far into his license training when he decided to change schools. the instructor was ****ed and apparently called somebody and got his physical revoked? the kid says he can appeal but feels it is hopeless, any thoughts? [/FONT]
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Yeah... leave this alone.

Basically, if the student LIED on his medical, and the other CFI ratted him out (and that's the only way I can think the CFI caused the medical to be revoked), then that student is DONE.
 
How does an instructor override a doctor who passed the medical. Personality over practicality. Some instructors think they are the final word.
 
frfly172 said:
How does an instructor override a doctor who passed the medical. Personality over practicality. Some instructors think they are the final word.
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He doesn't . He writes the FAA in Oklahoma City (or calls them) and says I am aware of a student who lied on his medical application.

My GUESS is a call like that would trigger an investigation and at that point for someone with a disqualifying condition it's probably not hard to confirm it. Thus the medical gets denied, and a letter probably accompanies it saying "You lied, don't bother reapplying".

But this is all conjecture based on the OP. Only the student knows what really happened. And he may or may tell the true story.
 
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My question is still how does an instructors opinion override a doctors cert. ? The doctor did examine the applicant.
 
See this thread for the answer to your question. It sounds like it could be the flip side of this one.
 
If a CFI rats a student out for 'not being right' there is a good chance that students medical will disappear down the b'cracy rabbit hole. Even if they passed their medical honestly. Last line of defense against functioning never diagnosed bipolar types. With great power comes great responsibility. Or pettiness. And you grownups thought everything was procedure ha welcome to the human race.
 
Unfortunately looks like the student could have a lawsuit against the instructor if he was to pass a flight test.
 
Tim, there is no indication that the student lied on his medical. If the cert was issued I suspect it can be reissued. Sounds like a angry Jilted CFI to me but perhaps there is more to the story.
 
The CFI can't revoke the medical. If the medical was revoked it was revoked for a valid reason. They aren't going to revoke one without proof just on the word of some instructor.

I doubt the local FSDO even has the authority to revoke a medical certificate.
 
I have heard of this happening one other time. Guy was taking lessons from fbo and they had personality conflict come up. Student quit to go elsewhere and fbo manager called into fsdo and told them he wasnt safe and they revoked his student permit and medical. He did get it back with not a whole lot of trouble and has been flying for several years now. I actually know all parties involved and still have a hard time believing their feud escalated to such a point.
 
jesse said:
The CFI can't revoke the medical. If the medical was revoked it was revoked for a valid reason period. They aren't going to revoke one without proof just on the word of some instructor.
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Au contraire. Been policy for a long time. Probably isn't written down and we probably aren't supposed to admit it.
 
ClimbnSink said:
Au contraire. Been policy for a long time. Probably isn't written down and we probably aren't supposed to admit it.
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Medical certificates don't just disappear. There will be a reason as to why it was revoked and the reason will have to be stronger than "A CFI said so".
 
Nah, that can't happen, but the investigation that the complaint causes can burden the pilot with an evaluation he cannot afford. Same thing. Your tenant desires to keep paying the rent.

It can be in the form of a psych eval ($$S) or an evaluation ride....or anything in between.

My advice: FOIA the complaint find out who said what, pursue the eval, win the day, and then sue the heck out of the bas_ard if it is frivolous. If firvolous, somebody has to STOP THAT BEHAVIOR.
 
I think in the case of the guy I know it was more on the fact the student cert is on the medical and they asked him to send it in until he jumped thru the hoops. The actual medical probably didnt become invalid unless sending in your cert automatically does that. In this case I actually heard both sides of the story and makes me smile thinking about it. Wasn't sure either of them were telling me the same story they were so different. All worked out in the end though
 
jesse said:
I doubt the local FSDO even has the authority to revoke a medical certificate.
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Jesse is correct. That's a function of the Aeromedical folks in OKC. As noted above, if those people are told that someone lied on their medical, they have to investigate the situation, and if it turns out the applicant did lie, they will revoke the medical. Note that ANYONE, not just a person's instructor, could call the FAA and say "so-and-so really has this disqualifying condition," and the FAA would be obligated to look into the matter to at least some degree (if only to determine that the complaint was bogus).

However, since this apparently involves a 709 ride, not a medical exam, the issue is probably one of whether the pilot's abnormal condition which, while not preventing medical issuance, raises questions about his ability to safely execute his duties as PIC, and that would involve a Special Medical Flight Test. Those are initiated by Aeromedical but accomplished by an Ops Inspector in the field (i.e., at a FSDO).
 
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Theboys said:
I think in the case of the guy I know it was more on the fact the student cert is on the medical and they asked him to send it in until he jumped thru the hoops. The actual medical probably didnt become invalid unless sending in your cert automatically does that.
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Since you must have the medical in your personal possession to exercise its privileges, sending it in renders it essentially useless.
 
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