Guest Editorial: Pilot’s Bill of Rights 2 clears the Senate
Historic third class medical reform on the move
Pilots around the country were delivered a Christmas present in December when the Senate passed—by unanimous consent—the Pilot’s Bill of Rights 2 (PBOR2) (see “Pilot Briefing: Senate Passes Medical Reform,” p. 36). It now awaits action in the House of Representatives.
The Pilot’s Bill of Rights 2 includes historic third class medical reform that will bolster the safety of the skies and transfer the focus of the medical certification process from bureaucrats at the FAA to the relationship pilots have with their own doctors.
Under the proposal, any pilot who currently has, or has had at any point in the past 10 years, a valid FAA medical certification will no longer be required to visit an aviation medical examiner on a regular basis, as required under current regulations. Instead, the Pilot’s Bill of Rights 2 will require pilots to take a free online medical education course once every two years and visit their own private physician every four for a physical.
And that’s it. Provided these simple steps are followed, pilots will be compliant with federal medical requirements and be able to enjoy their right to fly.
New pilots will be required to undergo a “one touch” review by an FAA AME to receive their first medical certificate, but once that process is completed, the new requirements take hold. No longer will pilots need to fear disclosing medical issues to their doctors in a flight physical, nor will pilots be disqualified from flying simply because of a medication they’ve been prescribed or a minor condition that’s been treated. Instead, a robust, honest dialogue can be held between a pilot and his doctor, and nearly all medical conditions can be fully treated without fear of retribution from the FAA.
The dozens of medical conditions that currently either disqualify pilots from flying or force them into the expensive and time-consuming special issuance process have been reduced to just three limited, severe diagnoses of cardiovascular, mental health, or neurological conditions. These are significantly limited by the legislation compared to current FAA policies. For instance, the legislation allows a pilot to satisfy the special issuance process for severe cardiovascular conditions—such as open-heart surgery—by simply having his doctor perform a clinical evaluation, and the legislation completely does away with the mandatory review period.
The compromise that made it through the Senate is a major step forward and will streamline the process for pilots to maintain their medical certification. It dramatically lowers the cost and keeps the conversation nearly exclusively between a pilot and his personal physician.
The good news of the Pilot’s Bill of Rights 2 does not stop there. The legislation also reforms the process by which individuals can appeal enforcement actions taken by the FAA. Currently, enforcement by the FAA is a government process where you’re often guilty until proven innocent, and this is largely because it can be difficult to obtain a fair appeal.
The Pilot’s Bill of Rights 1 that was signed into law in 2012 required the FAA to follow normal court proceedings in any administrative action, but the Pilot’s Bill of Rights 2 takes it a step further by allowing pilots to appeal decisions by the FAA to federal district court for a brand-new trial following the current administrative process. This will ensure pilots are given the ability to fully defend themselves against accusations made by the FAA.
We’ve already seen benefits from the changes made possible by the Pilot’s Bill of Rights 1, and with the additional changes from this latest legislation, the improvements will only continue.
The Pilot’s Bill of Rights 2 also builds on the successes of the earlier legislation by mandating that the FAA maintain notams in a central repository and certify its accuracy. If the FAA does not do this, then the FAA will not be allowed to punish pilots for failing to comply with these notams.
This legislation takes significant steps to improve the environment for general aviation pilots so that they can continue to enjoy flying the skies. It is my hope that the House will quickly take up and pass the Pilot’s Bill of Rights 2.
Sen. James M. Inhofe (R-Okla.), an active pilot, introduced the Pilot’s Bill of Rights and Pilot’s Bill of Rights 2 in the Senate.
