Options for Review - Assessments commenced before 1 April 2002
Frequently asked questions about dispute of a civil aviation regulatory medical decision in the "old system" ie, cases where the medical certification process commenced before 1 April 2002. If the medical certification commenced after 1 April 2002, the case should be referred to the Convener.
What can I do when an AMA applies conditions or restrictions to my Medical Certificate with which I disagree?
An AMA issuing you with a medical certificate must endorse the certificate with any restrictions or conditions necessary in the interests of safety. The Civil Aviation Rules do not outline any formal processes for reviewing conditions an AMA attaches to a medical certificate.
If you disagree with the conditions or restrictions applied to your certificate, you should first discuss the matter with your AMA. There are no formal procedures for this - the process will vary from AMA to AMA.
What can I do when an AMA declines to issue me with a Medical Certificate?
One reason why an AMA may not have issued a medical certificate is that they have not yet received all of the reports or test results they require. If that is the case, you may wish to wait for the AMA to receive that information before taking any other steps.
If an AMA formally declines to issue you with a Medical Certificate, you have these options set out in Civil Aviation Rule 67.13:
Ask the AMA to review their assessment, especially if you believe they may have overlooked some aspect, or if you have additional information that you believe is relevant.
Seek a review of your case by another AMA. You must advise the second AMA of your first assessment.
Apply to the Director for consideration of an exemption to the applicable medical standards outlined in Part 67. This is achieved by applying for a Special Medical Assessment (SMA). Your AMA, or the CAA Medical section, can advise you how to apply for an SMA.
What can I do when an AMA declines to issue me with a Medical Certificate but does not provide me with a Notice of Unfitness?
An AMA who declines to issue a medical certificate to you may also not issue you with a Notice of Unfitness. If an AMA declines to issue you with a medical certificate, but does not issue a notice of unfitness, you have the options set out above.
What can I do when the Director issues an exemption to Part 67 which contains conditions and restrictions with which I disagree?
A CAA Special Medical Assessment will result in either the issue of an exemption letter or the CAA advising you that they cannot issue an exemption. An exemption letter may require any of a wide variety of restrictions and requirements. If you disagree with the exemption the CAA issues, you may apply to the CAA for reconsideration of your SMA. You may believe that some aspect of your situation has been overlooked or if you may have relevant new information to provide. To pursue this avenue you simply apply again for an SMA.
In the past, the Aviation Medical Review Board was available to review CAA medical decisions. The Board no longer exists.
An AMA cannot review a CAA exemption decision. While an AMA may informally advise you concerning any review you seek, an AMA cannot issue a certificate contrary to a CAA exemption decision. On the other hand, an AMA may decline to issue a certificate even after the CAA has issued an exemption.
What can I do when the CAA declines me an exemption to Part 67 and I believe one is warranted?
A CAA Special Medical Assessment may result in the CAA advising you that they cannot issue you with an exemption. If you disagree with this decision you have the options set out above.
As set out above, an AMA cannot review a CAA exemption decision.