Age 60 Issues & Your Flight Operation
Updated February 14, 2008
News
Age 65 Retirement Rule Discussed in New NBAA Resource
February 14, 2008
With the “Age 60 Rule” the subject of so much national debate, Part 91 and 135 operators may wonder if the law allows them to establish a mandatory retirement age for pilots. The simple answer is still “no.” The Fair Treatment for Experienced Pilots Act, signed into law in December 2007, is specific and only covers pilots serving in Part 121 operations. Nevertheless, many Part 91 and 135 carriers attempt to justify their mandatory retirement policies by reference to FAR 121.383(c) even though it too only applied to Part 121 carriers. Those Part 91 and 135 carriers should now consider amending their policies to reflect the changes in the new law. An article prepared for NBAA Members discusses this issue in the context of business aircraft operations. Read the article here.
President Signs Bill to Raise Pilot Retirement Age to 65
December 17, 2007
On December 13, 2007 President Bush signed into law HR 4343, the Fair Treatment for Experienced Pilots Act, which amends title 49 of the United States Code to modify age standards for pilots engaged in FAR Part 121 operations, raising the mandatory retirement age from 60 to 65. Pilots who fly business aircraft under FAR Part 91 or 135 do not have a mandatory retirement age, but since some Part 91 and 135 operators rely on aspects of Part 121 to guide their flight department policies, NBAA Members should take note of this legislation. For additional information, view the FAA InFO Notice.
Domestic Operations
Currently, for domestic business aircraft operators, the Age 65 rule does not affect Part 135 charter operators or Part 91 operators from a regulatory standpoint. The restriction on pilots operating aircraft after they reach the age of 65 only applies to Part 121 air carriers. The restriction does not apply to non-air carrier operators.
The issue has become more complex, however, due to the decision by several business flight departments to require early retirement for their pilots as a matter of company policy. This action has prompted a number of legal actions involving the Equal Employment Opportunity Commission (EEOC) and the Age Discrimination in Employment Act (ADEA). Under this rule, employees are protected from employment discrimination based upon age. The final outcome of this litigation is still to be determined. For more information, see the following article:
International Operations
For international operators, attention has been given to the Age 60 topic in the form of an ICAO rule change. The new provisions became applicable on November 23, 2006 and read as follows (ICAO Annex 1, Chapter 2, paragraph 2.1.10):
- 2.1.10.1 A Contracting State, having issued pilot licences, shall not permit the holders thereof to act as pilot-in-command of an aircraft engaged in international commercial air transport operations if the licence holders have attained their 60th birthday or, in the case of operations with more than one pilot where the other pilot is younger than 60 years of age, their 65th birthday.
- 2.1.10.2 Recommendation — A Contracting State, having issued pilot licences, should not permit the holders thereof to act as co-pilot of an aircraft engaged in international commercial air transport operations if the licence holders have attained their 65th birthday.
Again, this rule change has little direct impact upon private (Part 91) operations, but does affect commercial operators, including Part 135 charter operators. Basically, the new rule states that, where more than one pilot is required, one must be less than 60 years of age, and the other must be less than 65 years of age, with a medical issued within the preceding 6 months. For more information, view the following NBAA resource:
It should be noted that there are countries which do not adhere to the ICAO rules. Further, not all countries differentiate between commercial and private operations in the same way that the US or ICAO does. Therefore, all flightcrews operating internationally should always check the requirements for their destination country prior to their flight.
Additional Resources
|
