S 4452
Let Experienced Pilots Fly Act
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Bill overview
The Let Experienced Pilots Fly Act amends regulations to raise the retirement age for commercial airline pilots to 67 years old. Air carriers can choose to maintain a retirement age of 70 for their pilots, but this decision must be made in writing and cannot be reversed. The bill also clarifies covered operations and addresses how existing pilots meeting current standards will be treated, ensuring continued employment and protecting them from liability related to age-based changes.
Key provisions
- Raises the minimum retirement age for commercial airline pilots to 67.
- Allows air carriers to opt-in to a 70-year-old retirement age for their pilots.
- Defines ‘covered operations’ to include specific types of air carrier operations.
- Addresses the treatment of pilots already meeting current age requirements.
- Specifies that pilots will not face different medical standards or examinations solely due to age, unless required by the FAA based on safety data.
- Requires air carrier and pilot representative agreement for changes to labor agreements related to the new age requirements.
- Mandates continued use of FAA-approved pilot training and qualification programs.
- Provides protection from liability for actions taken in compliance with the new regulations.
Who is affected
- Commercial airline pilots
- Air carriers (airlines)
- Federal Aviation Administration (FAA)
- Flight deck crew members
- Pilots’ unions and representatives
Sponsors
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Primary sponsor
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119th CONGRESS — 2d Session
S. 4452
IN THE SENATE OF THE UNITED STATES
A BILL
To amend title 49, United States Code, to raise the retirement age for pilots engaged in commercial aviation operations, and for other purposes.
This Act may be cited as the Let Experienced Pilots Fly Act
.
Section 44729 of title 49, United States Code, is amended to read as follows:
shall take effect 1 year after the date of delivery of written notice of the election; and
may not be terminated after the date on which such election takes effect by the air carrier.
In this section, the term covered operations means operations—
the territorial airspace of a foreign country where such operations are prohibited by the foreign country; or
international airspace where such operations are not in compliance with the Annexes to the Convention on International Civil Aviation; or
holds an air carrier certificate issued pursuant to part 119 of title 14, Code of Federal Regulations, to conduct operations under part 135 of such title;
holds management specifications under subpart K of title 91 of title 14, Code of Federal Regulations; and
performed an aggregate total of at least 75,000 turbojet operations in calendar year 2019 or any subsequent year.
On and after the date of enactment of the
Let Experienced Pilots Fly Act
, subsections (d) and (e) of section 121.383 of title 14, Code of Federal Regulations, shall be deemed to have been amended to increase the age listed in such subsections to 67 years of age.No person who has attained 65 years of age before the date of enactment of the
Let Experienced Pilots Fly Act
may serve as a pilot for an air carrier engaged in covered operations unless—such person is in the employment of that air carrier in such operations on such date of enactment as a required flight deck crew member; or
such person is newly hired by an air carrier as a pilot on or after such date of enactment without credit for prior seniority or prior longevity for benefits or other terms related to length of service prior to the date of rehire under any labor agreement or employment policies of the air carrier.
An action taken in conformance with this section, taken in conformance with a regulation issued to carry out this section, or taken prior to the date of enactment of the
Let Experienced Pilots Fly Act
in conformance with subsection (d) or (e) of section 121.383 of title 14, Code of Federal Regulations (as in effect before such date), may not serve as a basis for liability or relief in a proceeding, brought under any employment law or regulation, before any court or agency of the United States or of any State or locality.Any amendment to a labor agreement or benefit plan of an air carrier that is required to conform with the requirements of this section or a regulation issued to carry out this section, and is applicable to pilots represented for collective bargaining, shall be made by agreement of the air carrier and the designated bargaining representative of the pilots of the air carrier.
Except as provided by paragraph (2), a person serving as a pilot for an air carrier engaged in covered operations shall not be subject to different medical standards, or different, greater, or more frequent medical examinations, on account of age unless the Administrator of the Federal Aviation Administration determines (based on data received or studies published after the date of enactment of the
Let Experienced Pilots Fly Act
) that different medical standards, or different, greater, or more frequent medical examinations, are needed to ensure an adequate level of safety in flight.No person who has attained 60 years of age may serve as a pilot of an air carrier engaged in covered operations unless the person has a first-class medical certificate. Such a certificate shall expire on the last day of the 6-month period following the date of examination shown on the certificate.
Each air carrier engaged in covered operations shall continue to use pilot training and qualification programs approved by the Federal Aviation Administration.