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Age 65 on fast track

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Andy

12/13/2012
Joined
Nov 28, 2001
Posts
3,101
S 1300, the FAA Authorization Bill, has emerged from committee and been reported to the Senate with the text of S 65 attached to it.
Long story short, it appears that the age will change to 65 within 30 days after enactment of S 1300.

To verify this, you need to go to thomas.loc.gov. On that website, you'll see a box in the center where you can search bill text. Type in S 1300 and switch from word/phrase to bill number.
Once you have S 1300, scroll down to section 706. Here's the text of section 706:
SEC. 706. MODIFICATION OF FAA'S AGE-60 STANDARD.


  • (a) In General- A pilot who has attained 60 years of age may serve as a pilot of an aircraft operated by an air carrier engaged in operations under part 121 of title 14, Code of Federal Regulations, until attaining 65 years of age only if the pilot serves--
    • (1) as a required pilot in multi-crew aircraft operations; and
    • (2) with another pilot serving as a required pilot in such multi-crew aircraft operations who has not yet attained 60 years of age.
  • (b) Sunset of Age-60 Rule-
    • (1) IN GENERAL- On and after the effective date described in subsection (e), section 121.383(c) of title 14, Code of Federal Regulations shall have no further force or effect.
    • (2) REGULATIONS- Not later than 30 days after the effective date described in subsection (e), the Secretary of Transportation shall take such action as may be necessary to implement paragraph (1) and to modify the regulations relating to pilot privileges by reason of age.
  • (c) Applicability- The provisions of subsection (a) shall not provide a basis for a claim of seniority under any labor agreement in effect between a recognized bargaining unit for pilots and an air carrier engaged in operations under part 121 of title 14, Code of Federal Regulations, that is made by a person who was a pilot and who attained 60 years of age before the effective date described in subsection (e) and is seeking a position as a pilot with such air carrier following that person's termination or cessation of employment or promotion or transfer to another position with such air carrier pursuant to section 121.383(c) of title 14, Code of Federal Regulations, as in effect on the day before the effective date described in subsection (e).
  • (d) GAO Report After Modification of Age-60 Standard- Not later than 24 months after the effective date described in subsection (e), the Comptroller General of the United States shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives concerning the effect on aviation safety, if any, of the modification of the age standard contained in subsection (a).
  • (e) Effective Date- This section shall take effect on the date that is 30 days after the date of the enactment of this Act.
 
But I thought it was going to be 2-3 years before it went through?
 
But I thought it was going to be 2-3 years before it went through?

That would be the case with the NPRM. With this language now attached to the FAA Authorization Bill, it will go into effect 30 days after enactment of the FAA Authorization Bill. I am assuming that the text of this will not be stripped from the FAA Authorization Bill AND that the FAA Authorization Bill passes before the 110th Congress adjourns (all bills not passed prior to adjournment die when Congress adjourns). Don't get your hopes up on the bill dying; the 110th won't adjourn until ~Dec 2008.
 
  • (b) Sunset of Age-60 Rule-



  • (c) Applicability- The provisions of subsection (a) shall not provide a basis for a claim of seniority under any labor agreement in effect between a recognized bargaining unit for pilots and an air carrier engaged in operations under part 121 of title 14, Code of Federal Regulations, that is made by a person who was a pilot and who attained 60 years of age before the effective date described in subsection (e) and is seeking a position as a pilot with such air carrier following that person's termination or cessation of employment or promotion or transfer to another position with such air carrier pursuant to section 121.383(c) of title 14, Code of Federal Regulations, as in effect on the day before the effective date described in subsection (e).

At least there is a line in there preventing anyone from coming back. I had come to terms with age 60 changing but I was worried about a situation where people who have already retired or training center folks trying to get back on the line.
 
(c) Applicability- The provisions of subsection (a) shall not provide a basis for a claim of seniority under any labor agreement in effect between a recognized bargaining unit for pilots and an air carrier engaged in operations under part 121 of title 14, Code of Federal Regulations, that is made by a person who was a pilot and who attained 60 years of age before the effective date described in subsection (e) and is seeking a position as a pilot with such air carrier following that person's termination or cessation of employment or promotion or transfer to another position with such air carrier pursuant to section 121.383(c) of title 14, Code of Federal Regulations, as in effect on the day before the effective date described in subsection (e).

It doesn't prevent a pilot from getting his old seniority number. The union and company could still allow a pilot to come back with their old seniority number. Airline politics would most likely prevent this, but I wouldn't say this bill prevents it.

It appears this bill would allow an over 60 flight engineer to go back to the left seat. Does Fed Ex, UPS, or any other airline still have many over age 60 Flight Engineers.
 
It appears this bill would allow an over 60 flight engineer to go back to the left seat. Does Fed Ex, UPS, or any other airline still have many over age 60 Flight Engineers.

No, because the flight engineer position is not a pilot position. It states that if you reach age 60 and take a job other than pilot, you do not have automatic right to return to a pilot position.


shall not provide a basis for a claim of seniority ...a person who was a pilot and who attained 60 years of age before the effective date described in subsection (e) and is seeking a position as a pilot with such air carrier following that person's termination or cessation of employment or promotion or transfer to another position with such air carrier ...
 
In my limiting ability to comprehend congressional legalese but I read it saying if you are over 60 on the effective date your done.

Then will come the lawsuits.
 
FAA reviews Oberstar Report

Up to 10% of all medicals issued may have false information!

Oberstar will be looking into the paperwork medical if this age issue changes.

After the medical standards change and the reporting standards start ketching all the liars, the total number booted out of the cockpit will be far greater than those not retiring.

Also the FAA reauthorization bill is going to be highly controversial with its funding based on a user fee system. I am not so sure S1300 will ever pass.



AW&ST

The FAA is now reviewing the House Transportation Committee report that urges the agency develop a process to identify pilots who falsify medical data for fear of being denied an Airman Medical Certificate.
When the FAA failed to act on recommendations in a Jan 2005 Transportation Inspector General (IG) report, Committee Chairman Rep. James Oberstart (D-Minn) launched an investigation, with findings issued Mar 27. The IG found "egregious" cases of pilots who concealed disqualifying medical conditions and the taking of medications for them when applying for the certificate. The IG recommeded the FAA work with disability benefits providers to develop a strategy allowing for spot checks to identify offending pilots and for the FAA to punish non-compliance.
The IG report says that in a sampling of 40,000 pilots in northern CA, 3,200 held valid medical certificates while collecting disability benefits--45 were prosecuted, but the IG says hundreds more would have been detected if "resources had not been constrained."
None of the pilots who were prosecuted were flying for passerger airlines, says an FAA official, who added that the 40,000 sampled were among a total 650,000-pilot population. "The FAA worked very closely with the Transportation Dept. IG on those CA cases where pilots were receiving disability or other benefits while stating that they were fit to fly,"she adds. Specifically, the agency's deputy flight surgeon in Los Angleles spent"80% of his time for two years" in support of the DOT IG investigation.
The FAA insists that it "has not seen data to support the notion that falsification of airman medical certification applications is rampant," as the IG's and Oberstarts committee reports support. "The FAA will carefully review Rep Oberstart's report, but there are serious issues with the government's access to medical records and the Privacy Act."
 

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