EASA SEP revalidation by exp. microlights

[Forfoxake]

To help those trying to figure this out (like me!), the full guidance on the CAA website is:

Self-declaring your medical fitness using the Pilot Medical Declaration

Once you have a licence, if you only want to fly UK (G) registered aircraft in UK airspace you can use the online Pilot Medical Declaration (PMD).

A medical declaration (from 25th August 2016) is an affirmation of your medical ‘fitness to fly’ and may be used to exercise the privileges of a:

• UK Part-FCL Private Pilot Licence (PPL) to fly UK (G) registered Part 21 and non-Part 21 aircraft;
• UK Part-FCL Light Aircraft Pilots Licence (LAPL) to fly UK (G) registered Part 21 and non-Part 21 aircraft;
• UK Part-SFCL Sailplane Pilot Licence (SPL) to fly UK (G) registered Part 21 and non-Part 21 aircraft;
• UK Part-BFCL Balloon Pilot Licence (BPL) to fly UK (G) registered Part 21 and non-Part 21 aircraft but restricted to private and commercial operation only (excluding commercial passenger ballooning, commercial operation only if commercial operation rating held).
• NPPL (NPPL) to fly UK (G) registered non-Part 21 aircraft;
• UK PPL to fly UK (G) registered non-Part 21 aircraft; and
• A UK Commercial Pilot Licence (CPL) Balloons that is restricted to commercial operation and the privileges of a UK PPL (Balloons and Airships).

It is valid for flying with the following operational conditions;
• With not more than three passengers on board;
• in aircraft with a Maximum Take-Off Mass (MTOM) of 5700kg or less
• In Visual Meteorological Conditions (VMC) or when exercising the privileges of an Instrument Meteorological Conditions (IMC)/Instrument Rating (Restricted). The privileges of a full Instrument Rating (IR) are not applicable.
• by day or night when exercising the privileges of a Night Rating provided that colour safety has previously been checked by an AME.
• PMDs are not valid outside of UK airspace, as it is not an internationally-recognised medical standard, unless permission has been granted by the State of the airspace you are flying in.

Pilots must not make a pilot medical declaration if they do not reasonably believe that they meet the medical requirements for a Group 1 (Car) Licence issued by the Driver and Vehicle Licensing Agency and;

Holders of UK national licences only, to only fly aircraft no greater than 2000 kg MTOM
You may fly an aircraft no greater than 2000kg MTOM, provided you are not taking medication for any psychiatric illness. If you are taking medication for a psychiatric illness you must consult an AME and apply for a LAPL medical certificate, or

Holders of UK national and Part-FCL Licences, to fly any aircraft less than 5700kg MTOM
Do not suffer from any physical or mental condition or illness, or any history of such a condition or illness that might impair the safe operation of normal flight controls or render the licence holder unfit at any time to perform any function for which the licence is granted. As a minimum, such conditions include:

(a) any alcohol or drug abuse, addiction or misuse;
(b) any neurological condition requiring medication;
(c) any functional disability likely to impair safe operation of normal flight controls;
(d) any recent surgery or new medical treatment;
(e) any collapse, fainting (syncope), seizure or loss of consciousness;
(f) any history of (a) to (e); or
 
(g) other medical conditions specified by the CAA:
i. Being prescribed medication for any psychiatric illness
ii. Bipolar disorder, schizophrenia or other psychotic illness, or a diagnosis of personality disorder
iii. Dementia or cognitive impairment
iv. Being prescribed medication or treatment for angina or heart failure
v. Cardiac surgical procedures including coronary angioplasty or stenting and cardiac device implantation
vi. Insulin treatment for diabetes
vii. Chronic lung disease with shortness of breath on exertion

If any of the above are present the applicant must visit an AME and apply for a LAPL or Class 2 medical certificate (as appropriate to the privileges that they are seeking to exercise)

[waffilator]

Thanks,that's nice and clear,seems I can go that route then.

