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PROPOSED LAW NO. 139 /X

Exhibition of Motives

In accordance with Article 37 of the Convention on International Civil Aviation, adopted

by Decree-Law No. 36158 of February 17, and ratified on April 28, 1948, the

Contracting States obligate to apply uniformly the rules and procedures

international relating to aircraft, personnel, routes and navigation support services

air that are adopted by the International Civil Aviation Organization (ICAO), at the

form of annexes to the Convention.

In this way, so far in Portugal, the sector of personnel licences, their prerogatives

and restrictions have been regulated in several diplomas on the basis of the stipulation in Annex I to

Convention, which set the limit of 60 years of age for the exercise of functions of

pilot commander of an aircraft operating in international air services

regular or in paid non-regular air transport operations, recommending

the same limit for co-pilots.

The determination of this limit had underlying the concept that there would be a risk

increased, from sudden incapacitation in flight, to the age group between the ages of 60 and 65,

which would determine the highest probability of an accident. This risk would be calculated on the basis

of increased likelihood of occurrence of cardiovascular disease and disability

cognitive.

Effectively and following this concept, several states implemented the restriction

of the 60 years for the exercise of the profession, with the aim of preventing the occurrence of

aviation accidents, attributable to the effects of the ageing of pilots. It was, in the

epoch, accept that crewmembers should have the highest standard of health as

bigger was the capacity or speed of the aircraft.

It succeeding, however, that since that time, important social changes have occurred,

has seen a technological development that has induced a quality increase in the

provision of health care to populations and consequently an increase in

life expectancy, which, inevitably, has led to a progressive reassessment of the

effects of the ageing of these professionals, morally with regard to the risk of

sudden incapacitation for the flight, taking into account these new factors, which came to

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sustain a new take-up.

This does not mean that it does not continue to be considered that with advancing age increases

the physical and mental deterioration, resulting from the so-called normal wear of the

body and the more advanced the age of the human being, the greater the probability of

occurrence of different pathologies affecting various organs and systems. However,

there is a very large individual variability with respect to this normal wear

or predisposition to diseases.

In the specific case of pilots, when one compars a group of young people with another of

older, the manifestations of the said physiological wear of the age, may be

little clear, because the workout and accumulated experience of the elders, can

compensate for small deficiencies resulting from this more advanced age.

In any case, in Portugal, the main problem for the assessment of the risk of

accident on air line pilots between the ages of 60 and 65, has been the lack of data on

the health of these after the age of 60, age from which, the majority cees no exams

doctors for medical certification effects.

However, studies carried out in other countries have shown to not exist any

difference between the risk of accident among groups of pilots aged between 60 and 65

years and other age groups.

Thus, the Joint Aviation Authorities (JAA), body associated with the Conference

European Civil Aviation and integrating the national civil aviation authorities of the

European states, underwriters of the Convées relating to the elaboration, adoption and

application of common technical standards (JAR), concluded in Cyprus, in 11 of

September 1990, they adopted the JAR-FCL 1,060 and 2,060 standards.

Indeed, through the said technical standards, the JAA admits the possibility of the

pilots (whether in a situation of commander, or as co-pilot) to be able to fly, in flight

commercial, up to the age of 65, provided that it is in multi-flight crew operations

and no other member of the flight crew (pilot commander or co-pilot) has

reached the age of 60 years, recognizing that this rule, adopted in the field of

European harmonisation of the standards of the air line pilots ' licenses, had

underlying its adoption an analysis and detailed conclusions about the risks of

accident in this age group, medical, physical and psychological criteria, which, of course,

allowed to conclude by the non-existence of any increased risk for the safety of

flight.

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Recently also the ICAO Council adopted the amendment 167 to Annex I to the

Chicago convention, which versa on personnel licensing.

The amendment now adopted comes precisely to produce amendments to the 2.1.10.1 standard and to the

recommendation 2.1.10.2 dealing with the matter concerning the fixing of the age limit

for pilots and co-pilots, respectively, in the exercise of duties in air transport

commercial.

The change produced follows the same line of guidance advocated by the JAA, i.e.

the widening of the age of commercial pilots operating in aircraft of two

pilots, in another five years, that is, up to the age of 65.

