NOTICE

U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

N 8900.420

 

National Policy

Effective Date: 5/3/17

 

 

Cancellation Date: 5/3/18

 

SUBJ:

Demonstrating Eligibility to Operate Under BasicMed

1.    Purpose of This Notice. This notice provides guidance to aviation safety inspectors (ASI) for determining whether an airman is eligible to operate under BasicMed, in lieu of holding a valid medical certificate.

2.    Audience. The primary audience for this notice includes all ASIs with oversight responsibilities for pilots that are authorized to operate under BasicMed and/or that have oversight of a designee authorized to conduct pilot certifications. The secondary audience includes the policy divisions in the Flight Standards Service (AFS), regional Flight Standards divisions (RFSD), and Flight Standards District Offices (FSDO).

3.    Where You Can Find This Notice. You can find this notice on the MyFAA employee website at https://employees.faa.gov/tools_resources/orders_notices. ASIs can access this notice through the Flight Standards Information Management System (FSIMS) at http://fsims.avs.faa.gov. Operators can find this notice on the Federal Aviation Administration’s (FAA) website at http://fsims.faa.gov. This notice is available to the public at http://www.faa.gov/regulations_policies/orders_notices.

4.    Applicability. This notice applies to pilots in command (PIC) operating under the provisions of Title 14 of the Code of Federal Regulations (14 CFR) part 61, 61.113.

5.    Background. Section 2307 of the FAA Extension, Safety, and Security Act of 2016 (Public Law (PL) 114‑190) (FESSA) directed the FAA to “issue or revise regulations to ensure that an individual may operate as pilot in command of a covered aircraft” without having to undergo the medical certification process under 14 CFR part 67 if the pilot and aircraft meet certain prescribed conditions as outlined in the FESSA. The FAA implemented this requirement by amending 14 CFR parts 61 and 91 and creating a new 14 CFR part 68, which will become effective on May 1, 2017. The new requirements are referred to as BasicMed. BasicMed requires that the airman possess a Comprehensive Medical Examination Checklist (CMEC) that was signed by a State‑licensed physician within the previous 48 months. It also requires that the airman possess a certificate of completion from an authorized BasicMed medical education course described in paragraph 6a(2) that was issued within the previous 24 calendar-months. ASIs should review parts 61 and 68 and Advisory Circular (AC) 68‑1, BasicMed, to be fully acquainted with the BasicMed requirements.

6.    Action.

a.    ASI Actions. To operate under BasicMed, an airman must meet the requirements of 61.23(c)(3) and 61.113(i). While there are no new ASI oversight or compliance actions to be directed at pilots operating under BasicMed, the following paragraphs identify the documents necessary to establish BasicMed eligibility during a ramp check, practical test, or incident/accident investigation.