[Forfoxake]

OK folks. I have found extensive discussion of the query I have raised on another internet forum. Although it is reported there that the CAA is still working on the matter, it appears that the best summary (by ls8pilot on 14/2/21) of the present situation is as follows:

"Holders of UK-Part FCL licences may fly (part 21 or non-part 21) aircraft with a PMD, provided they can sign up to the PMD statements for aircraft <5,700Kg; That is to say the conditions in parts a)-e) under "Holders of UK national and Part-FCL Licences, to fly any aircraft less than 5700kg MTOM" here https://www.caa.co.uk/general-aviati...rivate-pilots/

What has gone is the ability for UK-Part FCL licence holders to fly (any aircraft) using the reduced requirements under "Holders of UK national licences only, to only fly aircraft no greater than 2000 kg MTOM" in the above document.

So if you have a PMD, and meet the extended requirements, you are OK, but if you do not meet them then you (currently) require a formal medical. As has been mentioned we're all hoping this is a temporary status while the collective legal minds get their kn***kers un-twisted!

Confused ? You bet"

Imho, it is a nonsense that a LAPL holder can no longer take advantage of the 2000kg MTOM alleviation to fly non-Part 21 aircraft. Let's hope the CAA sorts this before lockdown ends!

PS Think I will write that letter to Grant Shapps after all.

[topoverhaul]

What is also not acknowledged is that although Part FCL licence holders may sign up to the not above 5700kg PMD conditions, they may only exercise LAPL privileges while relying on that PMD to validate their licence. So they are restricted to flying aircraft not above 2000kg in VFR conditions.

[ETOPS]

Where does it say that? topoverhaul...

[Fl1ingfrog]

It doesn't say that. Additionally the self declaration is valid for flight at night and in IMC where the rating is held. You cannot use an IR with the PMD.

THERE IS ONLY ONE SELF DECLARATION (PMD) WHATEVER WEIGHT OF AIRCRAFT YOU INTEND TO FLY. The 2000 kg or 5700 kg in the associated notes only refers to possible medical conditions. If you DO NOT SUFFER from any of the LISTED CONDITIONS then this section IS IRRELEVANT TO YOU.

The declaration form lists the range of licenses you use now or may in the foreseeable future. Tick ALL those that are now or may become relevant to you in the near future. This way, however the CAA consolidates licenses and ratings over time, post Brexit, you will hopefully not have to submit again. It is up to you.

[Forfoxake]

Originally Posted by Fl1ingfrog

It doesn't say that. Additionally the self declaration is valid for flight at night and in IMC where the rating is held. You cannot use an IR with the PMD.

THERE IS ONLY ONE SELF DECLARATION (PMD) WHATEVER WEIGHT OF AIRCRAFT YOU INTEND TO FLY. The 2000 kg or 5700 kg in the associated notes only refers to possible medical conditions. If you DO NOT SUFFER from any of the LISTED CONDITIONS then this section IS IRRELEVANT TO YOU.

The declaration form lists the range of licenses you use now or may in the foreseeable future. Tick ALL those that are now or may become relevant to you in the near future. This way, however the CAA consolidates licenses and ratings over time, post Brexit, you will hopefully not have to submit again. It is up to you.

I agree with all of this except this bit:

"The 2000 kg or 5700 kg in the associated notes only refers to possible medical conditions. If you DO NOT SUFFER from any of the LISTED CONDITIONS then this section IS IRRELEVANT TO YOU."

The associated notes (reproduced again below) mention twice having a HISTORY of the specified conditions and illnesses. So, imho, it is not a matter whether you suffer from these conditions now but whether you have EVER suffered from any of these conditions, even if it was years ago and you have completely recovered!

I doubt if you can interpret these notes as meaning that the pilot is allowed to determine whether the condition or any history of it might not 'impair the safe operation of normal flight controls or render the licence holder unfit at any time to perform any function for which the licence is granted' It is more likely that a 2000kg declaration made before the wording was changed is still valid till expiry date as long as no new or recurring relevant medical conditions occur. Any thoughts on this F1F?

