Uh but since the new law requires an ATP to be an FO, after August of next year won't all FO's be exercising the privileges of an ATP by just being an FO?

It also requires them to have a type but they still won't be logging PIC. The way I read it, they will have to have it but not use it. I guess we will see if the FAA changes their interpretation with the final results.

At face value, yes. That would be the literal interpretation, and I have not seen any written exceptions.

But I'm sure the intent was not to sideline all the career FO's with 2C medicals, that would be an unintended consequence. I'm almost certain the FAA will clarify that in the near future.

When you pass your ATP ride your CMEL is taken and superseded by your new ATP which is issued for MEL airplanes. Unless your part 121 aircraft is certificated for one engine then you absolutely are exercising the privileges of your ATP because your CMEL no longer exists.

As of today, even though your CMEL is no longer in effect, you're still exercising commercial privileges.

If that were true than a lot of people who let their medical lapse with a ppl and than fly under sport pilot rules would be breaking a lot of regs. Republic and Pinnacle even have it in their contract that a captain that loses their first class can take an fo seat. I don't think there would be a negotiated provision in a contract if it was against the regs.

When those contracts were negotiated, it wasn't regulation for an FO to have an ATP. It will be regulation in the future however.

I think this is an interesting question that hasn't yet been addressed by the FAA. My guess would be that in the future, the medical requirement will read something similar to this "First class medical is required for any ATP certificated pilot who is acting as PIC of a place requiring a type rating. A second class medical is required to act as SIC."

When those contracts were negotiated, it wasn't regulation for an FO to have an ATP. It will be regulation in the future however.

I think this is an interesting question that hasn't yet been addressed by the FAA. My guess would be that in the future, the medical requirement will read something similar to this "First class medical is required for any ATP certificated pilot who is acting as PIC of a place requiring a type rating. A second class medical is required to act as SIC."