Checking yourself medically
What, then, are your legal responsibilities to be sure you remain medically qualified to act as a pilot on a flight while your medical certificate is current? Asked even more broadly, what are any pilot's legal responsibilities to be sure that he or she is medically qualified to operate an aircraft? The answer may not be so easy. And, in part, the answer depends on whether you are acting as a required flight crewmember on an airplane, a glider, a balloon, or a light sport aircraft.
FAR 61.53 states that a person who holds a current medical certificate shall not act as pilot in command or as a required pilot flight crewmember if that person "knows or has reason to know of any medical condition that would make the person unable to meet the requirements for the medical certificate," or is taking medication or receiving other treatments that have the same effect. Even pilots flying gliders, hot air balloons, or light sport aircraft who do not require a medical cannot act as pilot in command "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."
You are solely responsible for grounding yourself if a medical condition has arisen--or you needed to take medication--and you are unable to meet the medical standards in FAR Part 67.
Sometimes, it is hard to know what sort of medical condition or type of medication would require that you ground yourself in this way. A heart attack or the onset of migraine headaches obviously will require that you ground yourself until the FAA again finds you to be medically qualified. Other conditions simply require that you ground yourself for the period of time that it takes for the medical condition to pass--say you had the flu or were taking certain medicines to treat a cold. At the very least, if there is a change in your medical health, you should consider the possibility that you are no longer medically qualified and consult with persons who could help you figure it out. AMEs often are happy to provide guidance, as are some FAA inspectors or the FAA's medical staff, although you may not want to give these persons this information until after you have been able to sort through it yourself. AOPA members can contact AOPA's medical certification staff for information on disqualifying medical conditions and medications.
There is no legal responsibility to immediately report any changes in your health to the FAA--your legal responsibility is not to exercise the privileges of your medical certificate, if no longer medically qualified--though you may be required to report any changes when filling out your next medical certificate application form.
For the pilot of a glider, balloon, or light sport aircraft, it is your responsibility to determine if you have a medical condition that would make you unable to pilot the aircraft in a safe manner. Safety is the broad standard provided by this regulation. This seems to be more of a subjective standard, suggesting that you use prudence in determining whether you may be medically qualified to act as pilot in command of such an aircraft.
For the pilot of a light sport aircraft, how you determine your medical qualifications depends on what you are using to judge your medical qualifications. If you hold a U.S. driver's license, you may be medically qualified to pilot a light sport aircraft, as long as you have not been denied an FAA medical certificate in the past and as long as any FAA medical certificate that you ever held was not suspended or revoked. If you do not have a U.S. driver's license but you do hold an FAA medical certificate, then you must be sure that you remain medically qualified to hold that medical certificate in order to pilot a light sport aircraft.
Confusing? Yes. But, with the right guidance, it can be figured out fairly quickly. In any event, no one likes to fly when they don't feel good, so that's one way to know when to ground yourself. Under other not-so-clear circumstances, it may be best to be conservative and to seek guidance from knowledgeable persons.
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.
AOPA members who have questions or concerns about medical issues can call 800/USA-AOPA 8:30 a.m. to 6 p.m. weekdays.
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