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3rd Class Medical Reform in January 2015? ...crumbling of the proverbial Berlin Wall, FAA style

In my mind, in addition to the reasons we all have to remove the 3rd class, the LSA manufacturers should be pleased since their market would be opened up to an expanded customer base. Perhaps they would then not be restricted to a lower gross weight than that which some customers desire? Their fertile minds should be thinking "How can I make this opportunity more productive?". If they are not thinking in a possitive direction, they will not survive anyway.
 
Thanks Randy. This odd world of the blogasphere operates under its own set of rules. Once someone states a supposition as a fact...it becomes a fact. Verbiage means everything. It would be easy to assume there are LSA Industry folks opposed to the 3rd class change, and there may well be some who "aren't supportive", but I'm not aware of any who are "lobbying hard against the legislation", and I don't believe (guilty of supposition here myself), the greater LSA industry would tolerate that behavior.

Peace my brother.... and thanks so much for your considerable contributions to this community. We are all helped by your work, amazing enthusiasm, and we all need to follow your leads when it comes to these issues. Highest regards, Ralph
 
My opinion is removing the 3rd class medical will bring more people out to fly and buy airplanes of all types. I'm skeptical of washington doing anything but I continue to write my representatives.
 
If I were to write my Congressman and Senators, what would I need to ask them to do? Can anyone post the bills I need them to support?
 
Clayton,

Please do!!

It's H.R. 3708, the General Aviation Pilot Protection Act.

There are a number of posts here regarding the bill that will give you a background to reference.
 
Medical reform legislation introduced in House and Senate
A group of powerful senators and congressmen have introduced new legislation in both houses of Congress that would allow thousands of pilots to fly without going through the costly and time-consuming third class medical process and would offer new protections for GA pilots.

For some reason the AOPA site won't respond to get the entire story...maybe later or someone else can retrieve details.
 
Got it...

The Pilot’s Bill of Rights 2 would allow pilots flying recreationally in a wide range of aircraft to no longer obtain a third class medical certificate. The new bill would allow private pilots to make noncommercial VFR and IFR flights in aircraft weighing up to 6,000 pounds with up to six seats.

A group of powerful senators and representatives has introduced new legislation in both houses of Congress that would allow thousands of pilots to fly without going through the costly and time-consuming third class medical process and would offer new protections for general aviation pilots.
Under the Pilot’s Bill of Rights 2, pilots flying recreationally in a wide range of aircraft would no longer need to obtain a third class medical certificate. The new bill would allow private pilots to make noncommercial VFR and IFR flights in aircraft weighing up to 6,000 pounds with up to six seats. Pilots also would be allowed to carry up to five passengers, fly at altitudes below 14,000 feet msl, and fly no faster than 250 knots. Pilot’s Bill of Rights 2 also includes a provision to ensure that pilots can fly under the new rules even if the FAA fails to comply with the bill’s provisions 180 days after enactment.
“The introduction of the Pilot’s Bill of Rights 2 is great news for the general aviation community and we are grateful to Sens. Jim Inhofe and Joe Manchin, and Reps. Sam Graves and Dan Lipinski, and all their bipartisan colleagues for putting forward this legislation that would do so much to help grow and support GA activity,” said AOPA President Mark Baker. “Pilots have already waited too long for medical reform, so we’re particularly pleased to see it included in this important measure. Third class medical reform is our top legislative priority, and we will actively work with Congress to build support for this legislation that is so vital to the future of general aviation.”





