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everytime I mention it to others, nobody has been aware of it!
FREEDOM TO FLY ACT-TO END AGE DISCRIMINATION FOR COMMERCIAL AIRLINE PILOTS
Senator James Inhofe
January 4, 2007
Mr. INHOFE. Mr. President, I rise today, as an experienced pilot over age 60 WHO KNOWINGLY FLEW A MALFUNCTIONING AIRCRAFT TO A BOTCHED LANDING ONLY A FEW MONTHS AGO, along with my colleagues, Senator Stevens, Senator Lieberman and Senator Feingold, to once again introduce a bill that will help end age discrimination among commercial airline pilots. Our bill will abolish the Federal Aviation Administration’s (FAA) arcane Age 60 Rule—a regulation that has unjustly forced the retirement of airline pilots the day they turn 60 for more than 45 years.
Our bipartisan bill called the “Freedom to Fly Act” would replace the dated FAA rule with a new international standard adopted this past November by the International Civil Aviation Organization (ICAO) which allows pilots to fly to 65 as long as the copilot is under 60.
Since the adoption of the ICAO standard in November of this year, foreign pilots have been flying and working in U.S. Airspace under this new standard up to 65 years of age—a privilege the FAA has not been willing to grant to American pilots flying the same aircraft in the same airspace.
This bill may seem familiar; I have introduced similar legislation in the past two Congresses and I am dedicated to ensuring its passage this year. And it has never been more urgent.
Mr. President, we cannot continue to allow our FAA to force the retirement of America’s most experienced commercial pilots at the ripe young age of 60 while they say to their counterparts flying for foreign flags “Welcome to our airspace.”
Many of these great American pilots are veterans who have served our country and the flying public for decades. Many of them have suffered wage concessions and lost their pensions as the airline industry has faced hard times and bankruptcies. But these American pilots are not asking for a handout.
They are just saying to the FAA; “Give me the same right you granted our foreign counterparts with the stroke of a pen this November. Let us continue to fly, to work, to continue to contribute to the tax rolls for an additional 5 years.” We join them and echo their sentiments to Administrator Blakey. Mr. President, as far as we are concerned, that is the least we can do for America’s pilots, who are considered the best and the safest pilots in the world.
Most nations have abolished mandatory age 60 retirement rules. Many countries, including Canada, Australia, and New Zealand have no upper age limit at all and consider an age-based retirement rule discriminatory. Sadly though, the United States was one of only four member countries of ICAO, along with Pakistan, Colombia, and France, to dissent to the ICAO decision to increase the retirement age to 65 last year.
The Age 60 Rule has no basis in science or safety and never has. The Aerospace Medical Association says that “There is insufficient medical evidence to support restriction of pilot certification based upon age alone.” Similarly, the American Association of Retired Persons, Equal Employment Opportunity Commission, the Seniors Coalition, and the National Institute of Aging of NIH all agree that the Age 60 Rule is simply age discrimination and should end. My colleagues and I agree.
When the rule was implemented in 1960 life expectancies were much lower—at just over 69 and a half years. Today they are much higher at over 77 years. The FAA’s own data shows that pilots over age 60 are as safe as, and in some cases safer than, their younger counterparts. In the process of adopting the new international standard, ICAO studied more than 3,000 over-60 pilots from 64 nations, totaling at least 15,000 pilot-years of flying experience and found the risk of medical incapacitation “a risk so low that it can be safely disregarded.”
Furthermore, a recent economic study shows that allowing pilots to fly to age 65 would save almost $1 billion per year in added Social Security, Medicare, and tax payments and delayed Pension Benefit Guarantee Corporation (PBGC) payments.
I am encouraged by the progress that has been made. In the 109th Congress, the Senate Commerce Committee reported the modified bill with the ICAO standard favorably and the Senate Transportation, Treasury, the Judiciary, Housing and Urban Development, and Related Agencies Appropriations Committee included a version of S. 65 in their bill. The FAA recently convened and Aviation Rulemaking Committee to study the issue of forced retirement. We have yet to see that report but it is our understanding the report was persuasive enough that the Administrator is considering a change in the rule now.
