Legal Briefing

What Goes On Behind The Scenes?

The aviation industry's flight training segment has borne the brunt of many changes since the attacks of September 11, primarily because the terrorists were known to have received flight training from facilities located in the United States. Federal and local governments are acting to control who receives flight training, whether the individual is a brand-new student pilot, a pilot who is training to acquire higher certificates or additional ratings, or a pilot who is merely looking for some practice time with a flight instructor. Some of these changes may have the unfortunate consequence of discouraging students from learning to fly and discouraging pilots from attempting to become more proficient, which could adversely affect aviation's vitality.

Congress passed a law in November 2001 that requires those who provide flight training - including simulator training - for aircraft weighing 12,500 pounds or more to a non-U.S. citizen to notify the U.S. Attorney General and provide the identity of the individual requesting training. The flight school must deny or stop the training if the attorney general determines that the individual "presents a risk to aviation or national security."

The same law also requires flight schools to conduct security awareness programs for employees "to increase their awareness of suspicious circumstances and activities of individuals enrolling in or attending flight school." Since flight school is not defined in the statute, it is not clear whether the application of this requirement is limited to those flight schools certificated under Part 141 of the federal aviation regulations or all businesses providing flight instruction.

In addition, some states are seeking to regulate flight school activities against perceived threats to aviation security. In general, it seems the states are conditioning flight training on the conduct of a criminal background check.

Before September 11, 2001, the FAA required all persons to obtain a medical certificate before they can act as pilot in command of an aircraft. That requirement is still in place. For the brand-new student, the certificate serves a dual function and is called an Airman Medical and Student Pilot Certificate.

The FAA requires that an individual demonstrate medical qualifications before being allowed to operate an aircraft as PIC, which is what the student is doing when operating in solo flight. The individual must visit an aviation medical examiner, typically a local physician who has been designated authority from the FAA to conduct aviation medical exams. At the examiner's office, the pilot is provided with a medical application form (FAA Form 8500-8) that consists of a privacy act statement, instructions for completing the form, a page to be completed by the airman, and a page to be completed by the examiner.

In addition to identifying information such as name, address, and physical description, the form will ask detailed questions about the applicant's medical history. It will specifically ask about any admissions to a hospital (at any time) and about any visits to health professionals in the preceding three years. It will also specifically ask about any history of frequent or severe headaches, episodes of unconsciousness, diabetes, and allergies. One tricky question asks about the current use of any medication, prescription and nonprescription. There are also questions relating to traffic and non-traffic convictions and administrative history.

The instruction page may provide the best information about how the airman is to answer some of the medical questions. For example, in response to the open-ended question of "Visits to Health Professional Within Last Three Years," routine dental and eye exams need not be listed, and visits for counseling need not be listed unless related to a substance abuse or psychiatric condition.

Another portion of the form whose significance may be overlooked is the signature line at the bottom of the form. There are two important responsibilities attached to signing this form. First, the individual is authorizing the National Driver Registry to provide information to the FAA concerning his or her driving record so that the FAA may access information that will verify the information provided on the form. Second, the individual is "certifying" that all statements and answers provided on the form are truthful.

While we may not agree with what our government is doing to our flight activities in response to the terrorist activities of September 11 and the ongoing threat, we must be mindful of the goals of safety and security toward which the government is continuously working.

Kathy Yodice is an attorney with Yodice Associates in Washington, D.C., which provides legal counsel to AOPA and administers AOPA's Legal Services Plan. She is an instrument-rated private pilot.