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Basic Med for DPE's

Richgj3

Richgj3

BENEFACTOR
LI,NY
FAR 61. Whatever says a DPE must hold at least a third class. On the FAA web site in the Basic Med FAQ section there is a statement to that effect. So a friend who wished to go Basic Med and continue being a DPE filed a petition for relief from that requirement stating that it was probably an oversight and it makes sense that as long as the DPE was in an airplane covered by the Basic Med rule, the DPE should be good to go.

He he got a letter back saying there would be no action on his petition because he did not require any relief because certainly, a DPE could operate under Basic Med. I have a copy of that letter but not sure I can attach it but if somebody wants it in email, pm me.

My friend just wrote to Flight Standards showing them the letter he got from "the other FAA" asking them to correct their position.

Stay tuned
 
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I can email these letters but I can't seem to find a way to post them here or in pm. If you want them or know how to post them here, email me at richgj3 (at) AOL (dot) com. That way I can get them to you directly.

Rich
 
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IMHO it's a good idea to have & keep this documentation if you're in that situation.
So in case there's trouble later for "violating the FAR's", you can prove that you were told it was OK by the powers that be.
 
hotrod180 said:
IMHO it's a good idea to have & keep this documentation if you're in that situation.
So in case there's trouble later for "violating the FAR's", you can prove that you were told it was OK by the powers that be.
Click to expand...

There is still a chance that the Flight Standards guys can over rule the first guy, but I think it's unlikely. Wouldn't you like to be a fly on the wall when they discuss this? :)
 
hotrod180 said:
IMHO it's a good idea to have & keep this documentation if you're in that situation.
So in case there's trouble later for "violating the FAR's", you can prove that you were told it was OK by the powers that be.
Click to expand...

Don't try that with the IRS or any other Fed.
 
Richgj3 said:
..He he got a letter back saying there would be no action on his petition because he did not require any relief because certainly, a DPE could operate under Basic Med.
Click to expand...
This makes sense, since the only reason the DPE needs a medical is that until he issues the applicant his new certificate there would not be a legal pilot in the airplane. I agree that Basic Med should be all that is required for a DPE for the same reasons as a CFI.
 
Richgj3 said:
There is still a chance that the Flight Standards guys can over rule the first guy, but I think it's unlikely. Wouldn't you like to be a fly on the wall when they discuss this? :)
Click to expand...

Depends on who signed the letter. If it was from FAA Legal, it's good as gold, and Flight Standards isn't going to over rule that.

MTV
 
mvivion said:
Depends on who signed the letter. If it was from FAA Legal, it's good as gold, and Flight Standards isn't going to over rule that.

MTV
Click to expand...

This is the guy who signed the first letter. Not sure if it's part of legal.

James M. Crotty
Manager, Aircraft and Airport Rules DivisionOffice of Rulemaking


 
Folks, quick training moment:

Anything you can see on your computer screen can be captured and uploaded to supercub.org. If you have Windows 10 (and maybe 7) you can use the Snipping tool which is an awesome little screen cut and paste that will let you take a "picture" or a portion of your screen, save the file and upload it. On a mac you can hit shift-command-4 and drag the crosshairs, it will save a little file to your desktop with a .png extension. Either of these can then be uploaded.

Now having said all of that, there are SOME things you can see on your computer screen that I would prefer you not capture and upload :)

sj
 
Ok, I have a screen shot of what I want and I have the SuperCub.Org app on my iPad.

How do I get that screen shot into the app?
 
Let's try this.
4091f6b131f720a021d13927dae0b4d5.jpg



Sent from my iPad using SuperCub.Org mobile app
 
So, the other shoe has dropped

The above letter has been withdrawn and Mr. Ross has been told to expect a "clarification letter". His FSDO manager has been told by Flight Standards to tell Mr. Ross to "back off".

Rich
 
Eddie Foy said:
Don't try that with the IRS or any other Fed.
Click to expand...
Eddie, I work with various Federal Agencies almost daily and TOTALLY DISAGREE. When dealing with ambiguity, in the lack of a written clarification, documentation is your best friend and while it may not relieve you from a violation it sure mitigates any potential associated penalty if you proceed with wrong direction.
 
Kirby,

It is a fact that you cannot stand behind advice given by the IRS on the phone. I have been there. Even if you are told the same thing multiple times. If it turns out to be wrong you are screwed.

They are the only time I am aware of where you are declared guilty and must then prove your innocence.

I dealt with a lot of Feds at AA. For the most part, they were friendly but were not your friend. They would throw you under the bus in a heart beat.

"It is unfortunately all too common for government manuals, handbooks, and in-house publications to contain statements that were not meant or are not wholly reliable. If they go counter to governing statutes and regulations of the highest or higher dignity, e.g. regulations published in the Federal Register, they do not bind the government, and persons relying on them do so at their peril."

IMHO
YMMV
 
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Eddie Foy said:
..It is a fact that you cannot stand behind advice given by the IRS on the phone. I have been there. Even if you are told the same thing multiple times. If it turns out to be wrong you are screwed.
Click to expand...
Also when you ask them a question face to face in their office. When you follow their face to face advise, you then get called in for an audit where they will deny that they said what they said. Everything MUST be in writing.
 
Pete,
That won't save you. Even if it is in writing, if it is wrong, you are screwed. Many judicial pecedents.
 
hotrod180 said:
IMHO it's a good idea to have & keep this documentation if you're in that situation.
So in case there's trouble later for "violating the FAR's", you can prove that you were told it was OK by the powers that be.
Click to expand...

At least you can show that you acted in good faith by asking, then going by what you were told.
Maybe you'll still be in hot water, but they oughta at least give you some points for trying to do the right thing.
 
hotrod180 said:
At least you can show that you acted in good faith by asking, then going by what you were told.
Maybe you'll still be in hot water, but they oughta at least give you some points for trying to do the right thing.
Click to expand...
That's my point exactly, I have on several occasions used proper documentation of what turned out to be a wrong direction to mitigate/eliminate fines associated with such, and by proper documentation I mean "confirming our conversation..." in writing back to the individual that gave the direction.
 
Eddie Foy said:
Kirby,

It is a fact that you cannot stand behind advice given by the IRS on the phone. I have been there. Even if you are told the same thing multiple times. If it turns out to be wrong you are screwed.

They are the only time I am aware of where you are declared guilty and must then prove your innocence.

I dealt with a lot of Feds at AA. For the most part, they were friendly but were not your friend. They would throw you under the bus in a heart beat.

"It is unfortunately all too common for government manuals, handbooks, and in-house publications to contain statements that were not meant or are not wholly reliable. If they go counter to governing statutes and regulations of the highest or higher dignity, e.g. regulations published in the Federal Register, they do not bind the government, and persons relying on them do so at their peril."

IMHO
YMMV
Click to expand...
Eddie, its obvious they're just out to get you.
 
I figured there was at best a 50/50 chance this would stand. There are a few within the FAA, IMHO, who are less than pleased that this legislation was forced upon them and they act accordingly.

Please don't take this as FAA bashing. It's just human nature. I have several good friends in the local FAA office who are straight shooters and not bureaucrats,who might relate the existence of that attitude in their co-workers in private conversations. The term we used at work is "malicious compliance".

Rich
 
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