In any event, Irv Lee states in his latest One Sheet Catch-up:

"NB Due to legal conflicts, the ‘limited-to-2000kg’ PMDs are current (sic) not available for FCL licences, but the PMD for the higher (<5700kg) MAUM limit is now permanently in law for UK airspace for UK (both FCL and non-FCL) licences in suitable G-reg Part 21 and non-Part 21 aircraft." and later states;

"Restoration of the lower level (up to 2000kg) PMD with its more liberal medical disqualifiers for use by UK FCL licences in Part 21 aircraft is being sought by the flying organisations from the CAA (Feb 2021)."

Presumably, they are also seeking this for non-part 21 aircraft. So it is pretty clear to me that there is a problem that needs sorted and I have written to Grant Shapps at the DfT asking him to urge the CAA to take early action.


Holders of UK national and Part-FCL Licences, to fly any aircraft less than 5700kg MTOM
Do not suffer from any physical or mental condition or illness, or any history of such a condition or illness that might impair the safe operation of normal flight controls or render the licence holder unfit at any time to perform any function for which the licence is granted. As a minimum, such conditions include:

(a) any alcohol or drug abuse, addiction or misuse;
(b) any neurological condition requiring medication;
(c) any functional disability likely to impair safe operation of normal flight controls;
(d) any recent surgery or new medical treatment;
(e) any collapse, fainting (syncope), seizure or loss of consciousness;
(f) any history of (a) to (e); or
 
(g) other medical conditions specified by the CAA:
i. Being prescribed medication for any psychiatric illness
ii. Bipolar disorder, schizophrenia or other psychotic illness, or a diagnosis of personality disorder
iii. Dementia or cognitive impairment
iv. Being prescribed medication or treatment for angina or heart failure
v. Cardiac surgical procedures including coronary angioplasty or stenting and cardiac device implantation
vi. Insulin treatment for diabetes
vii. Chronic lung disease with shortness of breath on exertion

If any of the above are present the applicant must visit an AME and apply for a LAPL or Class 2 medical certificate (as appropriate to the privileges that they are seeking to exercise)

[topoverhaul]

The Aviation Safety (AmendmentJ Regulations 2021 provide the authority to use a PMD made in accordance with ANO 163 with a Part FCL licence in Part 21 aircraft. Although the PMD declares it is valid for aircraft not exceeding 5700kg MTOM, the above regulation only allows one to exercise LAPL privileges in Part 21 aircraft. One can use most of the PPL privileges in a non Part 21 aircraft as they are subject to ANO Regulation.

(4) In Annex 4 (Part-MED), Subpart A (general requirements), in point MED.A.030(c)—

(a)in point (1), after “certificate” insert “or have made a medical declaration (except where the pilot is exercising the privileges of a LAPL in respect of a turbine engine helicopter, in which case the pilot shall hold at least a valid LAPL medical certificate)”;

(b)in point (2), after “certificate” insert “(except where the pilot is exercising the privileges of a LAPL in respect of aircraft other than turbine engine helicopters, in which case the pilot shall hold at least a valid class 2 medical certificate or have made a medical declaration)”;

(c)in point (3)(i), at the end insert “or (except where more than 4 persons are on board the aircraft) have made a medical declaration”;

(d)in point (4), after “certificate” insert “or have made a medical declaration”.

[Forfoxake]

Originally Posted by topoverhaul

The Aviation Safety (AmendmentJ Regulations 2021 provide the authority to use a PMD made in accordance with ANO 163 with a Part FCL licence in Part 21 aircraft. Although the PMD declares it is valid for aircraft not exceeding 5700kg MTOM, the above regulation only allows one to exercise LAPL privileges in Part 21 aircraft. One can use most of the PPL privileges in a non Part 21 aircraft as they are subject to ANO Regulation.

