HIMS, SI, LSA

Discussion in 'Medical Topics' started by Flypie, Jun 14, 2018 at 9:11 AM.

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  1. Flypie

    Flypie Filing Flight Plan

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    10 months ago I voluntarily stopped flying and started the HIMS path toward a SI. My medical has never been revoked, suspended, or denied. My HIMS AME has performed a first class medical exam. I passed the first class medical however it was then deferred, pending the FAA approval process. The Doctor says I am good to fly but the FAA has to review my file and then issue a SI.
    My question is, can I now excercise the privileges of a sport pilot while I wait for the tedious approval process? I realize that if my application is denied, that I would be excluded from all flying.
    The way I am reading the rules is that I had a medical condition (disease) and I pulled myself from flying. Then I sought treatment and a doctors opinion and found fit to fly however I don't have a medical so I would only be able to excercise sport pilot privileges.??
     
  2. lbfjrmd

    lbfjrmd Pre-takeoff checklist

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    FAA HIMS/AME/ATC flight doc
    I believe you are correct!
     
  3. bbchien

    bbchien Touchdown! Greaser!

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    Bruce C
    Although the agency views any medical that has not been issued as a denial until it has been resolved, my understanding is that has not been tested by case law. So it would be very hard for the agency to sustain that.

    That changes if a denial letter is issued, or you are listed as "FTP information", e.g, denied for failure to provide information, which is pretty clearly a denial...."if we don not receive the information in 60 days.....we will have no choice but to deny the application....so a FTP is a denial if tested.
     
  4. Flypie

    Flypie Filing Flight Plan

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    Thanks guys. I am not sure if I want to be the "test" pilot for this? But if I can get FAA absolute assurance then I start LSA shopping.
    They did send me a letter saying that, "as a result of your chemical dependency we find you disqualified to exercise the privileges of any class of medical at this time". So I had to look up the FAA definition of "disqualified". And they define it as a temporary condition such as an illness, that with the proper treatment can resume flying (basically). So since I have been discharged from all treatment plans and evaluated by therapists, psychiatrist, cognitive testing, and AME and "found safe to fly" I view it as being properly treated and can return to the cockpit. However I would not go so far as to start to excercise the privileges of my (still unexpired) medical. But I could operate LSA under the driver license rules. Where the LSA rules focus on operating an aircraft safely.
    Is there a way to find an FAA opinion on this without "testing" it with lawyers