|
If operating under FAR Part 91, yes.
If a commercial flight operation will be flying internationally, then, per ICAO SARPS, one crewmember of the aircraft engaged in an operation that is for "remuneration or hire" (i.e. FAR Part 135 or other form of commercial operation) must be less than 60 years of age. 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.
The following information was taken from ICAO’s web site at www.icao.int/icao/en/trivia/peltrgFAQ.htm#30.
Current ICAO provisions
The ICAO Council adopted on 10 March 2006 an amendment to Annex 1 — Personnel Licensing that increases by five years the upper age limit for commercial pilots operating two-pilot aircraft. It is a Standard for the pilot-in-command and a Recommendation for the co-pilot. The new provisions became applicable on 23 November 2006 and read as follows (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.
Definitions
ICAO defines "scheduled air service" as "an air service open to use by the general public and operated according to a published timetable or with such a regular frequency that it constitutes an easily recognizable systematic series of flights" (source: "Manual on the Regulation of International Air Transport — Doc 9626").
"Air transport operation for remuneration or hire" is equivalent to "commercial air transport operation" that is defined by ICAO as "an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire" (source: Annex 6 — Part I, International Commercial Air Transport — Aeroplanes).
The expression "remuneration or hire" means any kind of remuneration, whether monetary or other, which the operator receives from someone else for the act of transportation (source: "Policy and Guidance Material on the Economic Regulation of International Air Transport — Doc 9587", Part 1-7).
Application of Article 33 of the Chicago Convention
Article 33 of the Convention on International Civil Aviation (often quoted as the "Chicago Convention") limits the international recognition of flight crew licences to those who are in full compliance with the Standards of Annex 1 (note that paragraph 2.1.10.1 is a Standard). As a result, up until November 23, 2006, even if an individual State authorized one crewmember to fly in commercial air transport operations when over the age of 65, that authorization could only be given for flights within that State's national airspace. This is because no State can force another State to accept its own deviation from an ICAO Standard. Now, with this rule change, the age limit is raised to 65 in the circumstances presented above. No ICAO member-State can refuse to allow a foreign commercial operator, in compliance with the SARP, from operating within their country.
Article 33 does not apply to the co-pilot as paragraph 2.1.10.2 is a Recommendation, not a Standard.
Articles 39 and 40 of the Convention are also relevant to the age limit of pilots-in-command engaged in commercial air transport operations as they authorize international flights by flight crew who are not meeting all international licensing Standards provided that an authorization is given by each State which airspace is used.
In practice, this means that if a pilot in command is under the age specified in paragraph 2.1.10.1 he cannot be prevented by reason of age from operating into any ICAO Contracting State. Further, once he has reached the specified age, he may still operate as PIC, subject to certain conditions:
- his/her national Licensing Authority permits it; and,
- operations are undertaken only in national airspace; unless,
- another State has given specific authorization that such flights are permitted in its airspace.
When over 60, a six-monthly medical examination will be necessary (ICAO specifies an annual medical for those under 60 years who are engaged in two-pilot operations). For single-pilot commercial air transport operations, the upper age limit remains at 60 years.
Most of the States that have authorized their pilots to fly as pilot-in-command in commercial air transport operations after they reach the age specified in 2.1.10.1 also authorize pilots holding a license issued or validated by another States to fly in their own airspace under the same condition.
However, ICAO does not collect information on States authorizing pilots to fly in their airspace after reaching the age of 60 and cannot provide information on the subject. Pilots seeking such information must contact individual Civil Aviation Authorities.
|