PPRuNe Forums

PPRuNe Forums (https://www.pprune.org/)
-   Private Flying (https://www.pprune.org/private-flying-63/)
-   -   Medical exam for FAA foreing based license (https://www.pprune.org/private-flying/634311-medical-exam-faa-foreing-based-license.html)

CarmineCella 24th Jul 2020 23:54

Medical exam for FAA foreing based license
 
Hallo
I have a PPL FAA license foreign based, that depends on my EASA (Italy) license.
My medical exam class 2 expired this month, and I went to an AME in California to get a new medical certificate for class 3.

I want to be sure that with FFA foreign based + AME medical class 3 I'm clear to fly. The AME doctor, my instructor in California and my instructor in Italy said yes, but I wrote to ENAC (Italian civil aviation) and they said that I should probably have a EASA medical certificate instead.

Do you have any info that can help me?

Thanks
c

avionimc 25th Jul 2020 22:08

To fly a N- registered aircraft anywhere in the world you only need a FAA Medical Certificate. However, within Italian airspace, and because your FAA certificate is based on your Italian pilot licence, I am not entirely sure. It should be sufficient though. Again, if you fly outside of Italy you are covered.

You should get a full FAA certificate, it implies verification --possibly already done if within six months, passing a FAA written test, you already got a 3rd Class Medical, and a visit to the FSDO. Done!

Fl1ingfrog 26th Jul 2020 11:05

My understanding is that if you fly relying on the U.S. "Airmans Certificate" which is dependent on your EASA licence then your EASA licence must be fully valid. The EASA licence can only be valid when the relevant EASA medical is also valid. I don't understand why the Italian NAA couldn't be clearer but of course they cannot authorise flight in the USA using a USA certificate.

There are numerous FAA offices throughout California, they are the only reliable source for you. Could just be a phone call away.

custardpsc 27th Jul 2020 15:56

>The EASA licence can only be valid when the relevant EASA medical is also valid.

Not true. Don't confuse validity with currency or medical status or exercise of privileges.. Valid means 'not suspended, revoked or withdrawn' - the presence or absence of a medical certificate does not affect validity..

As far as the FAA is concerned, to use the privileges of a 61.75 certificate, an ICAO compliant medical or an FAA medical are equally acceptable.

To answer the question properly one would need to know the country you propose to fly in and the country of registration of the aircraft. Also you mention a class 2 and a class 3 medical, but don't say which country issued which.

On the assumption that you are trying to fly in Oakland or similar on an N reg, either a class 2 EASA or a class 3 FAA medical is acceptable to use with the 61.75. You must comply with FAA currency / flight review requirements etc. You do not need to simultaneously meet any such EASA requirements.

If you are in europe then it is more complicated, and depends on the registration and where you are actually based and what/how you are trying to fly.

Hope that helps

CarmineCella 27th Jul 2020 17:37


Originally Posted by custardpsc (Post 10847470)
>The EASA licence can only be valid when the relevant EASA medical is also valid.

Not true. Don't confuse validity with currency or medical status or exercise of privileges.. Valid means 'not suspended, revoked or withdrawn' - the presence or absence of a medical certificate does not affect validity..

As far as the FAA is concerned, to use the privileges of a 61.75 certificate, an ICAO compliant medical or an FAA medical are equally acceptable.

To answer the question properly one would need to know the country you propose to fly in and the country of registration of the aircraft. Also you mention a class 2 and a class 3 medical, but don't say which country issued which.

On the assumption that you are trying to fly in Oakland or similar on an N reg, either a class 2 EASA or a class 3 FAA medical is acceptable to use with the 61.75. You must comply with FAA currency / flight review requirements etc. You do not need to simultaneously meet any such EASA requirements.

If you are in europe then it is more complicated, and depends on the registration and where you are actually based and what/how you are trying to fly.

Hope that helps

Hi,
thanks a lot for your feedback.
To clarify: medical class 2 has been given in Italy for my EASA license. Medical class 3 has been given in California for my FAA (foreign based) license.
I think I'll be able to fly here in California (KOAK) and that's all I need for now. Once I'll go back to Italy for holidays I'll do a medical visit there too, to have both certificates current.
Makes sense?
Thanks
C

hoodie 27th Jul 2020 18:50

The relevant FAR relating to flying in the US with a "based on" licence is 14CFR 61.75, which is clear:


Originally Posted by 14CFR 61.75
(b)(4) Holds a medical certificate issued under part 67 of this chapter or a medical license issued by the country that issued the person's foreign pilot license

A Part 67 medical certificate is of course an FAA medical.

So (in the US) one of an FAA medical or an EASA medical is sufficient.

Fl1ingfrog 27th Jul 2020 18:54

The following is taken from the CAA.co.uk website, "EASA Part-MED"

"EU Part-MED medical certificates for EU licences
Pilot licences are not valid without a valid medical certificate. ............"


Custardpsc - your confused and have simply got it wrong. Obviously, if a licence is "suspended", "revoked" or "withdrawn" it is not valid.

On a positive note: thank god for the old U.S. of A. for providing some common sense. The reference from hoodie to the FAA FAR 61.75 was most helpful.

CarmineCella 27th Jul 2020 19:05

Guys,
thanks a lot. I feel pretty positive now that in order to fly PPL here with my FAA foreign based, my medical class 3 issued here in California by AME is all I need.
Best
C

custardpsc 28th Jul 2020 09:49

>Custardpsc - your confused and have simply got it wrong. Obviously, if a licence is "suspended", "revoked" or "withdrawn" it is not valid.

