Questions and answers regarding age 60
From: Samuel D. Woolsey
Date: September 9, 2006
Subject: Re: Question: Age60Rule.com
First Officer (FO): I have a few questions regarding the changing of the Age 60 rule here in the USA. First, I have been told that the USA is a treaty member of ICAO.
Sam Woolsey (SW): That is true. In fact, the US was one of the major forces at the creation of ICAO.
FO: ICAO will be changing their Age 60 rule to 65 in November 2006.
SW: Some corrections needed here. An ICAO "rule" is actually a "minimum standard" (minimum in the sense of safety, not age) that one State may require of (or impose on) another State's carriers and pilots, but says nothing about what a State may require of its own national carriers and pilots. The current ICAO standard for pilot age is maximum age 60 for PIC, with no maximum age limit for co-pilots. The US, on the other hand, restricts both Captains and co-pilots of its own national carriers to age 60.
Example: Canada has no maximum age limit for any of its pilots, Captains or co-pilots. The US restricts all to age 60. Under the ICAO rules, the US may (and does) restrict both PICs and co-pilots of US registered carriers to age 60, world-wide. And the US may (and does) restrict PICs (Captains) for Canadian (and all other nation's) carriers to age 60. BUT, the US may not (and does not) restrict co-pilots of Canadian carriers (or those of any other nation, for that matter) to any maximum age.
The ICAO rule to become effective in November is not simply age 65, however. The new ICAO rule will be one pilot to age 65 provided the other pilot is below 60. Thus, either the PIC or the co-pilot of foreign registered carriers will be able to fly into the US to age 65, but if either one is past 60, the other pilot (co-pilot or PIC, as the case may be) must be under 60.
But again -- this is not a regulation, but rather a minimum safety standard that one State may require of another State's carriers and pilots, but says nothing about what one State may regulate for its own national carriers and pilots.
Thus, even after November 23d, the US FAA may (and, in my view, will, unless compelled by court or Congress) keep its own rule of both pilots (Capt and co-pilot) of US carriers restricted to age 60. BUT, for foreign registered carriers and pilots (e.g., all the rest of the world) the US must accept one pilot (Capt or co-pilot) to maximum age 65 provided the other pilot (co-pilot or Capt) is under 60.
For your information, the FAA has stated publicly that it agrees with the above interpretation.
FO: Therefore, the FAA will have 30 days to file for an age 60 exemption or the ICAO Age 65 rule will be automatically implemented in the USA in November 2006. Is this True?
SW: Differences, not "exemptions": ICAO requires that a "Difference" be filed (not an exemption) when a State has a regulation that is less restrictive than the ICAO "standard." The purpose of filing this "difference" is to notify the rest of the world that the filing State enforces on its own pilots a rule that is less restrictive than the ICAO standard, thus the rest of the world is alerted to check on, thus may more easily enforce the more restrictive ICAO standard on the filing State's carriers and pilots. Examples: Canada currently files their "difference" stating that they have no maximum age limit for any pilots -- Capts or co-pilots. The US does not need to file a difference about its co-pilot rules, however, 'cause they (maximum age 60) are more restrictive than the ICAO standard of no age limit for co-pilots.
FO: Secondly, I was also told that if the USA does go to the new Age 65 rule there will be new medical standards.
SW: Currently, the ICAO standard is less restrictive than the US standard. For Captains (same as our medical Class I), the ICAO standard requires a physical only once a year. With the new (November) change, the ICAO standard will match the US -- each 6 months.
FO: I was informed that the ICAO and FAA medical standards are different and that the ICAO standards are considerably more stringent than our current FAA standards.
SW: As to the specifics - I know they are worded a bit differently -- but comparable. Certainly NOT "considerably more stringent." That is NOT the nature of the ICAO minimum standards system.
Moreover, provided Canada's (or any other nation's) regulation's (medical or otherwise) are found to satisfy the minimum ICAO standard, no other State (the US, for example) may reject them, or re-interpret them, or attempt to apply a different (i.e., their own) standard.
FO: Is this also true and if so, then can you tell me what those new medical standards will be or at least how they will differ from those we have now here in the USA?
SW: No. But then, again, the ICAO "standards" are just that -- minimum safety standards that one State may require of another State's carriers and pilots.
FO: Thank you for you time and effort, I appreciate it!
SW: MY EDITORIAL COMMENT: The questions you ask suggest that there is a huge mass of misinformation -- perhaps disinformation -- out there in the US air carrier workplace. Whether you, personally, are in favor of change -- or not -- you are wise to have asked, and thus become better informed. If there is anything -- anything -- in the above with which you disagree or do not understand, please ask for clarification. Further, you are free to share my comments with anyone, anywhere, anytime -- with or without attribution.
Please note that it’s my opinion that while votes are important for a politician, governing public policy should be reflective of fact, not greed, self-interest, or emotion. Thus, where misinformation and/or disinformation is pervasive, the politician's job is not just legislation, but also education.