http://www.faa.gov/about/office_org...m/ame/guide/app_process/app_history/item18/v/
Application Process for Medical Certification
Applicant History - Item 18. Medical History
v. History of Arrest(s), Conviction(s) and/or Administrative Action(s)
Arrest(s), conviction(s) and/or administrative action(s) affecting driving privileges may raise questions about the applicant's fitness for certification and may be cause for disqualification. (See Items
18.n. and
47). A single driving while intoxicated (DWI) arrest, conviction and/or administrative action usually is not cause for denial provided there are no other instances or indications of substance dependence or abuse.
The events to be reported are specifically identified in Item 18.v. of FAA Form 8500-8. If yes is checked, the applicant must describe the arrest(s), conviction(s), and/or administrative action(s) in the EXPLANATIONS box. The description must include:
- The alcohol or drug offense for which the applicant was arrested, convicted, or the type of administrative action involved (e.g., attendance at an educational or rehabilitation program in lieu of conviction; license denial, suspension, cancellation, or revocation for refusal to be tested; educational safe driving program for multiple speeding convictions; etc.);
- The name of the state or other jurisdiction involved; and
- The date of the arrest, conviction, and/or administrative action
Note: If the applicant documented ALL of the above information on previous exams AND there are no new arrest(s), conviction(s), and/or administrative action(s) since the last application, the applicant may enter
PREVIOUSLY REPORTED, NO CHANGE.
For all first-time reports of arrest(s), conviction(s), and/or administrative action(s) the Examiner must do the following prior to issuing an airman medical certificate:
- Obtain a detailed history of the applicant's alcohol use, the circumstances surrounding all alcohol-related incidents (include those reported in 18v and any others that may have occurred)
- Obtain copies of all court records and arrest reports related to the event(s) if the incident(s) occurred within the 5 years prior to the exam. This includes copies of relevant military records if the incidents occurred while the applicant was a member of the U.S. armed forces (includes military court records, records of non-judicial punishment, and military substance abuse records)
- Document those findings in Item 60. (See Item 47)
- Forward the court records, arrest reports, and any military records to AMCD
- Advise the applicant that the reporting of alcohol or drug offenses (i.e., motor vehicle violation) on the history part of the medical application does not relieve the airman of responsibility to report each motor vehicle action to the FAA within 60 days of the occurrence to the:
Security and Investigations DivisionAMC-700P.O. Box 25810Oklahoma City, OK 73125-0810
Deferral Criteria:
The Examiner must defer certification for any of the following:
- Inability to obtain and review the court and arrest records within 14 days of the date of the exam
- For the alcohol- or drug-related driving incidents:
- Any arrest, conviction, and/or administrative action for which the applicant registers a blood alcohol level 0.15 or higher
- Any arrest, conviction, and/or administrative action for which the applicant refused blood alcohol testing
- Any arrest, conviction, and/or administrative action within the preceding 2 years AND THERE HAS BEEN ANOTHER arrest, conviction and/or administrative action AT ANY OTHER TIME
- Total of 3 arrest(s), conviction(s), and/or administrative action(s) within a lifetime
- Total of 2 arrest(s), conviction(s), and/or administrative action(s) within the preceding 10 years
If the applicant is deferred, the FAA will require the applicant to:
- Provide:
- A detailed personal statement regarding his/her past and present patterns of alcohol or drug use
- A complete copy of his/her current driving record in any state that he/she has held a driver’s license in the last 10 years
- Copies of any court records and arrest reports related to the event(s) that have not already been provided to the AME. This includes copies of relevant military records if any event(s) occurred while the applicant was a member of the U.S. armed forces. “Relevant military records” means military court records, records of non-judicial punishment, and military substance abuse records
- Obtain:
- A substance abuse evaluation from an addictionologist or addiction psychologist/ psychiatrist familiar with aviation standards.
Issue Criteria:
The Examiner may issue if:
- NONE of the Deferral Criteria above are met
- For reported incident(s) when the most recent incident occurred more than 5 years prior to the exam, based on the exam and a detailed interview, the Examiner determines the applicant’s history does not indicate a possible substance abuse or dependence problem
- For reported incident(s) when the most recent incident occurred within the preceding 5 years of the exam, based on the exam, detailed interview AND review of the court record(s) and arrest report(s), the Examiner determines the applicant’s history does not indicate a possible substance abuse or dependence problem
In order for me to issue, I have to exclude all red conditions above:
I have no idea how to prove that the BAC was less than 0.15 without the court records, or that the applicant didn't refuse to blow, when given an offense more than 5 years ago. I think this means I have have to get the record even on out beyond the fifth year, or I have to defer. Determining that there are no other events requries a 10 year DL search.
You have two, one drug event, one alcohol event. That's a mandatory defer.
The only difference this year is that for THIRD CLASS, a Substance Eval. by a state licensed counselor in which all 11 DSM criteria are addressed SEPARATELY, can be used instead of the full psychiatrist/psychol. eval. This is about $250 in my community.
As a practical matter, your AME will need to get a couple of random urine tests, a blood count and liver function tests. And you will need all court records from BOTH events.
No AME can issue you in the office. If you want me to assemble these items, and review them, only then can I advise you as to what FAA's decision will likely be. I do know the examiners quite well, but no guarantees. PM if interested, it's not super pricey but it's not cheap.
