Authorizes The Government To Legislate On The Maximum Age For The Exercise Of Functions Of Pilots And Co-Pilots Commanders Of Aircraft Operated In Public Transport Services Of Commercial Passengers, Cargo Or Mail

Original Language Title: Autoriza o Governo a legislar sobre a fixação do limite máximo de idade para o exercício de funções dos pilotos comandantes e co-pilotos de aeronaves operadas em serviços de transporte público comercial de passageiros, carga ou correio

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c3342776244457a4f5331594c6d527659773d3d&fich=ppl139-X.doc&Inline=false

1 PROPOSAL of law No. 139/X explanatory memorandum in accordance with article 37 of the Convention on International Civil Aviation, adopted by Decree-Law No. 36158, of 17 February and ratified on 28 April 1948, the Contracting States undertake to apply uniformly the international rules and procedures relating to aircraft, personnel, routes and air navigation support services that are adopted by the International Civil Aviation Organisation (ICAO) , in the form of annexes to the Convention. In this way, so far, in Portugal, the sector of personal licenses, privileges and restrictions have been regulated in various degrees on the basis set out in annex I to the Convention, which established the limit of 60 years of age for the exercise of functions of pilot-in-command of an aircraft operating in scheduled international air services or in air transport operations non-remunerated regular recommending the same limit for co-drivers. The determination of this limit had the underlying concept that there would be an increased risk of sudden incapacitation in flight, for the age group between 60 and 65 years, which would determine the probability of an accident. This risk is calculated on the basis of increased likelihood of cardiovascular disease and cognitive impairment. Effectively and as a result of this concept, several States implemented the restriction of 60 years to the practice of the profession, with the objective of preventing the occurrence of accidents, attributable to the effects of aging pilots. Was, at the time, accepted that the crew should have the highest standard of health the higher was the capacity or speed of the aircraft.

However, since that time, there have been important social changes, a technological development that induced an increase of quality in the delivery of health care to the populations and consequently an increase in life expectancy, which inevitably led to a gradual revaluation of the aging effects of these professionals, in particular with regard to the risk of sudden incapacitation for flight taking into account these new factors, 2 support a new position. This does not mean we do not continue to consider that with advancing age increases the physical and mental deterioration as a result of the so-called normal wear of the organism and the more advanced for the age of the human being, the greater the likelihood of different pathologies that affect several organs and systems. However, there is a very large individual variability for this normal wear or predisposition to disease. In the specific case of the pilots, when comparing a group of young people with other elders, the demonstrations of that physiological age wear, can be a little sharp, because the training and experience of older, can compensate for minor shortcomings arising out of this older age. Anyway, in Portugal, the main problem for the assessment of the risk of accident in airline pilots between 60 and 65 years, has been the lack of data on the health of these after the 60 years age from which most don't do medical exams for certification medical effects. However, studies carried out in other countries have shown there is no difference between the risk of injury among groups of riders between the ages of 60 and 65 years, and other age groups.

Thus, the Joint Aviation Authorities (JAA), associated with the European Civil Aviation Conference and integrating the national civil aviation authorities of European States, contributors of the Arrangements relating to the preparation, adoption and application of the common technical standards (JAR), concluded in Cyprus on 11 September 1990, adopted the standards JAR-FCL 1,060 and 2,060. Indeed, through such technical standards, the JAA admit the possibility of the pilots (both in situation of Commander or as Copilot) could fly in commercial flight, up to 65 years of age, as long as it's in multiple crew operations and any other Member of the crew of flight (pilot-in-command or co-pilot) has reached the age of 60 years, recognizing that this rule adopted in the field of European harmonisation of standards of airline pilots, had underlying your adoption a detailed analysis and conclusions about the risk of accidents in this age group, medical, physical and psychological criteria, which of course made it possible to conclude that there is no increased risk to flight safety. 3 Recently the Council of ICAO adopted amendment 167 annex I to the Chicago Convention, which deals with the personnel licensing. The amendment now adopted comes precisely the changes produce 2.1.10.1 and 2.1.10.2 recommendation dealing with the matter concerning the fixing of an age limit for pilots and co-pilots, respectively, in the exercise of functions in commercial air transport. The change produced follows the same approach advocated by the JAA, i.e. the extension of the age of commercial pilots operating in two aircraft pilots, in another five years, i.e. until the age of 65 years.


So and from 23 November 2006, date of entry into force of the amendment 167 annex I to Chicago Convention, ICAO standard is that a Contracting State of a pilot's license issuer must not allow your holder acts as a pilot at the controls of an aircraft used in international commercial air transport operations If it has reached 60 years of age or in situations of multi-manning if has reached 65 years of age and in this case, since the other pilot has less than 60 years of age. It is, thus, harmonised at European level and international fixing the age limit for the practice of the profession of pilot, in commercial air transport. Of this, also at national level must produce the necessary amendments to the legal framework currently in force, in order to align it with the standards issued by the ICAO, in accordance with the Chicago Convention, of which Portugal is a Contracting Party. Thus, it is intended with this Decree-Law fix the rule of 65 years to limit the exercise of the profession, for pilots and co-pilots, predicting, in accordance and in compliance with the standard ICAO resulting from amendment 167 annex I to the Chicago Convention, which, since the conditions of medical certification, the profession can be exercised until that age limit. The fact that the age limit be extended to 65 years, since observed certain medical and operating conditions, such as the introduction of additional tests for clinical indication, the riders of the age group between 60 and 65 years, shall not constitute, as well, according to the latest studies, an extra risk to flight safety.