We are encouraged by that, but we also know that legislation will be needed to direct the FAA to pursue these changes in a timely manner and in a way that will protect companies and their unions from new lawsuits that might arise as a result of the changes. Our bill accomplishes that. Whether the FAA decides to change the rule on its own or not, Congress needs to do the right thing and pass S. 65 to fully ensure that our own American pilots have the same rights and privileges to work at least until Age 65 that were accorded to foreign pilots over the age of 60 this fall.
Mr., President, I urge the rest of my colleagues to support this important legislation and help us keep America’s most experienced pilots in the air.
Sorry FoxHunter, but experience does not ensure safety.
If it did how would an airline such as XJT have safety operated for the last six years with a complete replacement of all its experienced pilots being hired away, the addition of 200 aircraft, and 2000 new pilots added? The majority of all XJT pilots currently on property have been hired since 1999. And those inexperienced pilots have operated a statistical safe airline with a low level of experience as a perfect example contrary to the theory that experience creates safety.
Below are direct quotes from the ARC study:
"Other concerns expressed by the Federal Aviation Agency (regarding over 60 pilots) included the loss of the ability to perform highly skilled tasks rapidly; resist fatigue; maintain physical stamina; perform effectively in a complex and stressful environment; apply experience, judgment, and reasoning rapidly in new, changing, and emergency situations; and learn new techniques, skills, and procedures." American Airlines got it right in 1960 as well as the ARC study of 2006.
"Older airlines with high-longevity employees would be at a competitive disadvantage to younger airlines with newly-hired employees." The airlines of today are about making money not charity work. How is that experience going to help the profit margins?
"1994: FAA Hilton Study. The accident rates of older pilots with a first class or second class airman medical certificate declined from age 40 through the early 60s, but showed a slight increase from age 65 to 69." Looks like the 65 year is less safe.
UF... if you really want to keep working, I'm sure there's some ex-pat work flying 777 in one of ICAO countries where they have a true pilot shortage we were discussing earlier.
I'm thinking Emirates or Eva or another entity like that.
Might be a way to augment your retirement.
How so?I realize you're very upset that is changing but you will benefit in later years.![]()
Thanks for your suggestion but I'm really not interested in being based overseas. My home is here and that's where I'll be.
There are still many angles to this issue.
My primary interest is flying for my company if there will be an 11th hour call from the FAA. But in any case, I have placed my order for my last crew meal before termination.
Finally, we agree with medical and flight safety experts who have studied the Age 60 Rule and have conclusively found that experience is the best indicator of how a pilot will perform when there is a crisis in the cockpit. Therefore, the ICAO standard improves safety by keeping the most experienced pilots in the air for up to an additional 5 years.
The safety argument may float if this rule was originally enacted based upon some safety data to support it. If no rule existed today, I have seen no data to support placing a limit at 60. Many who argue safety, when challenged, will quickly go back to the "you knew the rules" or " you had your chance to make the big dough, now it is my turn" arguments. If you a safety concern, you should be happy that the age limit effectively goes up by one day per day and there will always be a youngster under 60 in the cockpit.
Well Chest, The safety arguement floats better than the discrimination arguement. You can't say age 60 hasn't worked as a safe retirement age, while age 65 is just as perfectly discriminatory as 60. ANY age will always be discriminatory, ANY age will not always be safe (you can't have a 7 year old ATP!) You can not EXCLUDE the possibility this will be less safe (acknowledged by the FACT that one pilot must be <60), you CAN EXCLUDE the possibility that this is less discriminatory.
What I'm also concerned about, if this is not done right, guys like you are going to want to work until age 70. I'm monitoring the process and resisting any change that will enable an arguement for perpetual increases.
Thanks for your suggestion but I'm really not interested in being based overseas. My home is here and that's where I'll be.
There are still many angles to this issue.
My primary interest is flying for my company if there will be an 11th hour call from the FAA. But in any case, I have placed my order for my last crew meal before termination.[/quote]
Dead man walkin'.