Ignoring letter

[groundedforlife]

i got a letter saying I need to submit the dreaded Cogscreen and full battery. Based on what I have been told by various neuropsychologistists I will not do well enough for the FAA standards.

My question is: in the letter it says something about if no response is received within 60 days we will deny your medical or LEGAL ACTION. I have never held a medical, nor did I lie. What legal action would they take?

I want to just ignore this letter and take up fishing or something else, no use going through everything just to fly on the weekends. Will ignoring this be a problem?

 

[PeterNSteinmetz]

The standards are slightly different for not being eligible for a medical certificate and not operating under a medical deficiency.

The situation one is in likely depends on the exact wording in the denial letter.

The question of flying a glider after a denial letter is again not a situation that is cut and dried and is probably legal terra incognito.

 

[PeterNSteinmetz]

Why not? Regs seem clear enough. Do you have a cite for being banned from flying a glider as a result of a medical denial?

I do not know of a case stating that.

However 61.53(b) provides that “(b)Operations that do not require a medical certificate. For operations provided for in § 61.23(b) of this part, a person shall not act as pilot in command, or in any other capacity as a required pilot flight crewmember, while that person knows or has reason to know of any medical condition that would make the person unable to operate the aircraft in a safe manner.”

So I believe the question which arises is - does a denial letter for a specific condition provide “knows or has reason to know” under this reg. And in particular, if the letter states that the denial occurred because the FAA found that the person is not safe to fly any aircraft.

 

[PeterNSteinmetz]

MANY people are in similar situations. The denial letter itself does not necessarily constitute "reason to know" a pilot isn't fit to fly.

In general true, but there is a rumor that the FAA has started sending out some letters which state that the application is denied because the FAA has determined the applicant is not fit to fly any aircraft. (Not just airplane). If such language is included, the argument is that that language might constitute “reason to know”, even regarding gliders.

But I have not seen such a letter or know of a case where this was at issue.

 

[PeterNSteinmetz]

The FAA believing you have a condition that makes you unable to safety operate any aircraft and you having a condition that makes you unable to safely operate an aircraft are two different things.

Good point. Unfortunately even if you don’t have such a condition and the FAA thinks you do, you would have to prove it through a very lengthy administrative and legal process.