Is a current lower class medical valid if an attempt at a higher is unsuccessful?

CFI A&P

CFI A&P

Exploring the world one toilet at a time.
A former student of mine that flies corporate and has a special issuance second class. They’re entertaining the idea of applying for a first class to make a career change, however, they’re unsure if it is worth rocking the boat for a higher class and if unsuccessful, do they keep the second class? Or do they lose all medical privileges if the first class application is denied?
 
I'm not expert but if you rock the boat the AME might take a look special issuance. They have a right to. I'd try to have an "off the record" chat with the AME that issued the second class about this. Also, I've heard of AME's doing "consult exams", which are off the record. If you can find one that will play along that might be a good way to find out. Costs the same as a normal exam but you don't do a medxpress form.
 
I would look at defer rather than deny, if a condition is identified. I’ve done the medical flight test side of things for 3rd then 1st class (2x).

The AME suggests I should go lower. (Cheaper, no ecg) But given the SODA links to the class, I would stick with that class.
 
CFI A&P said:
higher class and if unsuccessful, do they keep the second class? Or do they lose all medical privileges if the first class application is denied?
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I’ve never seen a good answer to that question. In theory, since the old medical is not automatically revoked, it’s still valid. But at the same time, 61.53 requires us to to self certify that we still meet the requirements for the medical certificate level we need for the operation. So, at best, the pilot needs to be able to say, “I failed my 1st class but I know I still meet the requirements for a second class.” That’s always true but, depending on the reason for the failure, the denial puts the pilot in a real dilemma. And, all that assumes the failure does not trigger the FAA to revoke the existing medical based on the new information.

The recommendations here to consult rather than apply are generally the best course of action.
 
Since you already have a reply from the legal side I'm not going to say much other than a consultation is not a bad idea. This question has many permutations and is hard to answer in a straightforward manner. You state they have a special issuance, not a SODA? I ask because a SODA would not follow the airman up to the next class but a special issuance would, as it is associated with the airman's PI number. Is the airman in danger of failing because of a new condition or because of a condition already addressed and if a new condition is it something that say would disqualify for first class but not 3rd class? All of this aside I would opine that generally if you apply for a higher class and for some reason are deferred you are allowed to fly under your other privileges as long as you are complying with the FAA requests for information. If you stop complying and you receive a letter asking for a return of your medical (a denial essentially) then that would apply to all classes.

Aaron Florkowski, MD
FAA designated Senior AME
www.kansascityame.com
 
FlightSurgeon said:
Since you already have a reply from the legal side I'm not going to say much other than a consultation is not a bad idea. This question has many permutations and is hard to answer in a straightforward manner. You state they have a special issuance, not a SODA? I ask because a SODA would not follow the airman up to the next class but a special issuance would, as it is associated with the airman's PI number. Is the airman in danger of failing because of a new condition or because of a condition already addressed and if a new condition is it something that say would disqualify for first class but not 3rd class? All of this aside I would opine that generally if you apply for a higher class and for some reason are deferred you are allowed to fly under your other privileges as long as you are complying with the FAA requests for information. If you stop complying and you receive a letter asking for a return of your medical (a denial essentially) then that would apply to all classes.

Aaron Florkowski, MD
FAA designated Senior AME
www.kansascityame.com
Click to expand...

Thank you for the response. That adds clarity to their situation. They do have a special issuance 2nd. I’ll relay that to them and encourage a consultation for a 1st.
 
There are AMEs that specialize in helping people get medicals. Find one, do a consult. Listen to what they have to say, because they want to help.
 
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