who's the boss ? CAA or AME/Dr.
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who's the boss ? CAA or AME/Dr.
Hi all,
I' ll try to be as clear as possible... here it is: I hold an EASA licence issued by the CAA of country (let's call it X).
At the beginning of 2015 and because it was more convenient, I have renewed my medical in another (EASA) country (let's call it Y). During the tests, the AME found a condition that needed to be checked more deeply. I was referred to a specialist (which also happen to be a consultant for the CAA of that country). This specialist agreed that I was fit for class 1 but with a temporary restriction. If after 6 months some new tests show no degradation of my condition, he would be happy to lift the restriction. Pretty fair deal in my opinion !
Thus, my current medical is issued by country Y with the approval of country X.
1 year later (it takes time for the paperwork and various exams) the CAA of country X (which seems to control the whole thing) refuses to lift my restriction for another 6 months and a repeat of all the test I have just done in the past 3 months (successful tests btw).
I have talked to 2 different specialists (included the consultant for the CAA of country Y that originally put the restriction on my licence), 2 different AME and one GP and all agree that there are no reasons for maintaining the restriction on my medical.
I need this restriction to be lifted immediately, as next month I start a new job I have applied for since many many years and finally got in. Losing this job opportunity is not an option.
My question is: can an AME in country X or Y, overrule the decision of the CAA X and remove the restriction ? Or is the CAA the final decision maker ?
If so, what is the quickest way to make the CAA admit their wrongdoing ? Legal action ? Else ? I understand that country Y is the current issuer of my medical and they should be the one deciding on the restriction but I also know that without the approval of country X, country Y will never lift it.
Thank you for your advices in that matter.
cheers
Linda787
I' ll try to be as clear as possible... here it is: I hold an EASA licence issued by the CAA of country (let's call it X).
At the beginning of 2015 and because it was more convenient, I have renewed my medical in another (EASA) country (let's call it Y). During the tests, the AME found a condition that needed to be checked more deeply. I was referred to a specialist (which also happen to be a consultant for the CAA of that country). This specialist agreed that I was fit for class 1 but with a temporary restriction. If after 6 months some new tests show no degradation of my condition, he would be happy to lift the restriction. Pretty fair deal in my opinion !
Thus, my current medical is issued by country Y with the approval of country X.
1 year later (it takes time for the paperwork and various exams) the CAA of country X (which seems to control the whole thing) refuses to lift my restriction for another 6 months and a repeat of all the test I have just done in the past 3 months (successful tests btw).
I have talked to 2 different specialists (included the consultant for the CAA of country Y that originally put the restriction on my licence), 2 different AME and one GP and all agree that there are no reasons for maintaining the restriction on my medical.
I need this restriction to be lifted immediately, as next month I start a new job I have applied for since many many years and finally got in. Losing this job opportunity is not an option.
My question is: can an AME in country X or Y, overrule the decision of the CAA X and remove the restriction ? Or is the CAA the final decision maker ?
If so, what is the quickest way to make the CAA admit their wrongdoing ? Legal action ? Else ? I understand that country Y is the current issuer of my medical and they should be the one deciding on the restriction but I also know that without the approval of country X, country Y will never lift it.
Thank you for your advices in that matter.
cheers
Linda787
Está servira para distraerle.
Perhaps go and do a full initial (not a renewal or a reissue) medical at the aeromedical centre of the country of licence issue. Take every scrap of a medical report from everyone who says the restriction should be lifted.
If X were the UK, they operate to a system of flow charts which can be found after a good hunt on their website. You might have a chance of getting a brand new medical issued by your country of licence.
The downside to any suggestion though is your time scale. Three working weeks is not a long time for a medical assessment result with a CAA. You might have to put a plan into operation, such as outlined above, while at the same time playing a somewhat elasticated second string with the opportunistic option.
There are a couple of people who post on this site who know much more than I in these convoluted matters. Perhaps they'll come along with better ideas.
Good luck though.
If X were the UK, they operate to a system of flow charts which can be found after a good hunt on their website. You might have a chance of getting a brand new medical issued by your country of licence.