In addition to third class medical reform, the Pilot's Bill of Rights 2, which was introduced in the House (H.R. 1062) and the Senate (S.571) late on Feb. 25, would protect GA pilots from liability on charitable flights, extend legal protections to FAA representatives, and require FAA contractors to provide information under Freedom of Information Act requests.
"Pilot's Bill of Rights being signed into law in 2012 was a major victory for the aviation community, but I promised we would not stop there,” said Inhofe. “Today, I am taking the next step in keeping that promise by introducing the Pilot's Bill of Rights 2, which expands upon necessary reforms and continues to cut red tape hampering the general aviation community. Among many things, the legislation most importantly expands the FAA's existing third-class medical exemption for light sport aircraft to cover most recreational airmen. This will protect the rights of thousands of qualified airmen who would otherwise be grounded due to excessive medical regulation technicalities; this reform is of great need. It is an honor to have the strong bipartisan support of my colleagues in Congress and of those in the general aviation community, and I am committed to shepherding this legislation through the 114th Congress.”
In addition to Inhofe, the Senate legislation was introduced by Sens. Manchin, John Boozman (R-Ark.), Steve Daines (R-Mont.), Bob Casey (D-Pa.), Jeanne Shaheen (D-N.H.), Angus King (I-Maine), John Barrasso (R-Wyo.), Heidi Heitkamp (D-N.D.), Jerry Moran (R-Kan.), Pat Roberts (R-Kan.), Jon Tester (D-Mont.), and Roger Wicker (R-Miss.). Both Inhofe and Manchin are AOPA members and Senate GA Caucus members, while Boozman serves as the Senate GA Caucus co-chair. Heitkamp, Moran, Roberts, Shaheen, Tester, and Wicker are also Senate GA Caucus members.
The legislation in the House was introduced by Reps. Graves, Lipinski, Todd Rokita (R-Ind.), and Collin Peterson (D-Minn.). Graves, Rokita, and Peterson are all AOPA members and House GA Caucus members, while Lipinski is a GA Caucus member who has been a stalwart GA supporter.
“As a pilot, I know how important the original Pilot’s Bill of Rights, as signed into law in 2012, has been in establishing needed protections for pilots when dealing with FAA enforcement proceedings,” said Graves. “This new bill improves upon those protections and expands the rights afforded to pilots and other certificate holders,” he continued. “I fully expect this bill to receive the same strong, bipartisan support in Congress and across the general aviation community.”
The language in the Pilot's Bill of Rights 2 regarding third class medical reform is identical to that in a new General Aviation Pilot Protection Act bill also introduced on Feb. 25 in the House (H.R. 1086) and Senate (S.573). Reps. Rokita, Graves, Steve Pearce (R-N.M.), Peterson, Lipinski, Bill Flores (R-Texas), Mike Pompeo (R-Kan.), and Richard Hanna (R-N.Y.) introduced the House measure. Like Graves and Rokita, Pearce, Flores, and Hanna are AOPA members.
In the Senate, the new General Aviation Pilot Protection Act legislation was introduced by Sens. Boozman, Kelly Ayotte (R-N.H.), who chairs the Senate Aviation Subcommittee, Joe Donnelly (D-Ind.), Inhofe, Moran, and Roberts.
Rokita and Boozman led the way on third class medical reform when they introduced similar legislation in the previous Congress. That earlier General Aviation Pilot Protection Act gained more than 180 bipartisan cosponsors in the House and Senate before it expired at the end of the congressional session.
“It’s clear that third class medical reform has widespread bipartisan support in Congress as well as in the general aviation community,” said Baker. “We appreciate the steadfast way in which Rep. Rokita and Sen. Boozman and their colleagues are pursuing this issue on behalf of GA pilots.”
In addition to medical reform, Pilot's Bill of Rights 2 includes provisions to improve the notice to airman (notam) program by establishing a rating system to prioritize notams, including TFRs, and creating a repository to maintain the information in a way that makes it accessible to the public. That system would be considered the sole source location for pilots to check for notams. The legislation also would protect pilots from enforcement action if a notam is not included in the repository and prohibit enforcement of notam violations if the FAA hasn’t finished the system within six months of the Pilot's Bill of Rights 2 being enacted while providing an exception for national security.
To help pilots facing enforcement actions, Pilot's Bill of Rights 2 would ensure that data collected by contract towers and other outsourced FAA programs is subject to the same Freedom of Information Act requirements as data from the FAA itself. The exception would be aviation safety action reports, which are designed to prevent accidents by encouraging voluntary reporting of safety concerns by employees of FAA contractors.
The measure also includes liability protections for representatives of the FAA working on behalf of the agency such as aviation medical examiners as well as nonprofit volunteer pilot organizations and volunteer pilots who fly for public benefit. The bill also would protect pilot certificates by preventing the FAA from requiring a re-examination of a covered certificate holder without clear evidence of wrongdoing or unsafe behavior.
AOPA was joined by other GA organizations in immediately sending letters of support for Pilot's Bill of Rights 2 to the lawmakers who introduced the legislation in the Senate and the House. The letters emphasized the importance of the legislation to the GA industry and thanked the legislators for leading the way on important reforms.
“The bill and its provisions will help ensure the future sustainability of our industry and its valuable contributions to the nation’s economy and transportation system,” the letters said.
In addition to AOPA’s Baker, the letters were signed by the leaders of the Experimental Aircraft Association, Flying Physicians Association, General Aviation Manufacturers Association, Helicopter Association International, National Agricultural Aviation Association, National Air Transportation Association, and National Business Aviation Association.
 
