BasicMed and Commercial License question for the legal minds

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BasicMed and Commercial License question for the legal minds

Posted by William McDonald on Jun 23, 2017 8:53 pm

 Is it correct that currently, FARs require at least a third class medical certificate to take the Commercial Pilot practical exam?  Is it possible to substitute BasicMed in lieu of the third class medical? Has anyone asked the FAA about this? 
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Re: BasicMed and Commercial License question for the legal minds

Posted by Ronald Levy on Jun 24, 2017 9:45 am

Per 14 CFR 68.1, "This part [Part 68, the BasicMed rules] prescribes the medical education and examination requirements for operating an aircraft under §61.113(i) of this chapter without holding a medical certificate issued under part 67 of this chapter."  The requirement to hold a Third Class or better to take the Commercial Pilot practical test resided in 61.23(a)(3)(iii), which as amended by the BasicMed rule, now reads as follows:

(3) Must hold at least a third-class medical certificate—

(iii) When taking a practical test in an aircraft for a recreational pilot, private pilot, commercial pilot, or airline transport pilot certificate, or for a flight instructor certificate, except when operating under the conditions and limitations set forth in § 61.113(i);

Thus, as long as you abide by the "conditions and limitations set forth in 61.113(i)", i.e., 6000 lb limit, 6-seat limit, etc., you can take any of those practical tests under BasicMed.  The only place I see a problem would be something like taking the CP-ASEL in a PA-32R with the 7th seat kit installed (since that aircraft would then violate the 6-seat limit), or taking the test in Canada (which as of this writing does not accept BasicMed).  Of course, you couldn't exercise any CP privileges until you obtained a Second Class medical, but that was true even under the pre-BasicMed rules since the 1997 change allowing you to take CP/ATP/CFI practical tests with only a Third Class medical.
 

Re: BasicMed and Commercial License question for the legal minds

Posted by William McDonald on Jun 24, 2017 10:20 am

Thank you Ronald Levy for resolving my questions. I appreciate the help!