Medical validity for private flying after 40 years old

[cattrall]

This has probably been answered before, sorry, but a quick scroll through avcanada (and the CARS) did not give me an answer.

If you do a CAT1 medical when you are 38 years old... I know your ATPL will be valid for 1 year from the date of the medical. But how long can you fly privately for? Can you fly privately for 2 years, because after 2 years you are over 40 years old and thus validity period is 24 months? Or can you fly privately for 5 years, because validity period was 60 months when you *did* the medical because you were under 40 years old at that time?

So in simple terms - do I need to do another medical now that I'm 40 to fly privately, or is the medical exam that I did 2 years ago still valid?

Thanks!

[ahramin]

The validity period is based on your current age, not on your age when you did the medical.

[cattrall]

Ok thanks very much for the quick reply. Any chance you have a reference for that in the CARS? I couldn't find anything that specifically states that.

[photofly]

It's in CAR 401, although it doesn't say specifically whether the validity periods apply based on the pilot's age at the date of medical examination or on the date they wish to exercise their licence privileges.

[AirFrame]

The validity period is based on your current age, not on your age when you did the medical.

My medical doctor said differently, and the local transport canada office agreed. i.e. If you get your medical done at age 39, it's valid until you're 44, as a private pilot.

[photofly]

And that's what I used t think, too. The wording of the CARs doesn't say unambiguously, so I guess what counts is the way the particular TC inspector interprets the regulation on the day when it suddenly becomes an issue.

I am starting to agree that TC creates deliberately ambiguous regulations to prevent anyone from knowing anything, much like that other thread suggested.

[5x5]

I think it is rather specific and here is the quote from CAR 404.04

(5) A medical certificate is valid starting on the day on which the applicant signs the medical declaration submitted for the issuance or renewal of the certificate or on the day on which the medical examination for the issuance or renewal of the certificate is conducted until the earliest of

(a) the end of the validity period set out in the table to subsection (6) for the certificate,

(b) the end of any shorter validity period endorsed on the certificate by the Minister, and

(c) the day on which a new medical certificate is issued to the holder.

So the under 40/over 40 thing starts on the day of the medical and doesn't change until the next medical declaration is signed.

[ahramin]

Finally was able to get to a computer and check the CARs.

404.04 (6) Subject to subsection (9), the validity period of a medical certificate for a permit, licence or rating that is set out in column 1 of the table to this subsection is set out in column 2 if the holder of the permit, licence or rating is under 40 years of age and in column 3 if the holder of the permit, licence or rating is 40 years of age or older.

Seems clear to me, but I've been wrong before. Especially about TC rules.

[photofly]

A medical certificate is valid starting on the day on which the applicant signs the medical declaration ... until the earliest of

(a) the end of the validity period set out in the table to subsection (6) for the certificate,

It's not unreasonable to interpret this to mean that both the start and the end of the validity period are determined and fixed in stone on the day on which the applicant signs the medical declaration. In which case it's the applicant's age at that time (only) that counts.

[CpnCrunch]

It is definitely from the start of the medical itself, not your current age. If you get your medical at age 38 it is valid until 43 (for Cat 3). You can confirm this by logging into "general aviation online services" and it will specifically tell you when your medical expires. I had to print this out and give it to the dispatcher at a local FTU, as nobody there had any idea either. TC doesn't exactly make it clear!

[AirFrame]

It is definitely from the start of the medical itself, not your current age. If you get your medical at age 38 it is valid until 43 (for Cat 3). You can confirm this by logging into "general aviation online services" and it will specifically tell you when your medical expires. I had to print this out and give it to the dispatcher at a local FTU, as nobody there had any idea either. TC doesn't exactly make it clear!

If that's really what they wanted it to say, they could clear up the question instantly by changing the caption to the table in the CARs to read:

"404.04 (6) Subject to subsection (9), the validity period of a medical certificate for a permit, licence or rating that is set out in column 1 of the table to this subsection is set out in column 2 if the holder of the permit, licence or rating is under 40 years of age at the time of the medical examination and in column 3 if the holder of the permit, licence or rating is 40 years of age or older at the time of the medical examination."

[ahramin]

Aha. Well if GALRO confirms then it should be easy to convince anyone.

[5x5]

OMG - read the whole reg when you're trying to figure something out.

404.04 (5) says quite clearly when the time starts (unless of course a person didn't know how old they were on the day of their medical) and therefore which column on the table to use. Why on earth should it be reiterated in the same reg? If a person doesn't understand it the first time why would they expect to understand it the second time?

[CpnCrunch]

OMG - read the whole reg when you're trying to figure something out.

404.04 (5) says quite clearly when the time starts (unless of course a person didn't know how old they were on the day of their medical) and therefore which column on the table to use. Why on earth should it be reiterated in the same reg? If a person doesn't understand it the first time why would they expect to understand it the second time?

It says clearly when it starts, but not when it ends. You have to look at Column 3 of the table, which just says "40 years of age or older", and it's not clear whether that applies to your age at the beginning of the validity period, or currently. The way it's written would make me assume that it's the holder's current age that matters, which is incorrect.

[AirFrame]

The way it's written would make me assume that it's the holder's current age that matters, which is incorrect.

That's how it's being enforced, but my opinion is that that is not what was intended when it was written. Regardless, i'm more than 5 years over 40 and it no longer matters.

[geneticistx]

i started to take flying lessons after I had a life scare last year, then found out i may not qualify after starting a few hours in the left seat.

I've had a few blood clots over the past 10 years that are now managed through blood thinners for life, was on a couple drugs that caused me to gain a ton of weight (prednisone). The prednisone took me into a A1C level >7.

I'm back to the gym, etc. and doing my best to get back to my normal weight.

I'm 48yrs.

My thought is
1) I might fail my CAT3
2) I might get a restricted CAT3 of some variation

I had my medical, just waiting for TC to get back to my CME and let me know if they want any further info.

Getting my PPL has been a lifelong dream. Just now I can afford the time and money to do it, and before I started I had a medical scare that shouldn't preclude me.

M

[CpnCrunch]

i started to take flying lessons after I had a life scare last year, then found out i may not qualify after starting a few hours in the left seat.

I've had a few blood clots over the past 10 years that are now managed through blood thinners for life, was on a couple drugs that caused me to gain a ton of weight (prednisone). The prednisone took me into a A1C level >7.

I'm back to the gym, etc. and doing my best to get back to my normal weight.

I'm 48yrs.

My thought is
1) I might fail my CAT3
2) I might get a restricted CAT3 of some variation

I had my medical, just waiting for TC to get back to my CME and let me know if they want any further info.

Getting my PPL has been a lifelong dream. Just now I can afford the time and money to do it, and before I started I had a medical scare that shouldn't preclude me.

M

Good luck with your cat3! And if you can't get the cat3, you might still be able to get the recreational license with a cat4 medical.

[geneticistx]

great idea on the CAT4. It would give me complete freedom to do what I want to do. I really don't have any desire or, more important, need to fly to the US or night VFR.

I'll find out more and post the final results.

M

[geneticistx]

Spoke with TC today.
I was not denied my CAT3, and he gave me some things i have to address over the next few months, things that I think I can do without issue.

I asked him if I can continue to take my flying lessons, and he said "yes". He doesn't foresee an issue in me getting my CAT3.

[geneticistx]

Have had all my tests done and spoke with CME today again.
Lookin' great.