Excellent news. This is only way to get the job done IMO. And it is great to see both R's and D's co-sponsoring it.

If this bill passes it will do much more for pilots than just change the Third Class medical too. A win-win.
 
My wife owns an Ercoupe and this news has the folks over at the Ercoupe forum really excited. We aren't alone in pushing for this.
 
Ditto. Anyone understand what the rest of the process looks like. Time expected in subcommittees? Number of subcommittees? Likely dates of votes in house and senate?
If Senator Inhofe is at the airport this weekend, I'll ask what he expects...
 
I expect this to be the club used to get the DOT/FAA off their dead butts to move forward with their still "secret" reforms to the class III medicals. I'd be shocked if the bill actually sees the light of day, but I'd love to see it happen.

-Cub Builder
 
I expect this to be the club used to get the DOT/FAA off their dead butts to move forward with their still "secret" reforms to the class III medicals. I'd be shocked if the bill actually sees the light of day, but I'd love to see it happen.

-Cub Builder
If you want it done, contact your delegation this one's got steam and it's our absolute best chance.
 
If you want it done, contact your delegation this one's got steam and it's our absolute best chance.

Done, although based on last years less than luke warm replies from the NM Congress Weasels on the same subject, I won't hold my breath.

For anyone else wanting to contact your representatives, the EAA has a form letter you can go in and taylor to suit yourself that will target your representatives by just entering your zip code. http://govt.eaa.org/17422/support-pilots-bill-rights-2/

-Cub Builder
 
Done, although based on last years less than luke warm replies from the NM Congress Weasels on the same subject, I won't hold my breath.

For anyone else wanting to contact your representatives, the EAA has a form letter you can go in and taylor to suit yourself that will target your representatives by just entering your zip code. http://govt.eaa.org/17422/support-pilots-bill-rights-2/

-Cub Builder
I believe the difference this time stems from several positive fronts. Look at the approach with multiple bills, filings in both House and Senate, different Senate leadership, and from a political stance (IMO) it surely can't hurt that the principal Senate Author is Chair of Senate EPW (Environment and Public Works, which is absolutely one of the most powerful committees in the Senate).

CB, Thanks for the link that's perfect. For all, pass the word to please contact your delegation and keep doing so, go to a town hall meeting and directly ask if they support the PBR-2 and if not ask why? it will make a difference in the final push.

Thanks,


Kirby
 
More details from AOPA:

Support continues to grow for the Pilot’s Bill of Rights 2, which would reform the third class medical process and provide a wide range of protections for pilots. As of March 19, AOPA members had sent 32,434 letters asking their members of Congress to co-sponsor the Pilot’s Bill of Rights 2, and 16 senators and 30 members of the House had signed on as co-sponsors.
While the provisions of the Pilot’s Bill of Rights 2 that deal with third class medical reform have received the most attention in the general aviation community, the legislation also includes numerous other protections for pilots, particularly those involved in FAA investigations or enforcement actions.

One portion of the legislation expands on the original Pilot’s Bill of Rights that was signed into law in 2012, extending the protections contained in the original bill to all FAA certificate holders.

The new legislation also clarifies that pilots who are facing an FAA enforcement or certificate action can choose to appeal directly either to a U.S. district court or to the National Transportation Safety Board for a trial or a full hearing. While retaining the ability for the matter to be heard by NTSB administrative law judges, this gives pilots the opportunity to have their case heard, instead, in a court of law by a neutral third party and holds the FAA to a strict standard of proof.

To ensure that certificate holders are given a fair chance to respond to a notification of an FAA investigation, the Pilot's Bill of Rights 2 would require the FAA to provide a specific description of the incident being investigated, making it easier for the certificate holder to understand the nature of the issues under consideration and respond appropriately.

Of course, a certificate holder can only respond to the FAA’s concerns if he or she knows what they are. Under the Pilot's Bill of Rights 2, if the FAA fails to provide timely notification that it is initiating an investigation, the agency cannot move forward with any administrative or enforcement action or retain any records related to the case.

To prevent placing undue burdens on certificate holders and to guard against an investigation from being used as a platform to freely intrude into unrelated areas, the Pilot's Bill of Rights 2 would only allow the FAA to demand documents from the certificate holder that relate to the issues identified in its notification of investigation.