(4) In Annex 4 (Part-MED), Subpart A (general requirements), in point MED.A.030(c)—

(a)in point (1), after “certificate” insert “or have made a medical declaration (except where the pilot is exercising the privileges of a LAPL in respect of a turbine engine helicopter, in which case the pilot shall hold at least a valid LAPL medical certificate)”;

(b)in point (2), after “certificate” insert “(except where the pilot is exercising the privileges of a LAPL in respect of aircraft other than turbine engine helicopters, in which case the pilot shall hold at least a valid class 2 medical certificate or have made a medical declaration)”;

(c)in point (3)(i), at the end insert “or (except where more than 4 persons are on board the aircraft) have made a medical declaration”;

(d)in point (4), after “certificate” insert “or have made a medical declaration”.

Whilst I applaud you quoting the actual regulations rather than CAA guidance, could you expand on what this now means in practice, particularly to LAPL(A) holders who want to continue flying non Part 21 aircraft on an up to 2000kg PMD signed before 2021?

[Fl1ingfrog]

the above regulation only allows one to exercise LAPL privileges in Part 21 aircraft.

Not so and would be silly if true. The UK CAA gave all the same privileges to licenses issued in accordance with EASA to also fly Annex 2 aircraft as they were called then. LAPL holders have always been entitled to fly non part 21 aircraft.

We sometimes have to use 'common sense' and apply care not to become 'barrack room' lawyers. As is being demonstrated, some are in the danger of spiraling into a never ending fall to nowhere. The PMD form is quite clear the associated notes that go with it are comprehensive. There is no need to dig anywhere else because it is pointless.

[Forfoxake]

Originally Posted by Fl1ingfrog

Not so and would be silly if true. The UK CAA gave all the same privileges to licenses issued in accordance with EASA to also fly Annex 2 aircraft as they were called then. LAPL holders have always been entitled to fly non part 21 aircraft.

We sometimes have to use 'common sense' and apply care not to become 'barrack room' lawyers. As is being demonstrated, some are in the danger of spiraling into a never ending fall to nowhere. The PMD form is quite clear the associated notes that go with it are comprehensive. There is no need to dig anywhere else because it is pointless.

Unfortunately the law, or at least the interpretation of it, does not always make 'common sense' as I think this matter illustrates.

Hopefully, this matter will be sorted by the time routine leisure flying restarts!

PS Although I do not think it is reflected in the notes associated with the current PMD, I am encouraged by this bit from the CAA clarification on SkyWise:

"Existing PMDs remain valid for the type of licence(s) and aircraft weight limits specified at the time of a declaration."

[Forfoxake]

I have now received a reply to my query to the CAA about my personal licence/PMD combination:


"Thank you for your email below.

Your email has been passed to the GA Unit to respond to. In terms of the "Existing PMDs remain valid for the type of licence(s) and aircraft weight limits specified at the time of a declaration.", this relates to any declaration that was correctly made before the changes were implemented and then subsequently changed back.

'Does this mean that a UK issued LAPL(A) holder is able to continue to fly G-registered non Part 21 aircraft in UK airspace on a online PMD signed made in 2020 (or earlier) till it's original expiry date?

In my case, the licence type ticked is EU Part-FCL LAPL to fly non-EASA aircraft, no greater than 2000kg MTOM. I only wish to continue (when Covid-19 restrictions are relaxed!) to fly non Part 21 aircraft (LAA permit aircraft in my case) atm and have no desire to fly Part 21 aircraft in the UK or any aircraft outside the UK.'

Unfortunately, holders of UK Part-FCL licences both LAPL(A/H) and PPL(A/H) were not previously and are currently not permitted to make a declaration to the 'at or less than 2000kg' criteria. All of the exemptions that were published allowing UK Part-FCL licence holders to declare only referred to the disqualifying medical conditions as per Art 163 of the ANO, they did not refer to the 'at or less than 2000kg' criteria.

The amendment at the beginning of the year which brought the PMD into the UK Aircrew Regulation, also did not refer to the 'at or less than 2000kg' criteria. This means yes the holder of a UK Part-FCL LAPL or PPL can make a declaration but this must be, at the moment, to the 'at or less than 5700kg' criteria. CAA is working with the DfT to establish the use of the 'at or less than 2000kg' criteria for all UK
licence holders."


So not good news for me (and I suspect some others) in the short term. However, the GA unit later added that "We hope to have the review complete by the time flight training returns."