1 year later I get a letter from the FAA

[renkenj2001]

Hey Everyone, I just wanted to get some thoughts and feedback on what to expect from the FAA in my case.

Last year on March 2019 I was interested in getting my PPL. So I did some research not knowing anything about aviation and where to begin, I figured the best place to start was to get my medical to insure that I was good to go and wasn't going to waste my time and money with issues down the road. I found out that some people start training and then try and get their medical down the road which sometimes results in a denial from the FAA. This is something I did not want to happen is I took care of this right away.

Well.... 13 months later, PPL cert in hand, 200hr logged, 2 airplanes purchased, and 90% done on my instrument training, I get a letter from the FAA saying they need more information.

22 years ago I was convicted of possession on Marijuana, It was a felony possession since it was over 2 ounces. I did everything the courts asked of me and was even monitored for 3 years. Never touched or seen the stuff since that day. I put that behind me a long time ago.

8 years ago I was arrested for DUI. After pulling the court records I noticed that it was over the .15 threshold which has lead to sleepless night ever since due to the fact that I'm so scared of loosing my medical over it.

With the help of my lawyer, I was able to gathered all of the necessary things that the FAA has requested of me. It did take awhile to gather all the information, and we did have to ask for an extension due to the fact that some of this stuff was so long ago, but the information has been submitted.

My question is.....I did disclose all of this on my medical application, and the doc said that the FAA may request more information but he didn't see that I should have and issue since it was so long ago, but..... I fear otherwise. This is the whole reason I wanted to make sure in the beginning before I went full scale into this thing.

Why did they wait so long? It was over a year before I got the letter.

Truth is is that I no longer drink anymore and have no desire to ever drink again. I also read that sometimes they may require monitoring in which I have no issues with. They can call me at anytime to get tested if they want. I'm willing to do whatever they ask of me to prove that I am a safe pilot.

Has there been anyone else out there that has had a similar issue? and just curious as to what I may expect from the FAA concerning this issue.

Thanks everyone..!!

 

[PeterNSteinmetz]

But what about 61.23.c.3.E.ii.C ? "The most recently issued medical certificate -- "Cannot have been suspended or revoked".

I think that means that while the OP could presently obtain BasicMed, if the current medical certificate is revoked, then BasicMed no longer works.

 

[PeterNSteinmetz]

In seven months (assuming he's over 40) he won't have a medical to revoke. Think this could drag on that long?

I can easily believe it will drag on that long. Will depend on if the FAA asks for another round of documents or just decides to revoke.

I don’t know there is anything preventing them from revoking an expired certificate, just that they don’t normally do it.

The FAA could also send him a letter even after his certificate expires stating that their review has determined that he has a medical condition which does not allow them to issue a certificate. One would then be in legal terra incognito of whether that constituted “reason to know” that would prevent him from self certifying under Basic Med or Sport Pilot.

If the OP wants to continue flying, I suspect he is in for a Special Issuance, one way or another. Big question will be whether there will be a gap without medical or whether a $5-10k neuropsych and psychological exam (so called P&P) will do it.

 

[PeterNSteinmetz]

Actually there is documentation from the FAA indicating that If it's expired, there's no certificate to suspend or revoke. The document deal with the situation in which an SI still has time to go but the underlying medical has expired.
https://www.faa.gov/about/office_or...ngo-AFX-1-2 - (2018) Legal Interpretation.pdf

Very interesting. So it seems like if his medical certificate expires and he obtains Basic Med, he would be on fairly good grounds to continue operating, unless the FAA makes a request under 68.11 for more information.