As I posted on the JC fly-in thread:

I just might fly to JC without the damn medical!
Can you say LSA? (I see a loophole here... My medical has not been "denied", just "deferred" to the FAA "medical team"....)

Well, my A&I just went through the 1946 J-3/PA 11 "Cub" aircraft logs & paperwork with a "fine tooth comb", and no where could we find any evidence of a gross wt. increase from the original Air Worthyness Certificate (other than the automatic [approx wt. of floats certified for the aircraft] bump up when floats are installed-and that increase goes away when floats are removed).

My assumption is that since my medical has not been "denied", just bumped upstairs to the FAA Medical department for additional information (which is now in their hands) - I am LSA flight qualified to fly it on wheels.... Right?
We have some people on here that are WAY more informed on this stuff than I am. This is the way I read it. Am I right? I don't want to jeopardize my PPL "license to fly"....
What say you, fellas?

lc

My Cub had been modified by a previous owner with the removal of the stock header tank ( ~13 gal tank that had sat directly behind the motor) and placement of a 18 gal Piper wing tank in the right wing. Also a slightly heavier than stock 90 hp engine was installed in place of the stock 65 hp, following most of the changes Piper did to the J-3 to make a PA 11 to manufacture and sell.
It had been mildly damaged in the early to mid sixties (we speculate), then had a series of owners who each disassembled it further with the (we believe) intent of doing a restoration/rebuild on the plane.
My partner (at the time) and I bought it in a "pile of parts", and it has been "put together" once since then-and rebuilt properly once since then (long story). (Advice-NEVER buy a "pile of parts" that is represented as a "whole airplane" without anticipating it has probably been cannibalized for parts along the way.....!)
Anyhow, the major mod was done back in the sixties without a lot of documentation (as things were done then) and the aircraft logs "less than ideal" and longer than typical.
That is why I had my A&I go through the logs. I much prefer to "stay as legal as possible"....

When dealing with the FAA, usually following an incident or accident, we have to understand that the administrative law of that administration has tended to be medieval. In our dealings with this administration we often find ourselves in a "trial by oath." In this kind of medieval trial, each side must seek affirmation (oath taking) from the highest authority available. Guess what? The Administrator is the highest authority.

There is only one logical solution to the above: Stay low and they won't know.

Shit happens and sometimes/way too often I find myself in the middle of it....
If I have an accident or incident on the way to or from JC (or elsewhere), I want to be on the correct side of legal-both to keep my PPL out of jepardy with the (less and less forgiving) FAA, and for my aircraft insurance to be in full effect. A one weekend JC trip with the BCP crowd is fun and cool, but not if it entails the possibility of losing my flying privileges......

My perspective...

lc

There are those in life who manage to bust all the regs and skate on unscathed....
Historically I am one of the chaps who manage to wind up with my pecker in the wringer almost every time I try anything sneaky. I now try to stay both legal and low profile.

Keep in mind that flying with a known disqualifying condition is not legal. Whether you AME discovered it or not. Kicking your application upstairs is a paper trail. Should some local fed accidentally discover a picture of you in an airplane at JC taken during your legal process could be bad. On the other hand, a. that is highly unlikely, and b. I'm not a lawyer...so you just got your money's worth of a free opinion.

In any case good luck with whatever the Doc found.

I suppose there is a valid argument that you do not know of a disqualifying condition. That decision is still pending. Unless you were advised not to fly by your AME.
As long as there is no paper trail showing a gross weight increase above 1320 lbs, you are good to go there.
My free advice, worth every penny.
Good Luck.

It got deferred for a reason. You probably asked the reason. Now you know.
The bell has been rung. Can't operate with a known deficiency. Now, if you actually don't know about any deficiencies... have fun.

As I posted on another thread about a year ago I found out I have sleep apnea. I know other pilots who have it, and it is just a matter of time before my medical is approved, the paperwork just has to jump through all the proper hoops at the medical arm of the FAA ( my expectation and hope!).
Here is an interesting perspective, though. I have had undiagnosed sleep apnea for at least a couple of decades. Of course I didn't know it either. I am now on a CPAP machine (pressurized air for sleeping) and am sleeping the best I have slept in 25 or so years-and now that it is known and compensated for, I have a problem with my medical jumping through additional hoops since it is a "new diagnosis".
The only symptom of it through the years was I could fall asleep anytime during the day there was a lull in activity. Never had a problem with falling asleep flying-but driving was a whole 'nother problem.....
Nothing of any real medical significance, just extra paperwork/documentation is now grinding it's way through the FAA during their "vacation season" (June, July, Aug).

At JC 2 years ago posted on here there was somebody's picture of my plane Sat afternoon with me sleeping under the wing. I guess that might now be called "evidence"...

