Pilots Bill of Rights

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skippers

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skippers
As a Senior AME I just received and interesting notification about the new Pilots Bill of Rights. As of October 1, 2012 as I read it you must sign that you have read and received your bill of rights. Failure to do so will result in AME not being able to issue you a medical. Your signed form must be sent to the FAA. An interesting quote is "Any response to an inquiry by a representative of the Administrator by you in connection with this investigation of your qualifications for an airman medical certificate may be used as evidence against you." I will let the legal eagles on the board weigh in. Sounds like the 5th Amendment is going to be common place in medical disputes. The full form can be found on the AMCS website. Maybe somebody with more computer smarts can post the link.
 
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I got it too. Each airman is getting read his miranda rights prior to any exam. Further, the application.....results in investigation.

Trouble is, any investigation means the subject likely doesn't want to say much.

This just means we will be in more demand off the 8500-8 as consultants.....
 
skippers said:
As a Senior AME I just received and interesting notification about the new Pilots Bill of Rights. As of October 1, 2012 as I read it you must sign that you have read and received your bill of rights. Failure to do so will result in AME not being able to issue you a medical. Your signed form must be sent to the FAA. An interesting quote is "Any response to an inquiry by a representative of the Administrator by you in connection with this investigation of your qualifications for an airman medical certificate may be used as evidence against you." I will let the legal eagles on the board weigh in. Sounds like the 5th Amendment is going to be common place in medical disputes. The full form can be found on the AMCS website. Maybe somebody with more computer smarts can post the link.
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The link is here
 
jbarrass said:
The link is here
Click to expand...

Interesting - as best I can tell, the underlying assumption of the letter and new procedure is that all applicants for a certificate are considered medically unqualified unless proven otherwise by an "investigation" - i.e. the exam.

That has always been the case, but it is good to see them forced to spell it out so explicitly in writing.

(At least when a cop has arrested you and read you your rights, you're presumed to have committed an illegal act. In the case of a getting a medical exam you are committing a legal act and the government is using procedures normally associated with commission of an illegal act.)

I doubt this was the intent of the legislation, so the fall-out should be interesting.
 
n20junkie said:
Is this the fist sign of the FAA having its panties in a wad over this?
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I believe we are at battle stations. I was wondering how long it would take for the shot across the bow to be answered. Government leaders HATE when other government leaders intrude on their domain. :rofl:
 
It could also just be a result of FAA lawyers reading the new law, and determining what the agency has to do to comply with it.
 
Palmpilot said:
It could also just be a result of FAA lawyers reading the new law, and determining what the agency has to do to comply with it.
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Based on recent Counsel opinions, I have no trouble believing this to be the case, and I believe the FAA is correct in it's interpretation.

Issuing/Renewing your medical certificate results in the FAA investigating you, always. They check the National Driver Registry at a minimum. Getting a certificate also triggers the FAA investigating you - they have to see if you're on any DHS "no-certificate" lists, and see if you've committed any of the magic offenses like Air Piracy that keeps you from flying.

So while the intent of the PBOR was that you'd always be notified when the FAA was investigating you, perhaps even earlier in the process that currently done, this is an unintended consequence.
 
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