ALL:
Sorry, (John) - inadvertently missed including this part of previous
thread...had "filed" it already.
Begin forwarded message:
From: "John Cooper" <[EMAIL PROTECTED]>
Date: April 14, 2008 16:57:21 CDT
To: "'William R. Bayne'" <[EMAIL PROTECTED]>, "'Ed
Burkhead'" <[EMAIL PROTECTED]>
Cc: "'heavensounds Cortes''" <[EMAIL PROTECTED]>, <[EMAIL PROTECTED]>,
"'WILLIAM BIGGS'" <[EMAIL PROTECTED]>, "'my_ercoupe'"
<[EMAIL PROTECTED]>, <[EMAIL PROTECTED]>, "'Jerry Eichenberger'"
<[EMAIL PROTECTED]>
Subject: RE: [ercoupe-tech] FAA making changes to Sport Pilot and LSA
rules
My statement was only intended to point out the apparent conflict
between the wording of part 61 and the wording of part 43. My question
has nothing to do with Sport pilot or subsequent rule making, only to
raise the question of which part (61 or 43) rules. Part 61 lists the
privileges of a Private pilot certificate that may be exercised
without a current medical and preventive maintenance is not on the
list. No interpretation, just fact. Part 43 uses the term “holder…
issued under part 61.” What that means is certainly subject to
interpretation.
On further reflection, I’m inclined to agree that holding the
certificate issued under part 61 could survive expiration or even
denial of a medical certificate. Put I don’t proclaim to be an expert
at interpretation.
John Cooper
Skyport Services
4996 Delaware Tnpk
Rensselaerville, NY 12147
518 797-3064
www.skyportservices.net
From: William R. Bayne [mailto:[EMAIL PROTECTED]
Sent: Monday, April 14, 2008 2:28 PM
To: Ed Burkhead
Cc: heavensounds Cortes'; [EMAIL PROTECTED]; John Cooper; WILLIAM
BIGGS; my_ercoupe; [EMAIL PROTECTED]; Jerry Eichenberger
Subject: Re: [ercoupe-tech] FAA making changes to Sport Pilot and LSA
rules
Hi Ed (off list),
Maybe I'm missing something, but the way (g) is currently written the
"holder of a pilot certificate issued under Part 61" continues to
"hold" that RATING until or unless said rating is revoked.
John Cooper and Bill Biggs apparently take the position that pilots
lose (are automatically denied) privileges not specifically preserved
by the FAA in supplemental rulemaking. I would, to the contrary,
strongly assert that pilots retain privileges not specifically revoked
by the FAA with due notice and following publishing in the Federal
Register followed by an appropriate public comments period.
If the FAA is allowed to "interpret" new regulations so as to further
restrict what a certificated pilot is allowed to do denies pilots
regulatory "due process". That is a slippery (and steep) slope no
pilot worthy of the title should meekly accept.
Regards,
WRB