The FAA also would be prohibited from publicizing any pending enforcement actions. If no enforcement action is taken, the Pilot's Bill of Rights 2 would prohibit the FAA from retaining investigative records for more than 90 days.
If the FAA does take an enforcement action or issue an emergency order, it would be required to provide the certificate holder with a copy of the releasable portion of the Enforcement Investigative Report (EIR).

To improve the efficiency of the FAA enforcement process and help assure greater fairness for pilots, the Pilot's Bill of Rights 2 also would give FAA lawyers more flexibility to resolve cases administratively through actions such as warning letters or letters of correction.
The Pilot's Bill of Rights 2 takes further steps to protect certificate holders by prohibiting the FAA from requiring pilots to submit to re-examination of their pilot certificate unless there is clear evidence of unsafe behavior on the part of the pilot or the pilot has obtained his or her certificate through fraudulent means. If the FAA does require re-examination of a pilot, the agency would be required to first give the airman a detailed explanation of the reason, and if the FAA takes action against the airman’s certificate as a result of the re-examination, the airman would, in turn, have the right to appeal.

The Pilot's Bill of Rights 2 also includes provisions to expedite improvements to the notam system. Under the legislation, notams must be maintained in a public repository that is Internet accessible, machine readable, and searchable. Temporary flight restrictions (TFRs) also will have to be included in the repository. Additionally, the FAA must establish a rating system that prioritizes the notam according to timeliness and importance. If the FAA doesn’t meet the legislation’s timeline for making the updates or if a notam is not included in the repository, the FAA won’t be allowed to take enforcement actions based on a notam violation.

To ensure that pilots have access to critical records pertaining to an investigation or enforcement action, the Pilot's Bill of Rights 2 would make the flight data records maintained by contract towers, flight service stations, and other FAA contractors subject to the Freedom of Information Act.

To protect aviation medical and pilot examiners, airworthiness representatives, and other FAA designees, the Pilot's Bill of Rights 2 would protect against any civil liability for those designees who are acting with reasonable care in the performance of their FAA designated duties.

Pilots who fly for public benefit by providing volunteer services in an emergency or who fly for humanitarian or charitable purposes for nonprofit organizations also would receive protection from civil liability.
 
Response from one of my Senators:

Dear Joe:

Thank you for contacting me about changes to medical certification requirements for general aviation pilots. I appreciate hearing from you and welcome the opportunity to respond.

The Pilot’s Bill of Rights 2, S. 571, was introduced by Senator James Inhofe (R - Oklahoma) on February 25, 2015. This bipartisan legislation would build upon the Pilot’s Bill of Rights passed in 2012. Among other provisions, the bill would amend The Pilot’s Bill of Rights to extend medical certification exemptions to recreational and private pilots, eliminating costly medical examinations currently required by the Federal Aviation Administration (FAA). The legislation would also facilitate certificate appeals and greater due process protections to individuals facing enforcement actions under the FAA. S. 571 has been referred to the Senate Committee on Commerce, Science, and Transportation for further consideration.

I joined a bipartisan group of my colleagues in co-sponsoring S. 1335, the Pilot’s Bill of Rights, signed into law on August 3, 2012. I am encouraged by the continued success of this law in securing appropriate protections to private aviation under FAA enforcement and look forward to consideration of S. 571.

Like you, I recognize the vital service the aviation sector plays in the lives of Idahoans and others from rural states. Aviation is key to enhancing the accessibility of many communities in Idaho, especially during emergencies and natural disasters. Thousands of Americans are employed in the field as small business owners, part manufacturers, pilots, recreational guides, technicians, and in many other direct and indirect jobs.

As an advocate for their unique needs, I am a member of the Senate General Aviation Caucus. The Caucus provides a mechanism to help educate Members of Congress and the public about the policies and practices that most affect the industry. Moreover, it serves as a forum to discuss the best ways to address the needs of the general aviation sector.

Please rest assured that I will continue to make decisions to reflect the interests of general aviators as well as the safety of Idahoans and the American people.

Again, thank you for contacting me. Please feel free to contact me in the future on this or other matters of interest to you.


Sincerely,

Mike Crapo
United States Senator
 
Response from one of my Senators:

Dear Joe:

Thank you for contacting me about changes to medical certification requirements for general aviation pilots. I appreciate hearing from you and welcome the opportunity to respond.