Thus and as of November 23, 2006, date of entry into force of the amendment 167

to Annex I to the Chicago Convention, the OACI standard becomes that a State

Contracting officer of a pilot licence shall not allow its holder to act

as a pilot to the commands of an aircraft used in air transport operations

international trade, if the same has reached 60 years of age or in the situations of

multiple crew if it has reached 65 years of age and in this case, as long as the other

pilot is less than 60 years old.

It is thus harmonised in the European and international plan the setting of the age limit

for the exercise of the profession of pilot, in commercial air transport.

Of this, mode, also at the national level if they are to produce the necessary changes to the

legal framework currently in force, so as to standardize it with the standards

emanating from the OACI under the Chicago Convention, of which Portugal is a party

contractor.

Thus, it is intended for the present diploma to set the 65-year limit rule for the

exercise of the profession, in respect of pilots and co-pilots, predicting, in agreement and in

compliance with the OACI standard resulting from the amendment 167 to Annex I to the Convention of

Chicago, which, since fulfilled the conditions of medical certification, the profession

can be exercised up to that age limit.

The fact that the age limit is extended for the 65 years, as long as it is observed certain

operational and medical conditions, such as the introduction of additional examinations, by

clinical indication, to pilots of the age range between the ages of 60 and 65, not

will thus constitute, according to the most recent studies, an extra risk for the safety of

flight.

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Add to that, of the countries that joined the JAA and where the FCL1.060 and 2,060 were already

implemented, Portugal is of the few to maintain the age limit of 60 years. The big one

majority of the other countries allow pilots to exercise their duties until the 65

years of age.

The maintenance of this situation in the national legal planning would thus imply a

true discrimination with respect to Portuguese pilots who would see themselves

prevented from carrying out their duties when, in other countries and under the same conditions,

such a situation will not succeed.

Finally, they must still typify the illicit of mere social ordinance established in

function of the specific objectionability of the interests to be acautelate.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Subject

The Government is granted permission to legislate on the setting of the maximum limit of

age for the exercise of duties of the commanding pilots and co-pilots of aircraft

operated in commercial public transport services of passengers, cargo or mail.

Article 2.

Sense and extent of legislative authorization

The sense and extent of the legislation to be adopted under the present authorisation

legislative are as follows:

a) Set the maximum age limit for the exercise of pilots ' duties

commanders and co-pilots of aircraft operated in transport services

commercial public of passengers, cargo or mail;

b) Extend, up to the age of 65, the age limit for the exercise of duties of the

commanding pilots and co-pilots of aircraft, upon compliance with

certain operating conditions and medical certification;

c) Establish the operational conditions in which the pilot commander or co-pilot

which has reached the age of 60 years of age may carry out its duties in

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commercial public transport, with the following sense:

i) Carry out your duties only as a member of a crew

multiple;

ii) Be the only member of the flight technical crew, pilot commander or

co-pilot, who hit the 60-year-old.

d) Establish the medical conditions in which the pilot commander or co-pilot who

has reached the age of 60 years of age may carry out its duties in transport

commercial public, with the following sense:

i) Medical certification for the purpose of maintenance or issuance of the licence

of the commanding pilots and the co-pilots who have already reached the 60

years of age shall be made taking into account the provisions of the Decree-Law n.

250/2003, of October 12 and still substantiated by means of examinations

additional medical practitioners, requested by clinical indication, required

ensure a medical decision based on the absence of disease that can

to call into question the safety of the flight.

ii) The certification issued pursuant to the preceding paragraph shall have the validity

maximum of 6 months, without prejudice to the fulfilment of deadlines of

lower medical check that come to be fixed

administratively by the competent authority in the matter of certification

medical.

Article 3.

Duration

The present legislative authorization has the duration of 90 days, counted from the date of its

entry into force.

Seen and approved in Council of Ministers of May 3, 2007

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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In accordance with Article 37 of the Convention on International Civil Aviation, adopted

by Decree-Law No. 36158 of February 17, and ratified on April 28, 1948, the

Contracting States obligate to apply uniformly the rules and procedures

international relating to aircraft, personnel, routes and navigation support services

air that are adopted by the International Civil Aviation Organization (ICAO), at the

form of annexes to the Convention.