(1)    Documents Not Required to be Retained by the Airman. In accordance with 61.23(c)(3)(i)(B), an airman operating under BasicMed must hold or have held a valid medical certificate issued under part 67 at any point after July 14, 2006. This medical certificate may have been a first, second, or third-class medical certificate, including any FAA medical certificate issued under an authorization for special issuance (special issuance medical certificate). The most recently issued medical certificate may have been a special issuance medical certificate and could be expired. However, it may not have been suspended or revoked; or, in the case of a special issuance medical certificate, it may not have been withdrawn. Airmen operating under BasicMed do not need to maintain or provide documentation of a medical certificate or special issuance letter to demonstrate compliance with this medical certificate requirement.
(2)    Documents Required to be Retained by the Airman. In accordance with 61.113(i)(3)(ii) and part 68,  68.3(b)(1), an airman must retain in his or her logbook a certificate of completion from an authorized BasicMed medical education course. The airman is required under 61.113(i)(3)(i) to retain, in his or her logbook, the CMEC required under 68.7. These documents may be stored in a physical paper logbook, or electronically in any format, as long as the airman can produce an accurate and legible representation of these documents at the request of the FAA. Neither of these documents needs to be in the pilot’s personal possession in any form when operating under BasicMed.
(3)    Documents Required to be Possessed by the Airman when Operating Under BasicMed.
(a)    In accordance with 61.23(c)(3) and 61.113(i), pilots operating under BasicMed must hold a current and valid U.S. driver’s license and comply with all medical requirements or restrictions associated with that license. Each State determines what, if any, medical requirements or restrictions are necessary and associated with each driver’s license issued. Because the purpose of the driver’s license requirement is to establish, in part, the pilot’s medical eligibility, an official document that establishes identity, such as a passport, may not be used in lieu of a driver’s license as required in 61.23(c)(3) to operate under BasicMed. Furthermore, an international driver’s license or any driver’s license issued by a country or territory other than the United States does not meet this requirement.
(b)    Individuals whose driver’s license has been revoked, suspended, or rescinded for any reason are not eligible to operate under BasicMed, unless and until the driver’s license is fully reinstated. Any restrictions on a driver’s license (e.g., corrective lenses, prosthetic aids required, daylight driving only, etc.) also apply under BasicMed. Similar to the pilot certificate, when using a driver’s license in lieu of a medical certificate, the driver’s license needs to be in the pilot’s personal possession, or readily accessible when they are operating under BasicMed.
(4)    Conducting Ramp Inspections or Surveillance of a Flight Instructor. Consistent with FAA Order 8900.1, Volume 6, Chapter 1, Sections 4 and 5, the ASI must inspect the airman’s certificates to determine appropriate ratings and limitations for the type of operations they are conducting. Airman operating under BasicMed may not hold a valid medical certificate but instead must provide for inspection a valid U.S. driver’s license as described in paragraph 6a(3). Because the airman may not have his or her logbook which contains the documentation required to comply with BasicMed readily available, the ASI may ask the airman to describe how he or she is eligible to act as PIC under BasicMed. If an airman does not understand the BasicMed eligibility requirements, or if the ASI has reason to doubt that the airman is compliant with the BasicMed requirements, the ASI may ask the airman to produce, within a reasonable length of time, their pilot logbook and certification of completion of an authorized BasicMed medical education course described in paragraph 6a(2). In this situation, the ASI must not require the airman to produce the CMEC.
(5)    Conducting a Practical Test for a Certificate or Rating.
(a)    In accordance with 61.23(a)(3)(iii), applicants for a practical test are permitted to operate under BasicMed in lieu of possessing a valid third-class medical certificate if a medical certificate is otherwise required. Consistent with FAA Order 8900.1, Volume 5, Chapter 2, Sections 7, 8, 9, and 11, the ASI and/or Designated Pilot Examiner (DPE) must inspect the airman’s certificates to determine eligibility for the practical test. Airman operating under BasicMed in lieu of possessing a valid third-class medical certificate must provide for inspection a valid U.S. driver’s license as described in paragraph 6a(3), as well as a certificate of completion from an authorized BasicMed medical education course described in paragraph 6a(2).
(b)    For the purposes of conducting a practical test, the ASI and/or DPE may not ask the applicant to provide for inspection the CMEC described in paragraph 6a(2), even though the CMEC itself is readily available in the pilot’s logbook. While the applicant is required to retain this document, the applicant is not required to provide this document to determine eligibility for the practical test due to the private medical information contained therein. If the CMEC is offered to the ASI or DPE by the applicant, the ASI or DPE may not review the document. The ASI or DPE may however ask the airman to describe how he or she is eligible to act as PIC under BasicMed.
(6)    Incident and Accident Investigation. ASIs investigating incidents, accidents, and occurrences involving pilots operating under BasicMed may require that the pilot establish their eligibility to operate under BasicMed by producing certification of completion of an authorized BasicMed medical education course described in paragraph 6a(2). If, during an investigation or ramp inspection, the ASI questions the validity, authenticity, or existence of the CMEC, or suspects that the airman does not hold a CMEC that was issued in the previous 48 months, the ASI may ask the airman to produce the entire CMEC. When requesting an entire CMEC, the pilot must take reasonable steps to ensure the medical information on the CMEC is protected.

b.    Additional Distribution to Designees. This notice should be distributed immediately to all designees who perform these functions on behalf of local FAA field offices.

7.    Disposition. This information will be incorporated into FAA Order 8900.1 before this notice expires. Direct questions concerning the information in this notice to the General Aviation and Commercial Division (AFS‑800) at (202) 267-1100.

ORIGINAL SIGNED by

/s/ John Barbagallo

Deputy Director, Flight Standards Service