My understanding is as far as the FAA is concerned, if you are "denied" a medical you are unable to fly LSA with a PPL. If your not "denied", but the decision is "deferred" to the full time medical folks in the FAA, am I still able to fly under LSA rules/regs....?
I was hoping someone on this "brain trust" would have a definitive answer.....
I hate to call the FAA-as with other authority organizations, the answer tends to be "NO" unless there is a clear cut reason for a "yes"....

I'm still listening...
I think it likely someone in this brain trust knows.
lc

Thanks guys. I am also posting this hoping this info maybe helps someone else in this situation. Sleep apnea is getting to be a pretty common diagnosis.

Talk to AOPA they might have an answer.

Littlecub wrote:My assumption is that since my medical has not been "denied", just bumped upstairs to the FAA Medical department for additional information (which is now in their hands) - I am LSA flight qualified to fly it on wheels.... Right?
We have some people on here that are WAY more informed on this stuff than I am. This is the way I read it. Am I right? I don't want to jeopardize my PPL "license to fly"....
What say you, fellas?

OK,might as well have my nickles worth too:

First, has your old medical expired yet? If not, you might want to look at this page: http://flightphysical.com/pilot/tips/Exam-Outcomes.htm where the pertinent part is this:

The third possible outcome is an intermediate decision termed a DEFERRAL. In this situation, the AME notes a medical condition that is questionable with regards to eligibility for medical certification. The pilot takes the physical examination, but rather than issue the medical certificate or give the pilot a denial letter, the AME defers the application and medical certificate to the Regional Flight Surgeon or the Aeromedical Certification Division in Oklahoma City. With the AME's permission, the pilot may continue to fly on their current medical certificate until it lapses

So if your old medical is not expired and the AME thinks you can safely fly, you can use the rest of your existing medical. The AME must have some doubt about your condition otherwise he would have given you a denial on the spot, so there is some wiggle room there.

As for LSA, your plane might qualify, but you are in no-man's-land. You can't simply declare yourself LSA. If your medical has not lapsed, you are not LSA. To qualify for LSA, you must never have applied for an FAA medical which was (subsequently) denied. I'm afraid you have rolled those dice already. Oke City could come back with a denial, in which case, you are toast for LSA already. Most likely they will come back with a request for more tests. It's a PITA. My brother got a deferral from a quack AME who used out of date pee strips and subsequently deferred the results to OKC. My brother was walking for 6 months while the whole machine ground out the answer that there had never been anything wrong with him in the first place. I'm sure you will get your medical back after jumping through an adequate number of hoops. If and when you do, the only way to subtract the FAA from the loop is to run your next medical to expiration, let it lapse and don't take another FAA exam. Then you can legally qualify for LSA (unless you get some obviously disqualifying condition).

Chew on this a while, but keep in mind that I HAVE been wrong about stuff before...

Ok, thanks guys. That gives me some angles to work....

lc

Speaking of medicals, I was talking with some guy today who says he's gonna get into flying but is waiting for his medical. I asked if it was some sort of special issuance or something, "no, it just takes several weeks to get your medical certificate". Sounded like bullshit to me-- I just got a new one (3rd class) a month or so ago and as usual the doc printed it out and handed it to me as I slipped him a wad of green.

The AME I had before this one it was typically a 4-6 week wait for an appointment......
So I switched AMEs.....

lc

I dunno about you - but I'd wait for the "right" AME. Like your spouse, hopefully this is going to be a long term relationship - and you want a good one. But then again, you also want one that is emotionally available.

I've been using the same AME for 17 years, and he's also my regular doc. Except for the period of time when my Class II ran out soon after I was diagnosed with prostate cancer, so that I had to get a Special Issuance, he has kept me flying and really knows his stuff. I really like having a steady doctor/patient relationship with the same doc, considering all of the medical issues I've had over the last dozen years or so.

Cary

Update:
I called AOPA medical department with this question, and he (Gary-head of the department) said I CAN currently fly light sport qualified aircraft without a current medical, since I have NOT been "denied" a medical due to a disqualifying condition.

Very good news to me, since the FAA medical machine evidently grinds even slower than usual this time of year.

Now JC is weather and wife dependent.
Weather forecast is looking pretty good....
The domestic front is not looking particularly favorable....

lc

Littlecub wrote:Update:
I called AOPA medical department with this question, and he (Gary-head of the department) said I CAN currently fly light sport qualified aircraft without a current medical, since I have NOT been "denied" a medical due to a disqualifying condition.

Very good news to me, since the FAA medical machine evidently grinds even slower than usual this time of year.

Now JC is weather and wife dependent.
Weather forecast is looking pretty good....
The domestic front is not looking particularly favorable....

lc

At the risk of stating the obvious, you also have to fly under the limits of the sport license as well.
Day light, VFR, 10,000 ft msl ( or 2000 AGL which ever is greater) 5 mile visibility. 1000,500,2000 distance from clouds.
Must have visual reference to the ground at all times. No special VFR.
Just saying.