In this way, so far in Portugal, the sector of personnel licences, their prerogatives

and restrictions have been regulated in several diplomas on the basis of the stipulation in Annex I to

Convention, which set the limit of 60 years of age for the exercise of functions of

pilot commander of an aircraft operating in international air services

regular or in paid non-regular air transport operations, recommending

the same limit for co-pilots.

The determination of this limit had underlying the concept that there would be a risk

increased, from sudden incapacitation in flight, to the age group between the ages of 60 and 65,

which would determine the highest probability of an accident. This risk would be calculated on the basis

of increased likelihood of occurrence of cardiovascular disease and disability

cognitive.

Effectively and following this concept, several states, implemented the restriction

of the 60 years for the exercise of the profession, with the aim of preventing the occurrence of

aviation accidents, attributable to the effects of the ageing of pilots. It was, in the

epoch, accept that crewmembers should have the highest standard of health as

bigger was the capacity or speed of the aircraft.

It succeeding, however, that since that time, important social changes have occurred,

has seen a technological development that has induced a quality increase in the

provision of health care to populations and consequently an increase in

life expectancy, which, inevitably, has led to a progressive reassessment of the

effects of the ageing of these professionals, morally with regard to the risk of

sudden incapacitation for the flight, taking into account these new factors, which came to

sustain a new take-up.

This does not mean that you do not continue to consider that with advancing age increases

the physical and mental deterioration, resulting from the so-called normal wear of the

body and the more advanced the age of the human being, the greater the probability of

7

occurrence of different pathologies affecting various organs and systems. However,

there is a very large individual variability with respect to this normal wear

or predisposition to diseases.

In the specific case of pilots, when one compars a group of young people with another of

older, the manifestations of the said physiological wear of the age, may be

little clear, because the workout and accumulated experience of the elders, can

compensate for small deficiencies resulting from this more advanced age.

In any case, in Portugal, the main problem for the assessment of the risk of

accident on air line pilots between the ages of 60 and 65, has been the lack of data on

the health of these after the age of 60, age from which, the majority cees no exams

doctors for the purpose of medical certification.

However, studies carried out in other countries, have shown to not exist any

difference between the risk of accident among groups of pilots aged between 60 and 65

years and other age groups.

Thus, the Joint Aviation Authorities (JAA), body associated with the Conference

European Civil Aviation and integrating the national civil aviation authorities of the

European states, underwriters of the Convées relating to the elaboration, adoption and

application of common technical standards (JAR), concluded in Cyprus, in 11 of

September 1990, they adopted the JAR-FCL 1,060 and 2,060 standards.

Indeed, through the said technical standards, the JAA admits the possibility of the

pilots (whether in a situation of commander, or as co-pilot) to be able to fly, in flight

commercial, up to the age of 65, as long as they do so in crew operations

multiple and no other member of the flight crew (pilot commander or co-pilot)

has reached the age of 60 years, recognizing that this rule, adopted in the field

of the European harmonisation of the standards of the air line pilots ' licenses, had

underlying its adoption an analysis and detailed conclusions about the risks of

accident in this age group, medical, physical and psychological criteria, which, of course,

allowed to conclude by the non-existence of any increased risk for the safety of

flight.

Recently also the ICAO Council adopted the amendment 167 to Annex I to the

Chicago convention, which versa on personnel licensing.

The amendment now adopted comes precisely to produce amendments to the 2.1.10.1 standard and to the

recommendation 2.1.10.2 dealing with the matter concerning the fixing of the age limit

8

for pilots and co-pilots, respectively, in the exercise of duties in air transport

regular and non-regular international remunerated.

The change produced follows the same line of guidance advocated by the JAA, i.e.

the broadening of the age of commercial pilots in another five years, i.e. up to the 65

years, when they operate aircraft of two pilots in commercial air transport.

