Airline Pilot Central Forums - Failed Medical due to Self Disclosure

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Quote:

Originally Posted by rickair7777 (Post 2493369)

See the post above. I don't know what sabretech is.

Also, here's one mass prosecution involving disability records...

U.S. Says 46 Pilots Lied to Obtain Their Licenses - The New York Times

Some of them went to jail. If you break a federal law (vice an FAR), the DOJ prosecutes you, not the FAA.

You should know what Sabretech was. Does Valuejet ring a bell?

14 CFR is regulation, and administrative law. Falsification is another matter and carries criminal penalties punishable under criminal law; this law is not the "FAR." ("FAR" is already taken by the Federal Acquisition Regulation," incidentally and the use of "FAR" as popular slang is incorrect).

The California effort garnered a lot of heat from the public and industry, and was not and is not as cut and dried as you think. Further, the individuals involved were part of a bigger project and had gone beyond simply making a false statement; they were also receiving federal and state funds for the disability.

Had the matter simply been one of false statements on a medical application and nothing more, it would have taken the route of administrative action.

Quote:

Originally Posted by JohnBurke (Post 2494099)

14 CFR is regulation, and administrative law. Falsification is another matter and carries criminal penalties punishable under criminal law; this law is not the "FAR." ("FAR" is already taken by the Federal Acquisition Regulation," incidentally and the use of "FAR" as popular slang is incorrect).

I'm a senior military officer, I know far more about acquisitions than I ever wanted to. But this is APC, not the E-ring.

Quote:

Originally Posted by JohnBurke (Post 2494099)

The California effort garnered a lot of heat from the public and industry, and was not and is not as cut and dried as you think. Further, the individuals involved were part of a bigger project and had gone beyond simply making a false statement; they were also receiving federal and state funds for the disability.

Had the matter simply been one of false statements on a medical application and nothing more, it would have taken the route of administrative action.

So were they prosecuted for fraudulently collecting disability while perfectly fit to fly? Or for lying about their fitness to fly?

Either way it's relevant here, because almost all 20+ year vets have some sort of disability rating.

Quote:

Originally Posted by rickair7777 (Post 2494187)

Either way it's relevant here, because almost all 20+ year vets have some sort of disability rating.

Hopefully they're intelligent enough and have the integrity to not falsify their application. That's relevant.

I know an individual who lost his medical thanks to driving under the influence. He was on a federal contract, on a federal base, carded by the federal government (which includes a review of his pilot credentials, and medical). He was caught with a falsified medical; an entirely fraudulent medical certificate, removed from the aircraft and the operation. Jail, no. Loss of certification, yes.

The bottom line, regardless of the nuance, is to not hide or falsify on an application.

I check several boxes on my own application each time, and they're cited "previously reported, no change," and I move on. Much better than trying to remember what one didn't say.

The original poster did not get penalized for self reporting. He had a disqualifying condition which he was required to report. It wasn't his reporting that got him in trouble; it was doing the drugs in the first place. It's good and well to try to slide that responsibility onto the FAA, but that too, is false.