A pilot has forced a change in UK law after refusing to accept having HIV should stop him flying commercial planes.
And on Saturday, James Bushe flew his first flight since qualifying, going from Glasgow to Stornoway and on to Benbecula with Loganair.
The 31-year-old gained his private pilot’s licence aged just 17, after falling in love with it following a flying lesson aged 15.
But the Glasgow-based pilot was dealt a massive blow after being diagnosed as HIV positive in February 2014 and learning his illness precluded him from training as a commercial pilot.
The Civil Aviation Authority (CAA), which controls airline pilot licences in the UK, told James that it was bound to follow the rules laid down by the European Aviation Safety Authority (EASA). It ruled that for those living with HIV to be airline pilots, they had to have a special medical certificate.
However, the only way to obtain that accreditation would be to already have a commercial flying licence – blocking anyone with HIV from entering the profession.
But James wasn’t prepared to give up without a fight.
The development of anti-retroviral drugs meant HIV is now undetectable in patients and also untransmittable.
And, more importantly in James’s case, the drugs mean there is no neurocognitive impairment which would have a bearing on flying a plane.
James, from Stoke-on-Trent, first went through the appeals process of the CAA and EASA.
But when that failed, James, together with HIV Scotland, began a new approach, citing discrimination.
They contacted the Gay Pilots’ Association in the United States to gather evidence. In both the USA and Canada, there is not a barrier to a trainee getting a medical certificate.
James approached his MP Patrick Grady and MSP Bob Dorris to raise the matter in their parliaments. As a result, the UK transport committee asked the CAA to re-examine the barrier to those wanting to train and Nicola Sturgeon wrote to the authority stating she believed it was discrimination.
In January 2018, the CAA lifted the restriction.
James became the first pilot with HIV in Europe to train and qualify. He put himself through training and landed his job with Loganair in September.
He completed his training last week to fly the airline’s Embraer 145 Regional Jets from Glasgow Airport.
James said: “My hope now is that it triggers action not just in the UK but in the rest of Europe. Anyone who has felt restricted by the condition, who is in my situation, can now follow their dreams.”
Dr Ewan Hutchison, head of medical assessment at the CAA, said: “We are very pleased to see James starting his career, having now finished his commercial pilot training. He has worked hard to raise awareness of the challenges faced by aspiring pilots living with HIV.”
