Special Issuance Security

[Special_Incident]

Just a hypothetical question from someone who holds a SI for a managed anxiety disorder.

Is my SI easier to revoke than any other airman with a regular issuance? Given that I comply with anything the FAA wants AND my “6 month status report” to them is always positive

For example, if I had a “copy this number” incident. Could they decide that they want to pull my medical? Not because of a change in my condition, but because I was involved in a situation like this?

The real meat and bones of the question I’m trying to ask is does a SI holder and Regular Issuance holder share the same rights with regards to security of their medical? Or could the FAA arbitrarily decide, “ok you’ve had enough flight time buddy” ?

I’ve yet to have any incidents, but as someone hoping to go ATP one day, I’m worried that even a minor transgression could cost me my livelihood

 

[Dana]

Is this this post itself an indication of anxiety?...

 

[Special_Incident]

Is this this post itself an indication of anxiety?...

Haha. yes, I realize the irony. However, just an honest question though about the discretion the FAA retains in revoking medicalsz

 

[flyingron]

Since neither the regular or special issuance holder have ANY rights, I would say they are the same. What they can peruse from other databases is governed by the privacy act but that only covers release outside the agency.
You can ask Stan Cooper about that one.

What the FAA should not be doing is disclosing the fact you have an SI (or even an RI) to the general public. They have consistently violated that aspect of the privacy act (and their exemption thereto).

 

[bbchien]

Just a hypothetical question from someone who holds a SI for a managed anxiety disorder.

Is my SI easier to revoke than any other airman with a regular issuance? Given that I comply with anything the FAA wants AND my “6 month status report” to them is always positive

For example, if I had a “copy this number” incident. Could they decide that they want to pull my medical? Not because of a change in my condition, but because I was involved in a situation like this?

The real meat and bones of the question I’m trying to ask is does a SI holder and Regular Issuance holder share the same rights with regards to security of their medical? Or could the FAA arbitrarily decide, “ok you’ve had enough flight time buddy” ?

I’ve yet to have any incidents, but as someone hoping to go ATP one day, I’m worried that even a minor transgression could cost me my livelihood

And in the end there are no gurarantees to health. There just aren't any.....

 

[Rushie]

And in the end there are no gurarantees to health. There just aren't any.....

This.

I wouldn’t worry about whether you have a greater chance of being yanked than a regular issuance. A health event can ground anyone at any time. What I would do is have a plan B. Take computer courses, truck driving, plumbing license - anything that’s in demand; get certified for some other job as your backup. Then quit worrying and have fun flying.

 

[Lindberg]

Since neither the regular or special issuance holder have ANY rights....

This is a false premise. Even in the administrative arena, your Constitutional rights apply and you're entitled to due process. That doesn't mean you'll get what you want. And yes, there's a lot more discretion in a special issuance, so it could be "easier" to lose.

 

[Special_Incident]

This is a false premise. Even in the administrative arena, your Constitutional rights apply and you're entitled to due process. That doesn't mean you'll get what you want. And yes, there's a lot more discretion in a special issuance, so it could be "easier" to lose.

Thanks for everyones replies.

@Lindberg, when you say “easier”, how do you mean. Do they still need a good reason for pulling an SI or are they allowed to do whatever they want?

-SI holder

 

[Dana]

As long as you comply with the terms of the special issuance, and you don't have an incident caused or contributed to by the condition that the special issuance is for, you should be fine.

 

[Lindberg]

Thanks for everyones replies.

@Lindberg, when you say “easier”, how do you mean. Do they still need a good reason for pulling an SI or are they allowed to do whatever they want?

-SI holder

FAR 67.401 gives the Federal Air Surgeon (and designees) the discretion to issue special issuances and also sets out the procedure for revoking them. Since an SI is discretionary, and by definition if you need an SI you don't meet the criteria for issuance of a regular medical, it would not take much for the FAS to legally justify revoking one if you have an incident. Especially if you had an incident they could link to the condition necessitating the SI. That doesn't mean they can do anything they want. They can't act arbitrarily or illegally discriminate, but they've already established you don't qualify.

 

[Rushie]

In reality they can and will do anything they want. They don’t even need to justify it. See this thread:

https://www.pilotsofamerica.com/com...ing-your-governmental-representatives.135985/

But so can every other federal bureaucrat in the alphabet agencies. Just be sure you color within the lines, don’t call attention to yourself, and have a plan B.

 

[Special_Incident]

As long as you comply with the terms of the special issuance, and you don't have an incident caused or contributed to by the condition that the special issuance is for, you should be fine.

I guess my problem with that is they could decide arbitrarily that any incident you have was a result of your condition even if they can’t really prove that, because how DO you prove that the pilot was “so overcome with anxiety” that he landed on taxiway charlie.

For Example, when Harrison Ford landed on the taxiway a few years ago, it was a mistake (a very bad one).

But if an SI holder with an anxiety disorder landed on a taxiway, would the FAA view this as a mistake or “a result of his/her condition” and strip the medical.

Now, I don’t actually know how they view this stuff (hence this post). But I’m concerned they view everything a pilot does through the lens of his/her special issuance condition. And my completely unqualified guess would be that they link any bad decision/mistake (bad enough to catch FAA’s attention) directly to your condition.

 

[flyingron]

This is a false premise. Even in the administrative arena, your Constitutional rights apply and you're entitled to due process.

Nope. Due process is only accorded with regard to life, liberty, or property.