27B Power of Director to issue medical certificate

(1)

After considering an application for a medical certificate, the Director must, as soon as practicable but no later than 30 working days after the date of receiving the report of the medical examiner, issue the medical certificate if he or she is satisfied that the applicant meets the medical standards prescribed in the rules, unless the Director has reasonable grounds to believe that the applicant has any characteristic that may interfere with the safe exercise of the privileges to which the medical certificate relates.

(2)

Despite subsection (1), the Director may, relying on flexibility, issue a medical certificate to the applicant.

(3)

In subsection (2), flexibility means the use of medical judgment to issue a medical certificate if the following conditions are fulfilled:

(a)

an accredited medical conclusion indicates that in special circumstances the applicant’s failure to meet any medical standard prescribed in the rules is such that the exercise of the privileges to which a medical certificate relates is not likely to jeopardise aviation safety; and

(b)

the relevant ability, skill, and experiences of the applicant and operational conditions have been given due consideration; and

(c)

the medical certificate is endorsed with any conditions, restrictions, or endorsements when the safe performance of the applicant’s duties is dependent on compliance with those conditions, restrictions, or endorsements.

(4)

The Director may impose any conditions, restrictions, or endorsements on a medical certificate issued under this section.

(5)

Before issuing a medical certificate, the Director—

(a)

must have regard to the report of the medical examiner and any other information that may be relevant; and

(b)

may require the applicant, at the applicant’s expense, to undertake any other tests, examinations, or re-examinations conducted by any suitably qualified and experienced person, or to provide any medical information, as the Director reasonably considers necessary to assess the applicant.

(6)

If the Director requires an applicant to undertake any other test, examination, or re-examination, or to provide any medical information, the period in which the Director must make a decision in relation to the medical certificate under this section does not include the number of days that are required to conduct and deliver the results of the test, examination, or re-examination, or to provide the medical information, to the Director.

(7)

The Director must maintain a register of current medical certificates issued under this section.

(8)

Any decision made under this section by the Director in relation to a medical certificate other than a decision under subsection (5)(b) is subject to section 27L (review of decisions regarding medical certificates or applications).

Section 27B: inserted, on 1 April 2002, by section 5 of the Civil Aviation (Medical Certification) Amendment Act 2001 (2001 No 87).