The downside to any suggestion though is your time scale. Three working weeks is not a long time for a medical assessment result with a CAA. You might have to put a plan into operation, such as outlined above, while at the same time playing a somewhat elasticated second string with the opportunistic option.
There are a couple of people who post on this site who know much more than I in these convoluted matters. Perhaps they'll come along with better ideas.
Good luck though.
Maybe I am confused, but as I see it
You saw a specialist in country Y who recommended to country Y you be given your medical. They did so.
He told you he would be happy after 6 months to recommend the removal of a restriction, but whether country Y would have taken this advice is unknown
You then returned to country x who wont simply remove the restriction.
Without knowing more about your condition it is impossible to comment further. You could have returned to country y. If they had refused to lift the restriction you could have asked the specialist to comment. But if you are now asking country x they are entitled to go by their own standards which may be different. And all this assumes they have no reason to question whether your condition has changed even if you are unaware of any change.
Sorry to be a killjoy but I am afraid I dont see you have any grounds to complain. You can try to ensure country x go by their rules if they publish them, or you can go back to country y and see what they decide.
You saw a specialist in country Y who recommended to country Y you be given your medical. They did so.
He told you he would be happy after 6 months to recommend the removal of a restriction, but whether country Y would have taken this advice is unknown
You then returned to country x who wont simply remove the restriction.
Without knowing more about your condition it is impossible to comment further. You could have returned to country y. If they had refused to lift the restriction you could have asked the specialist to comment. But if you are now asking country x they are entitled to go by their own standards which may be different. And all this assumes they have no reason to question whether your condition has changed even if you are unaware of any change.
Sorry to be a killjoy but I am afraid I dont see you have any grounds to complain. You can try to ensure country x go by their rules if they publish them, or you can go back to country y and see what they decide.
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Hi Cavortingcheetah and Radgirl.
Thank you for your quick reply. I think you pointed me to the right direction with your advices: going back to country Y, do a medical there and (as long as the CAA Y agrees to listen the recommendation of their specialist) transfer my licence from country X to Y with the restriction removed.
Because we talk about European conformity here (supposedly.......), I have assumed that the rules were the same throughout all EASA countries, regardless if I do my medical in Ireland, the UK, Germany or Greece. But I guess I was wrong and what X refuses, Y might accept and vice versa. I should have known better !
I will try this avenue, although I know that the CAA Y is as
and as CAA X.
Thank you once again for your help, appreciated.
Linda
Thank you for your quick reply. I think you pointed me to the right direction with your advices: going back to country Y, do a medical there and (as long as the CAA Y agrees to listen the recommendation of their specialist) transfer my licence from country X to Y with the restriction removed.
Because we talk about European conformity here (supposedly.......), I have assumed that the rules were the same throughout all EASA countries, regardless if I do my medical in Ireland, the UK, Germany or Greece. But I guess I was wrong and what X refuses, Y might accept and vice versa. I should have known better !
I will try this avenue, although I know that the CAA Y is as
and as CAA X.Thank you once again for your help, appreciated.
Linda
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If the examiners in Y would issue you a medical without restriction, then certainly get your medical done there. If necessary you can also change the country of oversight from X to Y.
I know that despite EASA times, there are differences still. I also know of a case where the X country´s chief medical officer just didn´t want to be wrong and so ruined the career of a pilot colleague. The medical authorities in his Y issued him a medical but the X chief medical authority came after him!
He ended up getting a FAA medical and having to experience a de facto exile.
Good luck with the new job!
I know that despite EASA times, there are differences still. I also know of a case where the X country´s chief medical officer just didn´t want to be wrong and so ruined the career of a pilot colleague. The medical authorities in his Y issued him a medical but the X chief medical authority came after him!
He ended up getting a FAA medical and having to experience a de facto exile.
Good luck with the new job!
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Thank you Ferrypilot. That is exactly what I am getting at.
And as per your colleague, I do hold an ICAO medical that I renew every year without any issue. I guess that some people are looking for problems where there are none. In this tough economy, one probably has to justify his job
Fly safe !
Linda
And as per your colleague, I do hold an ICAO medical that I renew every year without any issue. I guess that some people are looking for problems where there are none. In this tough economy, one probably has to justify his job
Fly safe !
Linda