4 in addition, the countries that joined the JAA and where the JAR-FCL 1,060 and 2,060 has already been implemented, Portugal is one of the few to keep the age limit of 60 years. The vast majority of other countries allows pilots to exercise their functions until the age of 65 years of age. The maintenance of this situation in the national legal system would imply a real discrimination in relation to Portuguese pilots would be prevented from performing his duties when, in other countries and under the same conditions, this is not the case. Finally, it should also criminalize the mere social ordering unlawful established depending on specific interests the reprehensibility beware. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: Article 1 subject-matter is granted the Government permission to legislate on the maximum age for the exercise of functions of pilots and co-pilots commanders of aircraft operated in public transport services passenger commercial , cargo or mail.

Article 2 purpose and extent of legislative authorization the sense and the extension of the legislation to be approved under this legislative authorization are as follows: a) to set the maximum age for the exercise of functions of pilots and co-pilots commanders of aircraft operated in public transport services of commercial passengers, cargo or mail; b) Extend up to 65 years, the age limit for the exercise of functions of pilots and co-pilots of aircraft commanders, upon the fulfilment of certain operational conditions and medical certification; c) establish operational conditions in which the pilot-in-command or co-pilot who has reached 60 years of age may perform their duties in public transport commercial 5, with the following meaning: i) perform their functions only as a member of a multiple crew; II) being the only member of the technical crew of flight, pilot-in-command or co-pilot, who has reached 60 years of age. d) establish medical conditions in which the pilot-in-command or co-pilot who has reached 60 years of age may perform their duties in public transport, shopping with the following sense: i) medical certification for the purposes of maintenance or issuing pilots ' license and Commander of the co-pilots who have reached 60 years of age must be made having regard to the provisions of Decree-Law No. 250/2003 of 12 October and still grounded by use of additional medical examinations requested by clinical indication, required to ensure that a medical decision based on lack of disease that can jeopardize flight safety. II) certification issued pursuant to paragraph 1 must have the maximum validity of 6 months, without prejudice to compliance with time-limits for medical check below which may be fixed administratively by the competent medical certification.

Article 3 Duration the present legislative authorization lasts for 90 days from the date of your entry into force.

Seen and approved by the Council of Ministers of 3 May 2007 Prime Minister the Minister of Parliamentary Affairs Minister Presidency 6 in accordance with article 37 of the Convention on International Civil Aviation, adopted by Decree-Law No. 36158, of 17 February and ratified on 28 April 1948, the Contracting States undertake to apply uniformly the international rules and procedures relating to aircraft , staff, routes and air navigation support services that are adopted by the International Civil Aviation Organisation (ICAO), in the form of annexes to the Convention. In this way, so far, in Portugal, the sector of personal licenses, privileges and restrictions have been regulated in various degrees on the basis set out in annex I to the Convention, which established the limit of 60 years of age for the exercise of functions of pilot-in-command of an aircraft operating in scheduled international air services or in air transport operations non-remunerated regular recommending the same limit for co-drivers. The determination of this limit had the underlying concept that there would be an increased risk of sudden incapacitation in flight, for the age group between 60 and 65 years, which would determine the probability of an accident. This risk is calculated on the basis of increased likelihood of cardiovascular disease and cognitive impairment. Effectively and as a result of this concept, several States implemented the restriction of 60 years to the practice of the profession, with the objective of preventing the occurrence of accidents, attributable to the effects of aging pilots. Was, at the time, accepted that the crew should have the highest standard of health the higher was the capacity or speed of the aircraft.


However, since that time, there have been important social changes, a technological development that induced an increase of quality in the delivery of health care to the populations and consequently an increase in life expectancy, which inevitably led to a gradual revaluation of the aging effects of these professionals, in particular with regard to the risk of sudden incapacitation for flight taking into account these new factors, support a new position. This does not mean that we do not continue to consider that with advancing age increases the physical and mental deterioration as a result of the so-called normal wear of the organism and the more advanced for the age of the human being, the greater the probability of occurrence of 7 different pathologies that affect several organs and systems. However, there is a very large individual variability for this normal wear or predisposition to disease. In the specific case of the pilots, when comparing a group of young people with other elders, the demonstrations of that physiological age wear, can be a little sharp, because the training and experience of older, can compensate for minor shortcomings arising out of this older age. Anyway, in Portugal, the main problem for the assessment of the risk of accident in airline pilots between 60 and 65 years, has been the lack of data on the health of these after the 60 years age from which most don't do medical examinations for the purpose of medical certification. However, studies carried out in other countries, have shown there is no difference between the risk of injury among groups of riders between the ages of 60 and 65 years, and other age groups.