I'm not confused, but it is confusing ! the question of validity of an EASA licence for issue of 61.75 isn't considered from the EASA perspective,it is considered from the FAA perspective. They consider an EASA licence to be valid provided it is not suspended etc. You can get a 61.75 issued using either an FAA med and an EASA licence with an expired medical ( which I have done) which requires only the EASA licence to be verified, or using EASA licence and EASA medical in which case both need to be verified. This is covered in internal FSDO procedure docs for the issuance process.

jmmoric 28th Jul 2020 10:02


Originally Posted by Fl1ingfrog (Post 10847571)
The following is taken from the CAA.co.uk website, "EASA Part-MED"

"EU Part-MED medical certificates for EU licences
Pilot licences are not valid without a valid medical certificate. ............"


Custardpsc - your confused and have simply got it wrong. Obviously, if a licence is "suspended", "revoked" or "withdrawn" it is not valid.

On a positive note: thank god for the old U.S. of A. for providing some common sense. The reference from hoodie to the FAA FAR 61.75 was most helpful.

My license says that I can exercise the priviliges in it when they are validated, and I can only exercise the priviliges in it as well when I have a valid medical.

Now my ratings and endorsements have an expiry date, same goes for the medical... once those are passed, my privileges and medical are no longer valid and I'm no longer allowed to exercise those privileges. But that doesn't mean I do not have the privileges, I still do...... just not allowed to exercise them.

The license on the other hand, that is mine for life... they cannot just take it away without good reason. Though "re-validating" it, will take some sort of training depending on the time it hasn't been valid (or I haven't exercised the priviliges).

But I don't think people are in doubt about this..... it's part of training from day one....

CarmineCella 8th Aug 2020 19:37

Hallo
I wanted to add that I reached out to my local FSDO (Oakland) and they told me that the limitation on the back of my US certificate (foreign based) requires that I maintain all requirements of my Italian pilot certificate. This limits me from acting as PIC but it does not limit me from flying with an instructor.

I'm even more confused now. From the 14CFR 61.75, that hoodie mentioned, it seems that I can use either a FAA medical or an EASA one.
I wrote them back by asking to comment this, I'll let you know.
c

Ebbie 2003 9th Aug 2020 23:48

I too am having FAA medical and flight review problems compounded by geographic issues.

I have an original FAA PPL.

The SFAR extended my medical from end of April to end of July - I never got to use it though as the authorities in Dominica refused permission to fly airplanes, not even for maintenance purposes (mine consequently had insects invade the left tank, not the right and so it was good for the 35 minute flight up to Guadeloupe for annual - I could not fly it as my review expired in late May.

Usually I would go up to Florida in April every other year for medical, flight review and Sun n Fun - this year a no go.

Have found an FME in Antigua - not risking Florida and I have a FAA CFI in St Barths to do my flight review, following which back to Guadeloupe to collect my airplane with the annual competed.

Catch is that the French borders were closed last week - so this is going to be fun.

Need to get to Barbados for a project at the end of the month, so scheduled - LIAT the airline owned by a number of governments in the region went bust, the odd reaction is smaller airlines free to operate and the costs (including taxes) are a third of what they were!

So having fun here in the sun:)

The flight review thing was weird, met the criteria but not the US list of charities to fly for, we don't have them here, although I made the airplane available for the government to use - that is something they need to sort in future - OK protect your airspace from sub 500 hour pilots and limit flight but make a comment to the effect that it applies in US airspace only - OK the FAA is US but they should take care of the FAA pilots in other airspace too - if it's OK with the airspace one is in and one meets the other criteria it seems odd to have the rules bar one from flying in non-US airspace. Were it for for the limitation on charity tyoe flights I could have flown to Antigua and St Barths and have sorted the whole thing - as it is I am not expecting to be back in the air until October:(


selfin 10th Aug 2020 09:44

"... FSDO (Oakland) ... told me that the limitation on the back of my US certificate (foreign based) requires that I maintain all requirements of my Italian pilot certificate."

That is not the opinion of the Office of the Chief Counsel in Washington. Relevant interpretations were given on 22 Mar 2012 to Andrew Krausz by Rebecca B MacPherson, Assistant Chief Counsel for Regulations, and on 6 Aug 2014 to Henning Grossman by Mark W Bury, Assistant Chief Counsel for International Law, Legislation, and Regulations. These opinions can be found in an FAA archive here (link).

Two relevant paragraphs in the interpretation to Krausz addressing your question:

Further complicating your inquiry is a notice issued by the Aviation Accident Investigations
Board (AAIB) in August 2008, which quotes the 14 C.F.R. 61.75(e)(3) which states the US
certificate, "Is subject to the limitations and restrictions on the person's US certificate and
foreign pilot license when exercising the privilege of that US pilot certificate in an aircraft of
US registry operating within or outside the United States." The AAIB draws the conclusion
from this provision that any and all limitations and restrictions that a pilot would be subject
to under his foreign pilot certificate are incorporated in his US certificate, and apply equally
under his US certificate. This conclusion is mistaken.

While 14 C.F.R. 61.75 does incorporate the limitations and restrictions "on the person's US
certificate and foreign pilot license," (emphasis added) that language refers to the scope of
the authority reflected by the certificate itself. In other words, the pilot is subject to the
restrictions and limitations that appear on the face of the US certificate or foreign pilot
license. The language does not include the entirety of regulatory requirements of the foreign
State since the holder of the 61.75 certificate is bound by the US regulatory requirements to
exercise the privileges of the US certificate. The FAA views that language as addressing the
limitations of the sort FAA uses, e.g., "not valid for night operations," where the individual
has not completed the night training requirements.



All times are GMT. The time now is 19:53.


Copyright 2021 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.