PUBLIC LAW 110–135—DEC. 13, 2007 

FAIR TREATMENT FOR EXPERIENCED PILOTS 

ACT 


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121 STAT. 1450 PUBLIC LAW 110–135—DEC. 13, 2007 

Public Law 110–135 

110th Congress 

An Act 

To amend title 49, United States Code, to modify age standards for pilots engaged 

in commercial aviation operations. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Fair Treatment for Experienced 

Pilots Act’’. 

SEC. 2. AGE STANDARDS FOR PILOTS. 

(a) IN GENERAL.—Chapter 447 of title 49, United States Code, 

is amended by adding at the end the following: 

‘‘§ 44729. Age standards for pilots 

‘‘(a) IN GENERAL.—Subject to the limitation in subsection (c), 

a pilot may serve in multicrew covered operations until attaining 

65 years of age. 

‘‘(b) COVERED OPERATIONS DEFINED.—In this section, the term 

‘covered operations’ means operations under part 121 of title 14, 

Code of Federal Regulations. 

‘‘(c) LIMITATION FOR INTERNATIONAL FLIGHTS.— 

‘‘(1) APPLICABILITY OF ICAO STANDARD.—A pilot who has 

attained 60 years of age may serve as pilot-in-command in 

covered operations between the United States and another 

country only if there is another pilot in the flight deck crew 

who has not yet attained 60 years of age. 

‘‘(2) SUNSET OF LIMITATION.—Paragraph (1) shall cease to 

be effective on such date as the Convention on International 

Civil Aviation provides that a pilot who has attained 60 years 

of age may serve as pilot-in-command in international commercial operations without regard to whether there is another 

pilot in the flight deck crew who has not attained age 60. 

‘‘(d) SUNSET OF AGE 60 RETIREMENT RULE.—On and after the 

date of enactment of this section, section 121.383(c) of title 14, 

Code of Federal Regulations, shall cease to be effective. 

‘‘(e) APPLICABILITY.— 

‘‘(1) NONRETROACTIVITY.—No person who has attained 60 

years of age before the date of enactment of this section may 

serve as a pilot for an air carrier engaged in covered operations 

unless— 

‘‘(A) 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 

49 USC 40101 

note. 

Fair Treatment 

for Experienced 

Pilots Act. 

Dec. 13, 2007 

[H.R. 4343] 


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PUBLIC LAW 110–135—DEC. 13, 2007 121 STAT. 1451 

‘‘(B) 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. 

‘‘(2) PROTECTION FOR COMPLIANCE.—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 this section in conformance with 

section 121.383(c) of title 14, Code of Federal Regulations (as 

in effect before such date of enactment), 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. 

‘‘(f) AMENDMENTS TO LABOR AGREEMENTS AND BENEFIT

PLANS.—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. 

‘‘(g) MEDICAL STANDARDS AND RECORDS.— 

‘‘(1) MEDICAL EXAMINATIONS AND STANDARDS.—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 

Secretary determines (based on data received or studies published after the date of enactment of this section) that different 

medical standards, or different, greater, or more frequent medical examinations, are needed to ensure an adequate level of 

safety in flight. 

‘‘(2) DURATION OF FIRST-CLASS MEDICAL CERTIFICATE.—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. 

‘‘(h) SAFETY.— 

‘‘(1) TRAINING.—Each air carrier engaged in covered operations shall continue to use pilot training and qualification 

programs approved by the Federal Aviation Administration, 

with specific emphasis on initial and recurrent training and 

qualification of pilots who have attained 60 years of age, to 

ensure continued acceptable levels of pilot skill and judgment. 

‘‘(2) LINE EVALUATIONS.—Not later than 6 months after 

the date of enactment of this section, and every 6 months 

thereafter, an air carrier engaged in covered operations shall 

evaluate the performance of each pilot of the air carrier who 

has attained 60 years of age through a line check of such 

pilot. Notwithstanding the preceding sentence, an air carrier 

shall not be required to conduct for a 6-month period a line 

check under this paragraph of a pilot serving as second-incommand if the pilot has undergone a regularly scheduled 

simulator evaluation during that period. 

Deadlines. 


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121 STAT. 1452 PUBLIC LAW 110–135—DEC. 13, 2007 

LEGISLATIVE HISTORY—H.R. 4343: 

CONGRESSIONAL RECORD, Vol. 153 (2007): 

Dec. 11, considered and passed House. 

Dec. 12, considered and passed Senate. 

Æ 

‘‘(3) GAO REPORT.—Not later than 24 months after the 

date of enactment of this section, the Comptroller General 

shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate a 

report concerning the effect, if any, on aviation safety of the 

modification to pilot age standards made by subsection (a).’’. 

(b) CLERICAL AMENDMENT.—The analysis for chapter 447 of 

title 49, United States Code, is amended by adding at the end 

the following: 

‘‘44729. Age standards for pilots.’’. 

Approved December 13, 2007. 


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