Apologies for bringing this year-old thread back to life. The reason is that a few friends of mine, who know they have medical conditions that will probably stop them from getting a third class medical but still want to get into aviation and assess themselves as healthy enough for piloting, have asked me these questions. In particular, I'm personally interested to know the answer to the last two questions (a.k.a. should I go ahead and co-own an LSA airplane with people I know are unlikely to pass a third class medical?)
Background:
A)
The FAA regulations FAR § 61.23(c).2.iv states that "A person using a U.S. drivers license to meet the requirements of this paragraph must not know or have reason to know of any medical condition that would make that person unable to operate a light-sport aircraft in a safe manner."
Also, FAR § 61.53(c).2 states that "For operations provided for in § 61.23(c) of this part, a person shall not act as pilot in command, or in any other capacity as a required pilot flight crewmember, while that person knows or has reason to know of any medical condition that would make the person unable to operate the aircraft in a safe manner."
Logical Deduction: if you know you have a medical condition (e.g. ADD and Adderral prescription, or cardiovascular situation, or diabetes, etc.) and you have reason to know that your medical condition makes you unable to operate the aircraft in a safe manner, you are not allowed to operate the aircraft.
Reversing the logic: if you know you have a medical condition, and you
KNOW (or, feel satisfied) that your condition does
NOT make you unable to operate the aircraft in a safe manner, you
ARE allowed to act as PIC.
B)
In a
questions and answers section on the FAA website, it states that "You
should consult your private physician to determine whether you have a medical deficiency that would interfere with the safe performance of sport piloting duties. You may exercise sport pilot privileges provided you are in good health, your medical condition is under control,
you adhere to your physicians recommended treatment, and you
feel satisfied that you are able to conduct safe flight operations."
C)
Clearly, if you are a sport pilot and have decided not to go after a third class medical, the FAA is delegating the responsibility of medical eligibility to 1) state agencies in charge of driver's license medical requirements, and 2) on the pilot. You will be legal to fly, but the
responsibility is yours. the questions below try to clarify what this responsibility really means.
Questions:
1) Is the requirement to "consult your private physician" and to "adhere to your physicians recommended treatment" binding? Do you need a letter from the private physician stating so?
2) If you are in an accident, what is the FAA, NTSB and insurance company's stance on this? After all, before there is an accident the issue of responsibility rarely becomes relevant, but at the point of an accident it becomes the most relevant topic. If someone sues as a result of the accident, will the pilot be liable because of his decision?
3) Would the patient's private physician be liable, specially in case of a written letter from the physician?
4) If the aircraft is co-owned by others, and they know of the pilots medical condition and his decision to take the responsibility ("feeling satisfied that he is able to conduct safe flight operation"), are they liable and can they be sued as well?
5) If the aircraft is co-owned by others, and they
do NOT know of the pilots medical condition (e.g. the pilot never mentions his medical condition, only that they are interested in sport piloting), would they still be liable?