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bakerloo
16th May 2001, 03:07
I have just been down to Gatwick for a Class 1 medical (Initial) and told because of eye sight they will only issue a class 2 medical.
Prior to going to the C.A.A. I had an optician do a check on my eyes and his findings were that I met the minimum requirements.
Can anybody tell me if there is an appeals procedure, or if not, anyway of getting a second opinion, that the CAA will listen to.

The failing condition was
Left eye +3 di optic
right eye +4 di optic

Many thanks

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inverted flatspin
16th May 2001, 07:00
Yes an avenue of appeal does exist.

Here are the relevent JAR'sJAR-FCL 3.045 Special Circumstances

Date: December 1, 2000


(See AMC FCL 3.045)

(a) It is recognised that the provisions of all parts of JAR-FCL will not cover every possible situation. Where the application of JAR-FCL would have anomalous consequences, or where the development of new training or testing concepts would not comply with the requirements, an applicant may ask the Authority concerned for an exemption. An exemption may be granted only if it can be shown that the exemption will ensure or lead to at least an equivalent level of safety.

(b) Exemptions are divided into short term exemptions and long term exemptions (more than 6 months). The granting of a long term exemption may only be undertaken in agreement with the JAA FCL Committee.

For medical variation and review policy see JAR-FCL 3.125.

JAR-FCL 3.125 Variation and Review Policy

Date: December 1, 2000


(a) AMS Review. If the medical requirements prescribed in JAR-FCL Part 3 (Medical) for a particular licence are not fully met by an applicant the appropriate medical certificate shall not be issued, revalidated or renewed by the AMC or AME but the decision shall be referred to the Authority. If there are provisions in JAR-FCL Part 3 (Medical) that the individual under certain conditions (as indicated by the use of should or may) can be considered fit, a variation may be granted by the Authority. The AMS may issue, revalidate or renew a medical certificate after due consideration has been given to the requirements, acceptable means of compliance and guidance material and to:

(1) the medical deficiency in relation to the operating environment;

(2) the ability, skill and experience of the applicant in the relevant operating environment;

(3) a medical flight test, if appropriate; and

(4) the requirement for application of any limitations, conditions or variations to the medical certificate and licence.

Where the issue of a certificate will require more than one limitation, condition or variation, the additive and interactive effects upon flight safety must be considered by the AMS before a certificate can be issued.

(b) Secondary review. Each Authority will constitute a secondary review procedure, with independent medical advisers, experienced in the practice of aviation medicine, to consider and evaluate contentious cases.

I don't know of anyone who has asked for such a review.

Clearly under 3.045 (special circumstances) the JAR says "Where the application of JAR-FCL would have anomalous consequences".

Obviously an anomalous consequence would be that you could qualify for a FAA 1st class medical and with appropriate licences fly in and out and all around JAA airspace to your hearts content in an N reg aircraft.

It also states "An exemption may be granted only if it can be shown that the exemption will ensure or lead to at least an equivalent level of safety."

No problem getting such evidence. Visit the FAA website and search for it. All FAA studies and findings are public record and you can order them for a small fee. If the FAA previously had a restriction regarding your medical problem they would not have removed it unless they had conducted a study of it and demontrated that safety would not be compromised. Get a copy of the relevant publication and submit it with your request for a review.

Good luck

daay41126
16th May 2001, 12:10
is the -5 dioptres limit about to be introduced

BigTimeWannabe
16th May 2001, 16:46
The -5 diopters is already in place, but it's for Over 25's or 3/4years unchanged for those between -5 and -3, otherwise it's still -3.

Check it out on the caa website

www.caa.co.uk (http://www.caa.co.uk)

BTW

astudent
18th May 2001, 01:02
oooh this is my first time on the whole internet forum thing

but thanks inverted flatspin for the appeals info

i appealed last week because of an EEG abnormality and i can only reiterate what someone else said - if the CAA med people think there is no safety problem they seem to do their utmost to help. I found they understood what a devastating event it is to have your Class 1 denied!

bakerloo
18th May 2001, 18:49
Just to the topic back on course is there any one out there who has been through an appeals procedure. Could you let the forum know how you got on and what is required, especialy if it is related to eyesight.(or E-mail me)

Many thanks to inverted flatspin for your time and effort to reply, it was a very informative
Good luck to other forum members.

B..

inverted flatspin
19th May 2001, 03:43
Bakerloo, you're welcome. I am currently in the US but I will be returning to Ireland in about a years time. My problem is Colour vision or should I say I have no problem, the FAA have no problem but the JAA have a hair up their collective ass about this issue. I intend to persue the appeals proceedure when I get home and I will post my results.

boxmover
21st May 2001, 18:25
inverted flatspin

Lots of the info in a glass cockpit depends on colour. ie the same text comes up red or green so you need to be able to tell what colour the text is.

If you have very poor colour vision you will not get a JAR medical. Sad but thats the way it is.

inverted flatspin
22nd May 2001, 04:56
boxmover. The problem is not poor colour vision. The problem is the way is is measured. The Ishihara test in particular and all the others (holmes wright, farnsworth lantern etc) are based on Bad Science. They work just fine if you pass them i.e you will be able to tell the difference between red, green and white. However if you fail that does not nessecarily mean that you are unable to distinguish these colours. The FAA has done many studies in real world settings both for pilots and air traffic controllers. they have come up with a very robust waiver system that has proven itself safe for a long many years. It is very hard to argue against a 100% safety record in this regard and it is also very hard to argue that a person who has demonstrated the ability to distinguish between red and green lights at a distance of 1500ft would have a problem with a glass cockpit where the distance is only a few feet.

bakerloo
26th May 2001, 15:07
I have just been reading the notices in the
rumours and news and a posting wich caught my attention is a medical notice saying that the c.a.a. have dropped the comprehensive medical exam requirements from the class 1 medical on the grounds that this jaa requirement was not a flight safety issue. this posting is from A and C titled Well done CAA.
Does any body have any info on this especially with regard to eye testing,

thanks in advance B...