MacNeall and Civil Aviation Safety Authority

Mr MacNeall applied to the Civil Aviation Safety Authority (CASA) for a Class 1 and a Class 2 medical certificate. CASA decided not to issue a Class 1 medical certificate and to issue a Class 2 medical certificate subject to the condition that he fly only with a safety pilot. Mr MacNeall sought review of these decisions before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether CASA's decision not to issue a Class 1 medical certificate was the correct and preferable decision, and whether the decision to issue a Class 2 medical certificate subject to the condition "Holder to fly with safety pilot only" was also the correct and preferable decision.

The Tribunal considered Mr MacNeall's medical history, which included obstructive coronary disease, ischaemic cardiomyopathy, aortic stenosis, and left ventricular systolic dysfunction. CASA determined that these conditions presented an unacceptable risk of inflight incapacitation due to the potential for sudden onset of chest pain, shortness of breath, or loss of consciousness. CASA applied an acceptable annual risk percentage of 1% for Class 1 certificate holders and 2% for Class 2 certificate holders, and assessed Mr MacNeall's risk of acute incapacitating events to be between 3.5% and 5% per annum. The Tribunal affirmed CASA's decision not to issue a Class 1 medical certificate, finding that the risk was too high. However, the Tribunal found that the condition "Holder to fly with safety pilot only" adequately ameliorated the risks to air safety for a Class 2 medical certificate, provided specific operational requirements were met, such as side-by-side seating, dual controls, and the wearing of a shoulder restraint harness.