Potential Future BasicMed Loophole

Volzalum

Pre-takeoff checklist
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Volzalum
In my research for working to restore my medical after a long hiatus, I think BasicMed under current rules will provide a minor loophole for Private Pilots for alcohol charges. Under current and future BasicMed requirements you have to report administrative actions and convictions to FAA security, but not the arrest unless it results in administrative action. For example, if you do not provide BAC consent, you will have administrative action against your drivers license as it will be suspended and then you have to report it within 60 days of the administrative action. If you are convicted of an alcohol offense you have to report the conviction within 60 days of the result. However, if you do consent to BAC tests, there will not be administrative action against your license so no report required at that time, then if the charges are dismissed or reduced to a non-alcohol offense, there is no longer anything alcohol related to report, and you still have a clean driving record. You could then switch to BasicMed and never report it to the FAA as long as you remained on BasicMed. However, if you ever wanted a Class 3 medical again, you would have to report it at that time under current rules.
 
For what its worth, when you take the course you consent to National Driver's Registry checks, so the FAA will receive notifications of NDR Events, and as you noted, §61.15(e) applies to everyone, just as it always has, to report convinctions. You are still reporting alcohol related arrests--just to your physician, via the checklist---not to the FAA, so in theory your physician may not sign if they see a pattern of abuse.
 
Or you could just call uber and not drink and drive
You can't do that after the fact.
I'll wager that there are many more pilots here that have driven impaired than there are pilots that have been convicted of it.
 
In Massachusetts if you take the breathalyzer and blow 0.8 or higher, or if you refuse the breathalyzer, the police take your driver's license and issue you a suspension right at the police station. Obviously this isn't the case in many other states and I think the OP is right about the loophole.
 
Same in VA.

So under Basic Med or Sport pilot you're immediately grounded since they require a DL.

The loophole is actually the reverse. If you have a class 1/2/3 you can still head to the airport and fly.
 
It'll also be interesting to see if the FAA security division attempts to change their reporting requirements from administrative action or conviction related to alcohol to arrest, administrative action, or conviction related to alcohol. That would close the loophole. In the original discussion, there would be not NDR identification of an alcohol event. Anything that hit your NDR as an alcohol event is already reportable under Part 61.
 
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