Legal Briefing

Paperwork obligations are serious

As a student pilot, the first FAA certificate you obtain is a combined student pilot and medical certificate. You are required to appear at the office of an aviation medical examiner, complete a medical application form, and undergo a medical examination. If you successfully complete the examination, you will leave with a medical certificate.

Typically, the medical certificate that you apply for and receive is a third class medical certificate. It allows you to exercise the privileges of a student pilot and private pilot certificate. If you begin to fly for compensation or hire, as a corporate pilot or a charter or airline pilot, then you will have obtained a commercial pilot certificate and maybe an airline transport pilot (ATP) certificate, as well as instrument, multiengine, and type ratings.

However, if you are exercising the privileges of these advanced pilot certificates and ratings, then you will be required to obtain and hold a higher-level medical certificate-either first class or second class. If you are paid to fly-transporting passengers or cargo from place to place for hire-the FAA requires you to satisfy higher medical standards.

What does it takes to keep your medical certification up to date? The three classes of medical certificates have varying standards of medical qualification and duration as spelled out in Federal Aviation Regulation (FAR) 61.23.

First, let's look at what the requirements are for the type of flying that you are doing. FAR 61.23(a) requires that a person must hold a first class medical certificate when exercising the privileges of an airline transport pilot certificate; a second class medical when exercising the privileges of a commercial pilot certificate; or at least a third class medical certificate when exercising the privileges of a private pilot, recreational pilot, student pilot, or flight instructor certificate; or prior to taking a practical test that is performed in an aircraft for a certificate or rating at any of those levels. There are some exceptions; for example, you don't need a medical certificate to fly or to learn how to fly a glider or balloon.

Note that you only need to hold a medical certificate for the privileges of the pilot certificate that you are exercising. So, if you hold an ATP certificate, but you are only exercising the privilege of a private pilot certificate, then the regulations only require you to hold a third class medical certificate. Generally, there is little reason to seek a higher level medical certificate than you will need for the pilot certificate privileges you will be exercising.

Now, let's look at the duration of your medical certificate. Unlike your pilot certificate, the medical certificate has an expiration date, and you must remember to timely renew your medical certificate in order to legally act as pilot in command of an aircraft. FAR 61.23(b) sets out the duration of each class of medical certificate.

Generally speaking, a first class medical certificate will allow the holder to exercise the privileges of an airline transport pilot certificate until the last day of the sixth month after the examination. A second class medical certificate will allow the holder to exercise the privileges of a commercial pilot certificate until the last day of the twelfth month (one year) after the month of the examination. And, a third class medical certificate has two expiration dates depending on your age at the time of the examination-if, at the time of your examination, you had not yet reached your fortieth birthday, then your medical certificate won't expire until the end of the thirty-sixth month (three years) after the month of the examination. If you are 40 or older at the time of the examination, then your medical certificate expires at the end of the twenty-fourth month (two years) after the month of the examination.

Higher-class medical certificates will automatically become valid for the privileges of lower-class medical certificate at the expiration of the higher-class certificate. After six months, a first class medical certificate will remain valid but only for you to exercise the privileges of a second class medical certificate until the twelfth month after the examination has passed. And, after 12 months of holding a second class medical certificate, the certificate will remain valid for you to exercise the privileges of a third class medical certificate, until its expiration at either 24 or 36 calendar months after your examination.

It can be confusing, but nonetheless you must remember to reapply for your medical certificate in time to continue exercising the privileges of your pilot certificate. Forgetfulness is no excuse in the eyes of the FAA, which treats paperwork obligations very seriously. After all, without the proper paperwork, the system is not assured that you are qualified and safe.

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.