The Pilot’s Bill of Rights 2, S. 571, was introduced by Senator James Inhofe (R - Oklahoma) on February 25, 2015. This bipartisan legislation would build upon the Pilot’s Bill of Rights passed in 2012. Among other provisions, the bill would amend The Pilot’s Bill of Rights to extend medical certification exemptions to recreational and private pilots, eliminating costly medical examinations currently required by the Federal Aviation Administration (FAA). The legislation would also facilitate certificate appeals and greater due process protections to individuals facing enforcement actions under the FAA. S. 571 has been referred to the Senate Committee on Commerce, Science, and Transportation for further consideration.

I joined a bipartisan group of my colleagues in co-sponsoring S. 1335, the Pilot’s Bill of Rights, signed into law on August 3, 2012. I am encouraged by the continued success of this law in securing appropriate protections to private aviation under FAA enforcement and look forward to consideration of S. 571.

Like you, I recognize the vital service the aviation sector plays in the lives of Idahoans and others from rural states. Aviation is key to enhancing the accessibility of many communities in Idaho, especially during emergencies and natural disasters. Thousands of Americans are employed in the field as small business owners, part manufacturers, pilots, recreational guides, technicians, and in many other direct and indirect jobs.

As an advocate for their unique needs, I am a member of the Senate General Aviation Caucus. The Caucus provides a mechanism to help educate Members of Congress and the public about the policies and practices that most affect the industry. Moreover, it serves as a forum to discuss the best ways to address the needs of the general aviation sector.

Please rest assured that I will continue to make decisions to reflect the interests of general aviators as well as the safety of Idahoans and the American people.

Again, thank you for contacting me. Please feel free to contact me in the future on this or other matters of interest to you.


Sincerely,

Mike Crapo
United States Senator

I got the exact same reply letter today too. Shows that congress uses form letters as well. I guess it's only fair since I sent him an EAA form letter asking for support of S. 571.
 
I have meetings is DC on Tuesday of next week with Senator Inhofe and the rest of the Oklahoma Delligation and will post an update of the PBR2 Status afterwards.
 
I've gotten the same letters from NH & Maine senators. None of them confirm support of new bill, but only acknowledge they would "consider" the new bill.....typical bs response.
Is it a requirement that your spine be remove when elected to office???
 
In a word, yes. Several years ago we had one of our hundreds of BS pieces of gun legislation going up for a vote. I called my assemblyman's office the day before the vote to voice my opinion and see where he stood on the issue.After being reassured that Mr. Herger was opposed to the new measure, 24 hours later he voted for it. Gutless bastards all.
 
I fared slightly better as Lisa is a cosponsor. Surprisingly, Don Young never replied nor did Mr. Sullivan.

Thank you for contacting me about S. 571, the Pilot's Bill of Rights 2. I appreciate hearing from you and having the opportunity to respond.

I have proudly cosponsored S. 571, introduced by Senator Inhofe on February 25, 2015. S. 571 would expand the medical exemption for third class pilot licenses from the sport-pilot category to include planes under 6,000 pounds and six or fewer passengers (including the pilot). The new medical requirements would align with those associated with state driver's licenses. S. 571 has been referred to the Senate Committee on Commerce, Science, and Transportation.

Should this legislation come before the full Senate, I will keep your comments in mind. Again, thank you for contacting me.
United States Senator
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http://murkowski.senate.gov*

The only real option is to ride them like a new pony. Relentlessly.
 
Yea, freshies will accomplish everything desired that is once they find ourwhere the rest room is (which is actually not all that easy in the house and senate office buidings)...
 
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Our new Senator (Mike Rounds) signed on as a sponsor of the bill last week. I wrote all our legislators and ask for them to sponsor but he is the one that stepped up to the plate. I liked Mike as our governor, (no BS guy) and now three months in office he is starting to make his presence felt.
 
Yes, I attended a small luncheon presentation with Senator Inhofe and had a brief minute to mention it with him and later his staff tracked me down I discussed the status and what they needed with both his Chief of Staff and the specific staff running the bill (both of whom I know and are great guys). Right now the push is for additional support (they reported 22 co-sponsors) which they are happy with but while they wait on a hearing to be scheduled before the proper Committee they are looking for more sponsors which is where we can help. Schedule wise they are looking for a hearing this session and for news before OSH. I came away very positive and I requested an update of the co-sponsors so that we know where to push and where to send thanks...

Kirby
 
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Thanks Kirby and please keep us apprised of status and where we can assist....I'm not getting any younger.
 
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