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OML IN ITALY

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Old 3rd May 2017, 15:11
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OML IN ITALY

Hi there,
It's Mattia, from Italy. I'm living a long and desconsolating trip around licences law, Jar FLC etc.

just to explain you my situation :

I’ve been involved in an accident 2 years ago, Nov. 2014 , I’ve been in coma and I had a surgery for a head hit. No physical or psychological consequences to this. Subsequently, I returned home without any medicines to take, and no periodical inspections required.

I’ve been clearly stopped by Milan IML AeMC for an year and a half, with a Class 1 unfit, (period to wait I think) with the need of doing some medical exams to ensure my condition.

They requested me to do an EEG with sleep deprivation and to return after six months with also a declaration by my primary care physician saying that I’m not subjected to psychoactive medicines. (2015). EEG had no abnormalities and my clinical picture was normal.

When I returned there in Nov 2015, they requested me to wait and return after 6 months. Still Class1 unfit. no reasons.

May 30th 2016: I returned there, ( same clinical picture without any problem or abnormalities) and they gave me OML, dual controls. They asked me to return with another declaration by my primary care physician, saying that I’m still not subjected to psychoactive medicines(for the second time since 2015), in order to give me the single-pilot's eligibility to fly.

When I returned to Milan with this paper signed, in July 2016, they confirmed dual controls, and asked me to return after other 6 months with a new EEG because too much time passed from the older one (….6 month older…).

So of that, I returned there last 4th of Nov, with the new EEG ( same clinical picture without any problem or abnormalities), I’ve done blood and urine’s analysis, and they confirmed another time the dual controls with NO EXPLANATION or motivation, and another request of the declaration from my primary care physician, saying that I’m still not subjected to psychoactive medicines (for the third time!

I’ve asked to proceed instituting legal appeal action, and they gave me a blank paper, without any disqualifying condition.

They have never informed me about WHY I’m still limited to dual controls, as it seems I don’t have any problem, and I’m physically and psychologically okay. This has been certified by all doctors.

I also did 2hrs flight piloting's assessment (under stress condition) with my school's Commander pilot, who wrote a declaration where is written that I haven’t any kind of problem and I’ve been flying in optimal psychological conditions.

Due to that I’m really disconsolate, as I’m still limited to dual controls without a valid motivation, and with a normal clinic picture.
this happened ALWAYS in MILAN AeMC medical center.

For these reasons, I’m wondering if now - as my medical certificate has been expired today - I could do the examination at another medical center in Europe, under EASA, or not.
Shall I continue to do the examination in Italy, under this AMS Autorithy(ENAC)? OR any other AMS in Europe has the authority to remove limitation (if would be the case)?

LAR FCL says ; "(d) Operational Multicrew Limitation (OML -
Class 1 only).
(1) The limitation “valid only as or with
qualified co-pilot” is to be applied when the
holder of a CPL or an ATPL does not fully meet
the class 1 medical certificate requirements but
is considered to be within the accepted risk of
incapacitation (see JAR-FCL 3 (Medical), IEM
FCL A, B and C). This limitation is applied by
the Authority in the context of a multi-pilot
environment. A “valid only as or with qualified
co-pilot” limitation can only be issued or
removed by the Authority. "


Thank you in advance for your precious time.

Last edited by bri6; 3rd May 2017 at 16:03.
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Old 4th May 2017, 04:24
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This does not answer your specific question, but if you want to see how head injuries are generally dealt with by the UK CAA you might want to look at this..https://www.caa.co.uk/WorkArea/Downl...?id=4294973901

You have not said exactly what the surgery was for, nor for how long were were unconscious, but using the term "in a coma" suggests a considerable amount of time. If it was more than 24 hours, it seems to me from the published guidance that that alone may limit you to a long term OML.
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Old 4th May 2017, 14:54
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Hi Phororhacos,
thank you for the useful link. it seems I'm between moderate and severe cases.

I just would like to know why they continue to tell me that after submit documents or certifications ( as the one for medicine taking) I would be single pilot, and then is always not like this, instead. Without any clarlification.

regarding the other question, do you (or anyone here) know if I can ask for a medical visit to another European Center under EASA?

thank you in advance
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Old 5th May 2017, 12:14
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I can't answer the first part, but I'll try to answer the second half of your question. Please bear in mind that I am only familiar with the situation in the UK and that this is not "medical advice."

Whilst you can undergo a renewal or revalidation EASA medical examination in another EASA state, (e.g. the UK), your state of issue would remain Italy, and the Italian CAA Aeromedical Section, not the UK CAA Aeromedical section, would make the decision as to whether or not your OML was maintained. The AME in the UK would be required to send the paperwork from your medical to the Italian CAA medical department for filing and, if necessary, review.

If you wanted to have that OML decision reviewed by another EASA State's CAA, you would have to undertake a SOLI (State of Licence Issue) transfer first to that other EASA state even if you do not yet have a pilot's licence.

(I can't tell from your post whether you are a student or qualified. Anyway, the SOLI rules apply if you have ever had an EASA medical, or a JAA medical deemed to be an EASA medical, even if not yet licenced).
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Old 5th May 2017, 12:23
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yes, I'm a licenced pilot since 2013.

Anyway, thank you so much for your help!!
I will give a look to SOLI rules!
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Old 5th May 2017, 12:36
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No problem. You might want to do lots of research first so as not to transfer to a state with stricter Head Injury rules than your current state, nor to one that you cannot transfer back out of. (see the thread on Germany and SOLI on this site).

"Out of the frying pan into the fire" in English. "Dalla padella nella brace" according to my italian version of the Hobbit.
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Old 5th May 2017, 13:04
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yeah, for sure.. I was thinking about Slovenia, as I'm currently working 10 km from the border!
I will investigate and ask for their rules.

thank you!
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