PETITION 

FAR PART 61.23 CHANGES 

Petitioner 

Name: Steven J. Rossiter 

Mailing Address: PO Box 16446 

 Missoula, MT 59808-6446 

Primary Phone: 406 529-1601 

Secondary Phone: 406 542-5177 

Fax: 817 549-5177 

E-Mail: AOPA32S@aol.com

Executive Summary 

In the early part of the last century, when the concept of the aviation medical was conceived, 

there were many unknowns as to how the physiology of the pilot might be affected operating in 

the atmosphere. In the intervening years medical science has progressed tremendously and much 

of what was unknown in the early part of the last century has been learned. The primary lesson 

that is germane concerning the aviation medical process is that the medical examination is an 

unreliable predictor of the health related suitability for any pilot on any given flight. 

This Petition proposes the elimination of the Third Class Medical Certificate requirement for any 

pilot exercising Private Pilot privileges, Recreational Pilot privileges, or Student Pilot privileges. 

Proposed FAR Part 61.23 Language Changes 

Part 61.23(a)(3): Delete in its entirety. 

Part 61.23(b)(1): Delete in its entirety. 

Part 61.23(b)(2): Delete in its entirety. 

Part 61.23(b)(4)(i): Delete in its entirety. 

Part 61.23(c)(1)(i): Change to read; A student pilot certificate. 

Part 61.23(c)(1)(ii): Change to read; A sport pilot certificate. 

Part 61.23(c)(1)(iii): Change to read; A recreational pilot certificate. 

Part 61.23(c)(1): Add; (iv) A private pilot certificate. 

Part 61.23(c)(1)(iii): Change to; Part 61.23(c)(1)(v); 
Page 2 FAR Part 61.23 Change Petition - Steven J. Rossiter, Petitioner 

Part 61.23(c)(2)(ii): Delete in its entirety. 

Part 61.23(c)(2)(iii): Delete in its entirety. 

Part 61.23(c)(2)(iv): Change to read; Part 61.23(c)(2)(ii) Not know or have reason to know of 

any medical condition that would make that person unable to operate an aircraft in a safe 

manner. 

Part 61.23(d)(3): Delete in its entirety. 

Why this Petition is in the Public Interest 

Since the implementation of the Third Class Medical process, history demonstrates that there is 

no practical need for a medical certificate for pilots exercising Private Pilot privileges. The 

implementation of the driver’s license standard for Light Sport Pilots has graphically 

demonstrated that pilots can safely fly (from a medical standpoint) for their own benefit with 

little or no negative impact on the general public. The public interest is served by the creation of 

a more vibrant aviation community by eliminating one barrier to the process. 

For whatever reasons, Aviation Medical Examiners (AME) are choosing to discontinue 

functioning in that role. It would be a public benefit to reduce the work load of the remaining 

AMEs, so they can better focus on serving the needs of the professional pilot who are working in 

commercial aviation sector. 

In conjunction with the AME issue, eliminating the demand for the Third Class Medical would 

reduce the work load for the Federal Aviation Administration. This reduced work load would 

benefit the general public by redirecting tax dollars to areas where they are needed more in other 

areas in the FAA. 

A major additional public benefit is that these changes will simplify the process of becoming a 

Private Pilot or Recreational and for all pilots to more easily exercise the privileges of a Private 

Pilot. 

Whenever an administrative process can be simplified it is in the public interest to do so. 

Supporting Arguments 

Eighty or more years ago, when the initial requirements were laid out establishing the 

requirement for pilots to continually meet medical standards, little was known about how the 

human body would perform on an ongoing basis when exposed the environment of the sky. In 

the intervening years the physiology of flight has moved from the unknown to a time where we 

now have a good understanding of the physiology of flight. Modern day pilots know more about 
Page 3 FAR Part 61.23 Change Petition - Steven J. Rossiter, Petitioner 

the physiology of flight than medical doctors did when the original medical standards were 

established. More important, we now know that a medical examination is no more than a 

snapshot in time as to the medical condition of a pilot. Because of this, requiring a pilot who is 

merely exercising the privileges of a Private Pilot or Recreational pilot, to meet a standard more 

stringent than holding a driver’s license does nothing to enhance aviation safety. Furthermore, 

holding pilots to the standards of the Third Class Medical Certificate is simply not accomplishing 

any practical goal. 

The medical certificate is not the determining factor in the safe operation of any aircraft, pilot 

qualifications, recent experience, and the pilot’s assessment of his medical fitness for flight is. 

The medical certificate, in and of itself, has never been the determining factor concerning a 

pilot’s medical fitness to fly. It is, and always has been, the responsibility of the individual pilot, 

at the time of the flight, to make the determination as to whether or not he/she if medically fit to 

fly. 

There is no demonstrable reason why experienced pilots (i.e. those who have held a Private Pilot 

or higher certificate) cannot operate any aircraft they are fully qualified in safely without the 

requirement for a medical certificate. 

The Third Class Medical Certificate is a financial and administrative burden on the individual 

pilot, the individual medical examiner, and on the FAA. There is no data available that would 

cause one to believe that the Third Class medical Certificate is a measurable enhancement to 

aviation safety. 

Supporting Facts 

The historic aviation accident rate and causal factors do not support the current system and the 

requirement for a Third Class Medical Certificate. 

The lack of factual support for the current system thus dictates that it is time to take action to 

eliminate a program that serves no useful purpose. 

Cost Benefit 

The cost benefit is quite clear. There would be a direct cost reduction to the pilot. There would 

also be a direct and indirect cost reduction to both the Aviation Medical Examiner and the FAA. 

In today’s economic times, any action that can be taken to reduce the costs of doing business 

needs to be seized upon. 
Page 4 FAR Part 61.23 Change Petition - Steven J. Rossiter, Petitioner

Regulatory Burden 

Implementing the proposed changes will significantly reduce the regulatory burden on 

individuals, small businesses, and Indian Tribes. 

Recordkeeping Burden 

Implementation of the proposed changes to FAR Part 61.23 will markedly reduce the 

recordkeeping burden for individual pilots, Aviation Medical Examiners, and the FAA. 

Implementation of the proposed changes will streamline one small portion of the administrative 

recordkeeping processes in aviation.