Old 01-23-2024 | 04:19 PM
  #12  
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CX500T
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From: NYC 7ERA
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Originally Posted by JohnBurke
The original poster doesn't wear glasses. It's not a matter of faking it until he makes it. He has been issued a legal certifiate with incorrect legal language on the certificate.

Let's get real. If one is issued a requirement for corrective lenses when one has no vision problem, and does not wear glasses, then one cannot band-aid it by wearing glasses. It needs to be fixed.

If the medical certificate came back with a provision that the original poster was required to wear an artificial leg when operating aircraft, and the original poster had both legs, should he cut one off in order to comply with the legally incorrect statement on the certificate? Obviously not, any more than he should don glasses when he doesn't wear them.

The medical certificate, as returned to the original poster, is not valid, given the incorrect language on the certificate. That needs to be fixed.

The language on the certificate does not suggest that the original poster could, or should, or might consider wearing corrective lenses if the need arises, or some conditional inference. The language is mandatory: "Must use corrective lense(es) to meet vision standards at all required distances." This is not permissive, nor conditional. It does not say he must use corrective lenses if required. It does not say he could use them, or might consider them, or ought to use them, and does not use the conditional if. The sentence very plainly states that the lenses MUST be used to meet vision standarards. Not even a conditional "must be used if he doesn't meet...". The language is not generic, not "boilerplate," and not to be ignored. It's a legal requirement and a condition of the medical certificate itself. It's also in error, and a medical certificate issued in error isn't valid any more than a current, valid certificate may be used in the case of a medical deficiency. One must be legal and safe; both prongs must be met, and in this case, the certificate is not legal.

One might argue that if the AME already issued a certificate, pending receipt of the special-issuance paperwork, and the AME's certificate is still valid, and hasn't been superceded by a different date on the medical certificate received from FAA (along with the SI special issuance), then one might be legal to continue operating under the correct certificate provided by the AME.

I would be very careful operating under the new certificate, however, especially if it has a more recent date (and thus supercedes) than the AME's issued medical certificate.

Generally speaking, if it's been less than sixty days, contact the AME, but if it's been more, contact the Aerospace Medical Certificate Division, but that generality applies to a certificate issued by the AME. In this case, the questionable one came directly from the Medical Certificate Division. One might enlist assistance from the AME, but it may be jut as well to contact the Medical Certificate Division directly.

https://www.faa.gov/faq/how-can-i-contact-faa-about-my-medical-certificate



The link above (and below) will also take you to your regional flight surgeon's office. Phone numbers are provided:

https://www.faa.gov/pilots/medical_certification/rfs
Spent four hours back and forth with region and OKC. They are now re-issuing my medical cert without glasses needed. Told I am not legal to operate until I get the new cert or wear (carrying is not enough) corrective lenses. Of course, they are snail mailing it.
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