The amendment contains some interesting changes to the PBOR2. This is being discussed over on the Red Board but I hadn't seen it mentioned here.
(I note in passing that the amendment is to H.R. 22 - The "Hire More Heroes" Act, which has already been passed by the House. I thought it was supposed to have been proposed as an addition to a highway appropriations bill.)
(I note in passing that the amendment is to H.R. 22 - The "Hire More Heroes" Act, which has already been passed by the House. I thought it was supposed to have been proposed as an addition to a highway appropriations bill.)
Congressional Record said:At the appropriate place, insert the following:
TITLE __--PILOT'S BILL OF RIGHTS 2
SEC. __01. SHORT TITLE.
This title may be cited as the ``Pilot's Bill of Rights
2''.
SEC. __02. MEDICAL CERTIFICATION OF CERTAIN SMALL AIRCRAFT
PILOTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue or revise medical
certificate regulations to ensure that an individual may
operate as pilot in command or required crewmember of a
covered aircraft without regard to any medical certification
or proof of health requirement otherwise applicable under
Federal law if--
(1) the individual possesses a valid driver's license
issued by a State, territory, or possession of the United
States and complies with all medical requirements or
restrictions associated with that license;
(2) the individual holds a medical certificate issued by
the Federal Aviation Administration on the date of enactment
of this Act, held such a certificate at any point during the
10-year period preceding such date of enactment, or obtains
such a certificate after such date of enactment;
(3) the most recent medical certificate issued by the
Federal Aviation Administration to the individual--
(A) indicates whether the certificate is first, second, or
third class;
(B) includes authorization for special issuance;
(C) may be expired;
(D) cannot have been revoked or suspended; and
(E) cannot have been withdrawn;
(4) the aircraft is carrying not more than 5 passengers;
(5) the individual is operating the aircraft under visual
flight rules or instrument flight rules;
(6) the flight, including each portion of that flight, is
not carried out--
(A) for compensation or hire, including that no passenger
or property on the flight is being carried for compensation
or hire;
(B) at an altitude that is not more than 18,000 feet above
mean sea level;
(C) outside the United States, unless authorized by the
country in which the flight is conducted; or
(D) at an indicated air speed exceeding 250 knots;
(7)(A) the individual has completed a medical education
course described in subsection (b) during the 24 calendar
months before acting as pilot in command or required
crewmember in a covered aircraft and demonstrates proof of
completion of the course; or
(B) the individual exercises sport pilot privileges or acts
as pilot in command of a glider or balloon; and
(8) the individual, when serving as a pilot in command or
required crewmember, is under the care and treatment of a
private physician if the individual has been diagnosed with
any medical condition that may impact the ability of the
individual to fly.
(b) Medical Education Course Requirements.--The medical
education course described in subsection (a)(7) shall--
(1) be available on the Internet free of charge,
(2) be developed and periodically updated in coordination
with representatives of relevant nonprofit and not-for-profit
general aviation stakeholder groups;
(3) educate pilots on conducting medical self-assessments;
(4) advise pilots on identifying warning signs of potential
serious medical conditions;
(5) identify risk mitigation strategies for medical
conditions;
(6) increase awareness and impacts of potentially impairing
over-the-counter and prescription drug medications;
(7) encourage regular medical exams and consultations with
primary care physicians;
(8) inform pilots of the regulations pertaining to the
prohibition on operations during medical deficiency; and
(9) provide to an individual a signature page, which shall
be transmitted to the Administrator, for the individual to
certify that the individual has--
(A) completed the course;
(B) received a routine physical exam from an appropriately
qualified physician during the 60 months before acting as
pilot in command or required crewmember in a covered
aircraft;
(C) received the care and treatment from a private
physician in accordance with subsection (a)(8), if
applicable; and
(D) declared an understanding of the existing prohibition
on operations during medical deficiency by stating: ``I
understand that I cannot act as pilot in command, or in any
other capacity as a required flight crewmember, if I know or
have reason to know of any medical condition that would make
me unable to operate the aircraft in a safe manner.''.
(c) Special Issuance Process.--
(1) In general.--An individual who has qualified for the
third-class medical certificate exemption under subsection
(a) and is seeking to serve as a pilot in command or required
crew member of a covered aircraft shall be required to have
completed the process for obtaining an Authorization for
Special Issuance of a Medical Certificate one time if the
individual is diagnosed with any of the following medical
conditions:
(A) A mental health disorder, limited to clinically
diagnosed conditions of--
(i) personality disorder that is severe enough to have
repeatedly manifested itself by overt acts;
(ii) psychosis, defined as a case in which an individual--
(I) has manifested delusions, hallucinations, grossly
bizarre or disorganized behavior, or other commonly accepted
symptoms of psychosis; or
(II) may reasonably be expected to manifest delusions,
hallucinations, grossly bizarre or disorganized behavior, or
other commonly accepted symptoms of psychosis;
(iii) severe bipolar disorder; and
(iv) substance dependence within the previous 2 years, as
defined in section 67.307(4) of title 14, Code of Federal
Regulations.
(B) A neurological disorder, limited to an established
medical history and clinical diagnosis of the following:
(i) Epilepsy.
(ii) Disturbance of consciousness without satisfactory
medical explanation of the cause.
(iii) A transient loss of control of nervous system
functions without satisfactory medical explanation of the
cause.
(C) A cardiovascular condition, limited to the following:
(i) Myocardial infraction.
(ii) Coronary heart disease that has been treated by open
heart surgery.
(iii) Cardiac valve replacement.
(iv) Heart replacement.
(2) Special rule for cardiovascular conditions.--In the
case of an individual with a cardiovascular condition, the
process for obtaining an Authorization for Special Issuance
of a Medical Certificate shall be satisfied with the
successful completion of an appropriate clinical evaluation
without a mandatory wait period.
(d) Report Required.--Not later than 5 years after the date
of the enactment of this Act, the Administrator, in
coordination with the National Transportation Safety Board,
shall submit to Congress a report that describes the effect
of the regulations issued or revised under subsection (a) and
includes statistics with respect to changes in small aircraft
activity and safety incidents.
(e) Prohibition on Enforcement Actions.--On and after the
date that is 180 days after the date of the enactment of this
Act, the Administrator may not take an enforcement action for
not holding a valid third-class medical certificate against a
pilot of a covered aircraft for a flight if the pilot and the
flight meet the applicable requirements under subsection (a)
unless the Administrator has published final regulations in
the Federal Register under that subsection.
(f) Covered Aircraft Defined.--In this section, the term
``covered aircraft'' means an aircraft that--
(1) is not authorized under Federal law to carry more than
6 occupants; and
(2) has a maximum certificated takeoff weight of not more
than 6,000 pounds.