Thus and as of November 23, 2006, date of entry into force of the amendment 167

to Annex I to the Chicago Convention, the OACI standard becomes that a State

Contracting officer of a pilot licence shall not allow its holder to act

as a pilot to the commands of an aircraft used in air transport operations

international trade, if the same has reached 60 years of age or in the situations of

multiple crew, if it has reached 65 years of age and in this case, as long as the other

pilot is less than 60 years old.

It is thus harmonised in the European and international plan the setting of the age limit

for the exercise of the profession of pilot, in commercial air transport.

Of this, mode, also at the national level if they are to produce the necessary changes to the

legal framework currently in force, so as to standardize it with the standards

emanating from the OACI under the Chicago Convention, of which Portugal is a party

contractor.

Thus, it is intended for the present diploma to set the 65-year limit rule for the

exercise of the profession, in respect of pilots and co-pilots, predicting, in agreement and in

compliance with the OACI standard resulting from the amendment 167 to Annex I to the Convention of

Chicago, which, since fulfilled the conditions of medical certification, the profession

can be exercised up to that age limit.

The fact that the age limit is extended for the 65 years, as long as it is observed certain

operational and medical conditions, such as the introduction of additional examinations, by

clinical indication, to pilots of the age range between the ages of 60 and 65, not

will thus constitute, according to the most recent studies, an extra risk for the safety of

flight.

Add to that, of the countries that joined the JAA and where the FCL1.060 and 2,060 were already

implemented, Portugal is of the few to maintain the age limit of 60 years. The big one

majority of the other countries allow pilots to exercise their duties until the 65

years of age.

The maintenance of this situation in the national legal planning would thus imply a

9

true discrimination with respect to Portuguese pilots who would see themselves

prevented from carrying out their duties when, in other countries and under the same conditions,

such a situation will not succeed.

Finally, they typify the illicit of mere social ordering established in function of the

specific objectionability of the interests to be acautelate.

The present diploma has been subject to public appreciation upon publication in the separata n.

_ of the Bulletin of Work and Employment , from _ of ___ of ___.

They were, still, heard from the trade union associations and representative operators of the

interests in presence.

Thus:

In the use of the legislative authorization granted by the Law No ___/___ and in the terms of the

points a) and b) of Article 198 (1) of the Constitution, the Government decrees the following:

Article 1.

Object and scope of application

The present diploma sets the maximum age limit for the exercise of the functions of

pilot commanding and co-pilot of aircraft operated in transport services

public commercial passenger, cargo or mail order.

Article 2.

Age limit

Without prejudice to the provisions of Articles 3 and 4, the commanding pilots and co-pilots

may exercise their duties in commercial public transport of passengers, cargo

or mail until they reach the 65-year-old.

Article 3.

Operating conditions

The pilot commander or co-pilot who has reached the age of 60 years of age may exercise

its functions in commercial public transport of passengers, cargo or mail, since

that are cumulatively met the following operating conditions:

a) Exercise your duties only as a member of a multiple crew;

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b) Be the only member of the flight technical crew, pilot commander or co-

pilot, who has reached the age of 60 years.

Article 4.

Medical certification

1-A medical certification for the purpose of maintenance or issuance of the pilots ' licence

commanders and co-pilots who have already reached the 60-year-old must be

issued taking into account the provisions of the Decree-Law No 250/2003 of October 11 and

still grounded by recourse to additional medical examinations, necessary to ensure

a medical decision based on the non-existence of the disease that may call into question

flight safety.

2-A certification issued in the terms of the previous number has the maximum validity of 6

months, without prejudice to the fulfilment of lower medical check deadlines than

come to be set administratively by the competent entity in respect of

medical certification.

Article 5.

Surveillance

1-Compete to INAC scrutinize the fulfillment of the provisions of this degree, without

injury to the supervisory powers of supervision assigned by law to others

entities, which must communicate to INAC the result of their activity.

2-The operator, as well as the pilot commander and the co-pilot shall provide the INAC

all the necessary elements for the audit, within 15 days in a row

counted as of the date of the respective solicitation.

Article 6.

Processing of counter-ordinations

1-Compete to INAC, pursuant to the Decree-Law No. 133/98 of May 15, amended

by the Decree-Law No. 145/2002 of May 21, to institute and instruct the processes of

counter-ordinance, as well as proceeding with the application of the fines and penalties

accessory.

