Medical Application

[Tom22]

The FAA has a new requirement that arrests must be disclosed on the medical application.

Edited September 16, 2009 by Tom22

[CFIAP5544]

#$%^ the FAA!

 

Looks like we might be better off living in Russia!

[JDHelicopterPilot]

When did they do this? I recently went and don't remember that question on there. They will ask if you have been convicted of a felony.

 

JD

[AngelFire_91]

I just went last month and didn't hear anything of it. Same old form that I answer "no" on everything every year...

 

By the sound of it though, it's only a matter of time before the FAA has a FAR that requires you to seperate out, Arrests vs. Detained vs. Convicted. So that would mean I would have to mark yes on the "Detained" part since my car was mistaken for a vehicle that was involved in a burgulary, so my friend and I were "Detained" while they searched my car and then later let us go without any arrest, or tickets, or anything.... So does that mean I can't fly? Ummmm, let's just say I'll fight that one to the bitter end tooth and nail before I let them do that.

[FUSE]

This has not happened yet and still has a chance of being changed.

 

I know that I don't want big brother looking over my should over every aspect of my life, but honestly I don't have too much of a problem with what they are looking to do. But I do agree that it is very hard to draw the line to when to much is to much. Being arrested because you were in a fight one night because of bad luck would not play into this. Knowing how stupid our judicial system is and knowing people get arrested multiple times over for drunk driving but get out of it because of taking some class or promising to do this or that so they never get convicted makes me feel that these types of arrests, regardless of if you were convicted, should be considered. But below is the actual way they will be changing the form, they don't want to know about every arrest you have ever had.

 

Modified Item 18 v

Arrest, Conviction, and/or Administrative Action History — See Instructions Page

Yes No

History of any arrest, and/or conviction(s) involving driving while intoxicated by, while impaired by, or while under the influence of alcohol or a drug; or (2) any history of any arrest, and/or conviction(s) or administrative action(s) involving an offense(s) which resulted in the denial, suspension, cancellation, or revocation of driving privileges or which resulted in attendance at an educational or rehabilitation program.

[will]

i talked to an operations inspector for the faa a couple of days ago, and from what he said (i'm speculating/extrapolating), they are just trying to explore backgrounds. there is also a question about DUI's on the medical, and regardless of what you answer, they still check "every state in the union" to see if you are truthful. i imagine the "arrest" question is similar. they'll still probably be checking, but catching an applicant lying on a federal form is a big no-no in their book.

 

maybe it's to make their job easier? i don't know for sure. but i imagine they'd investigate any positive responses to the question and determine from their research whether or not you're worthy of a medical/pilot's license. i could be wrong.

[Tom22]

I think adding the words “arrest”, “arrested” to item 18v makes the question vague, and it needs clarification. Is the question asking if you left the jail with your driver’s license after an arrest or did the whole arrest and conviction result in an action that resulted in loss of driving privileges or attending some kind of rehabilitation program? I believe there needs to a crackdown on chronic DWI offenders. Those people have no business piloting an aircraft. However, like the AOPA’s attorney points out a person under arrest has, “not been afforded due process of the law” and that is what is wrong with this question.

Edited September 16, 2009 by Tom22

[JDHelicopterPilot]

Quick question. The form we fill out is for an FAA medical, no? Yes it is. So, what does being detained due to a my car matching one on the police hot list have to do with my medical status? (Only as an example)

 

If I was convicted of DUI, drug charges or in the mental ward or something like that, then yes I can see how that has a factor in my medical status. The FAA needs to get their act together.

 

If they really want to get into other convictions or what not then they should start a seperate background investigation program. Doesn't matter to me, as most of not all part 135 operators will already do a very detail background check.

[rmiller4292]

Tom22, The issuance of a FAA medical certificate is not a civil liberty or right afforded by the Constitution, it is a privilege extended by the government. Just as driving is a privilege that can be revoked under certain circumstances, a medical can be denied under circumstances determined by the government also.

 

Ryan

[Tom22]

Rmiller4292, I am well aware that a pilot’s certificate, medical certificate, and a driver’s license are privileges not rights. Moreover, I am well aware that FAA has the power of emergency revocation. I think you misread the intent of the discussion. Did you read the letter the AOPA’s attorney sent to the FAA? I guess we can throw the Fifth Amendment and Supreme Court case Coffin V United States out the window it has no bearing here. I see that you are a police officer so you must have equivalent knowledge of the law as somebody with a Juris Doctorate like the representing attorney.

[rmiller4292]

Tom...I'll admit I didn't read the whole letter until after my post, and was only commenting on your statement on how the government is taking away people's rights as they pertain to your medical application. I don't agree that requiring an applicant to report whether or not he has been arrested is a violation of his civil liberties. That would hinge on what the FAA chooses to do with that information. If a certificate was denied based on the sole fact that someone has been arrested it is then a different story. An arrest does not occur without probable cause however, so if someone has been arrested for something that is pertinent to our area of operations, I would rather the FAA have a heads up and check it out... I work in a very liberal community that hates the police as a general rule, and your comments struck a chord with me. We try very hard to provide a safe community for our citizens, and all we get for it is grief... about how we are the Gestapo just out to beat people up....so I take to heart comments like yours. Most things such as these have root in positive thinking...and they get derailed along the way and turn into something completely different. It just bugs me that people are out there thinking that the government is trying to ruin their lives....

 

P.S.-I have nowhere near the education of the representing attorney, therefore I try not to prepare legal briefs...I just limit my comments to public message boards. I do agree however that an arrest is nowhere near the same as a conviction.....simple rule....if you don't want to report an arrest on your medical....stay on the right side of the law...pay your parking tickets and child support!

 

-Tom...I try and maintain a neutral and objective attitude on these boards, and hope that my post did not come across as an attack on you....there's plenty of that going on here...and were all here to help each other out...