Dear fellow pilots!
I need some help and advises.
I’m currently in battle with my local CAA. The reason of this battle is that they do not accept my medical certificate from another EASA member state. The reason they provide is that I had VCL limitation before here in Latvia and now it has been removed by another state and allowed me to get full 1st class certificate. They require information from another state’s medical authority why they have removed this limitation.
This all has been initiated when I requested Night Rating from local CAA and provided my new medical without limitation.
How legal is this action? As I understand it from my point of view, the only thing they can do with another state’s medical is to request documents confirming the certificate is legal. They tell me, that if I had limitation in local authority before, I have to give some proof, why it was removed. Is there any official statement, that requires my CAA to request such documents or it’s just desire of single responsive person?
I would highly appreciate any help.
Can you give some more detail on what you are trying to do? Are you just trying to exercise the privilege of a licence issued by another state by flying an aircraft, or are you trying to transfer your licence and medical data to the ‘local CAA’?
Initially I’ve received class 2 medical from my local CAA. It contained VCL limitation based on information about surgery in childhood. Later I’ve visited other local medical organisation (recomended my CAA doctor!) and they gave me fantastic conclusion: I can’t measure distances. Fantastic because I have over 300 hours of flight time and I’m still alive.
After all of this I’ve made decisition to pass medical comission in Warsaw and they gave me conclusion, that my eyes are fine and issued class 1 medical.
Few months ago I have completed night training and requested license update in my Latvian CAA. They asked me to provide medical reports from Polish clinic and I’ve done it. Now they request additional documents to proof, that limitation is removed. I don’t understand the reason why they do it and trying to find any legal justification for their action.
The last message I’ve got from them is the reference to document:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2011R1178:20120408:EN:PDF
FCL.015 (a) and ARA.GEN.315 (a)
But I can find there any information allowing them to request proof of limitation removal.
Well, you will have to convince them about your legal position which can be difficult. The German CAA does accept foreign medicals although they are fully aware that often, those are obtained to benefit from less strict interpretation abroad. Even though they dislike it, they accept them because their interpretation of the law is that they have no choice. Even when you get it from a state at the very bottom of the corruption index…
It’s probably going to be an uphill battle because the only real thing you can do is sue your CAA. Therefore I would try to work with them and get them the information they requested. Alternatively, you can move your PPL to another EASA member state.
The problem is that on the other side Polish authority says, they don’t have special procedure to confirm limitation removal. As the extreme measure I think to move to Poland with my PPL, but not sure, I would be abble to validate NR here. So, at this point I need to understand, if there’s any legal document allowing them to do what they do.
Given they quoted FCL.015 (a)
(a) An application for the issue, revalidation or renewal of pilot licences and
associated ratings and certificates shall be submitted to the competent
authority in a form and manner established by this authority. The application
shall be accompanied by evidence that the applicant complies with the
requirements for the issue, revalidation or renewal of the licence or certificate
as well as associated ratings or endorsements, established in this Part and
Part-Medical
They do have discretion about “form and manner” and they can ask for “evidence that the applicant complies…”. ARA.GEN.315 (a) is roughly the same
Upon receiving an application for the issue, revalidation, renewal or change
of a personal licence, rating, certificate or attestation and any supporting
documentation, the competent authority shall verify whether the applicant
meets the applicable requirements.
Their position must be that you have not shown that your Polish medical meets the requirements of Part-Medical. First of all, I would hire a lawyer, then they will have to be more careful in what they say. Then I would have that lawyer ask the CAA spell out in which way they believe the Polish medical is not in compliance with Part-Medical. At this point they will probably realize how thin the ice is and budge.
The next step is to file a lawsuit. I don’t see much else. You could get a written statement from e.g. the German CAA confirming their interpretation of the law but why should the Latvian CAA care about how the German CAA thinks? EU law is interpreted locally.
I’m also wondering about the meaning of the “evidence”. This actually can be anything they want. So, everything in this situation can depend on single person’s opinion and mood :(
Well, a medical on official Polish document paper with the required signature and stamp (format outlined in Part-Medical) is evidence. They do not have the authority to dig deeper, Poland is entitled to issue valid medicals whether Latvia’s CAA likes it or not. Try to get a lawyer, they will have to be more thorough in their arguments when they’re dealing with a lawyer.
QuoteBut I can find there any information allowing them to request proof of limitation removal.
AMC1 MED.B.001 Limitations to class 1, class 2 and LAPL medical certificates
…
(e) Removal of limitations
(1) For class 1 medical certificates, all limitations should only be removed by the licensing authority.
(2) For class 2 medical certificates, limitations may be removed by the licensing authority or by an AeMC or AME in consultation with the licensing authority.
(3) For LAPL medical certificates, limitations may be removed by an AeMC or AME.
So the Polish clinic should only have removed the limitation on your medical certificate in consultation with the Latvian CAA, which is the ‘licensing authority’ for you.
Why not change your licensing authority to Poland?
What is the meaning of “licensing authority.”? Is that authority who issues medical or both medical and pilot license in the context above? Polish licensing authority issued to me class one medical without limitation. So I have whole certificate from Poland, not only limitation removal. I have also class 2 from Latvia and my pilot license is also Latvian. Do you mean that the Polish authority have to consult Latvian authority because Latvia issued my pilot license?