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2-The counter-ordinations provided for in this diploma apply to the scheme of the

civil aeronautical counterordinations, approved by Decree-Law No. 10/2004, 9 of

January.

Article 7.

Counter-ordering

1-For the purposes of applying for the regime of the civil aviation ordinances,

approved by Decree-Law No. 10/2004 of January 9, constitute against

very serious ordering:

a) The violation, on the part of the operator, of the pilot commander or the co-pilot, of the

operating conditions provided for in points a) and b) of Article 3;

b) The violation, on the part of the operator, of the pilot commander or the co-pilot, of the

obligation to carry out the additional examination requested in the terms of the article

4., as well as the default of periodicity for the verifications

doctors provided for in paragraph 2 of that legal provision.

2-For the purposes of applying for the regime of the civil aviation ordinances,

approved by Decree-Law No. 10/2004 of January 9, constitutes against ordinance

serious the non-supply to INAC, by the operator, of the pilot commander or

of the co-pilot, of all the elements necessary for the surveillance, in violation of the

provisions of Article 5 (2)

3-For the purposes of applying for the regime of the civil aviation ordinances,

approved by Decree-Law No. 10/2004 of January 9, constitutes against ordinance

take the default, on the part of the operator, of the pilot commander or the co-pilot,

of the period set out in Article 5 (2).

4-A negligence and the attempt are punishable.

Article 8.

Ancillary sanctions

1-Under the terms set out in Section II of Chapter II, of the Decree-Law No. 10/2004, 9 of

January and in Article 21 of the General Regime of the Counter-Ordinations, approved Decree-

Law No 433/82 of October 27, as amended by the Decree-Law

n ° 244/95 of September 1 and by Law No. 109/2001 of December 24, the INAC

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may determine the application of the following ancillary sanctions:

a) Suspension of the licence of the pilot pilot or co-pilot up to two years,

concurrent with the application of the fine corresponding to counterordinance

provided for in paragraph a) of Article 7 (1);

b) Suspension of the licence of the pilot commander or co-pilot, simultaneously

with the application of the fine corresponding to the contracted counter-ordinance in the

point ( b) of Art. 7 (1) until the time of the examinations or

of the medical checks provided there.

2-A punishment for counter-ordinance may be advertised in the terms provided for in the article

13. of the Decree-Law No. 10/2004 of January 9.

Article 9.

Commission of follow-up

1-A monitoring Commission of the impact of the widening of the limit of

age of pilots covered by this diploma, specifically, at the level

doctor and the technical proficiency of them, in the exercise of the profession.

2-A The Commission operates for an extended period of at least five years,

and shall draw up annual reports, of which it gives knowledge, in particular, to the

tutelage from the commercial civil aviation sector.

3-Where the Commission intends to deepen the studies that substantiate the report

annual, can create specialized technical subcommittees, which work under your

dependence, for time, strictly necessary for the pursuit of the objective

established.

4-A The Commission and the specialized technical subcommittees may, if so

understand, apply for studies and opinions to national and international experts in the

concerning the subjects of their competence.

5-A The Commission provided for in paragraph 1 shall consist of five elements:

a) A representative of the National Institute of Civil Aviation, IP, which coordinates;

b) A doctor, with recognized knowledge and experience in medicine

aeronautics, proposed by the representative of the National Aviator Institute

Civil, I. P., and approved by unanimity of the remaining elements of the

Commission;

c) A representative of the pilots, designated by the Union of the Pilots of the

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Civil Aviation (SPAC);

d) A representative of the air transport companies, designated by the

Portuguese Association of Operators of Aircraft

(APORTAR);

e) A representative of the Ministry of Labor and Social Solidarity, of the

area of Working Conditions.

Article 10.

Abrogation standard

It is repealed the Regulatory Decree No. 46/77 of July 4.

Article 11.

Entry into force

This decree-law shall come into force on the day following that of its publication.

Seen and approved in Council of Ministers of

The Prime Minister

The Minister of Labour and Social Solidarity

The Minister of Public Works, Transport and Communications