Thus, the Joint Aviation Authorities (JAA), associated with the European Civil Aviation Conference and integrating the national civil aviation authorities of European States, contributors of the Arrangements relating to the preparation, adoption and application of the common technical standards (JAR), concluded in Cyprus on 11 September 1990, adopted the standards JAR-FCL 1,060 and 2,060. Indeed, through such technical standards, the JAA admit the possibility of the pilots (both in situation of Commander or as Copilot) could fly in commercial flight, up to 65 years of age, provided they do so in multiple crew operations and any other Member of the crew of flight (pilot-in-command or co-pilot) has reached the age of 60 years Recognizing that this rule, adopted in the field of European harmonisation of standards of airline pilots, had underlying your adoption a detailed analysis and conclusions about the risk of accidents in this age group, medical, physical and psychological criteria, which of course made it possible to conclude that there is no increased risk to flight safety. Recently the Council of ICAO adopted amendment 167 annex I to the Chicago Convention, which deals with the personnel licensing. The amendment now adopted comes precisely the changes produce 2.1.10.1 and 2.1.10.2 recommendation dealing with the matter concerning the fixing of the 8 age limit for pilots and co-pilots, respectively, in the exercise of functions in regular international air transport and no regular remuneration. The change produced follows the same approach advocated by the JAA, i.e. the extension of the age of commercial pilots in five more years, i.e. until the age of 65 years, when operating two aircraft pilots in commercial air transport.

So and from 23 November 2006, date of entry into force of the amendment 167 annex I to Chicago Convention, ICAO standard is that a Contracting State of a pilot's license issuer must not allow your holder acts as a pilot at the controls of an aircraft used in international commercial air transport operations If it has reached 60 years of age or in situations of multi-Manning, if has reached 65 years of age and in this case, since the other pilot has less than 60 years of age. It is, thus, harmonised at European level and international fixing the age limit for the practice of the profession of pilot, in commercial air transport. Of this, also at national level must produce the necessary amendments to the legal framework currently in force, in order to align it with the standards issued by the ICAO, in accordance with the Chicago Convention, of which Portugal is a Contracting Party. Thus, it is intended with this Decree-Law fix the rule of 65 years to limit the exercise of the profession, for pilots and co-pilots, predicting, in accordance and in compliance with the standard ICAO resulting from amendment 167 annex I to the Chicago Convention, which, since the conditions of medical certification, the profession can be exercised until that age limit. The fact that the age limit be extended to 65 years, since observed certain medical and operating conditions, such as the introduction of additional tests for clinical indication, the riders of the age group between 60 and 65 years, shall not constitute, as well, according to the latest studies, an extra risk to flight safety. Moreover, the countries that joined the JAA and where the JAR-FCL 1,060 and 2,060 has already been implemented, Portugal is one of the few to keep the age limit of 60 years. The vast majority of other countries allows pilots to exercise their functions until the age of 65 years of age. The maintenance of this situation in the national legal system would thus 1 9 real discrimination in relation to Portuguese pilots would be prevented from performing his duties when, in other countries and under the same conditions, this is not the case. Finally, typify the mere social ordering unlawful established depending on specific interests the reprehensibility beware. The present law was subject to public appreciation through publication in the reprint number _ of labor and employment, of _ _ _ _ _ _ _. Were also heard the unions and representative of operators in the presence. So: the use of legislative authorization granted by law n° ___/___ and pursuant to points (a)) and b) of paragraph 1 of article 198 of the Constitution, the Government decrees the following: Article 1 subject-matter and scope of this Decree-Law establishes the maximum age for the performance of the duties of pilot-in-command and co-pilot to aircraft operated in public transport services passenger commercial , cargo or mail.

Article 2 age limit


Without prejudice to articles 3 and 4, the pilots and co-pilots commanders can exercise their functions in public transport of passengers, freight or commercial mail until they reach the age of 65.

Article 3 operating Conditions the pilot-in-command or co-pilot who has reached 60 years of age may perform their duties in public transport of passengers, freight or commercial mail, provided that the following conditions are fulfilled: (a) operational) Exercise its functions only as a member of a multiple crew; 10 b) is the only member of the technical crew of flight, pilot-in-command or co-pilot, who has reached 60 years of age.

Article 4 1 medical Certification-medical certification for the purposes of maintenance or issuance of the license of the pilots and co-pilots commanders who have reached 60 years of age should be issued taking into account the provisions of Decree-Law No. 250/2003, of 11 October and still grounded by use of additional medical examinations, required to ensure that a medical decision based on lack of disease that can jeopardize flight safety. 2-the certification issued in accordance with the provisions of the preceding paragraph has the maximum validity of 6 months, without prejudice to compliance with time-limits for medical check below which may be fixed administratively by the competent medical certification.

Article 5 Surveillance 1-competes to the INAC oversee the compliance with the provisions of this law, without prejudice to the powers of oversight assigned by law to other entities, which shall report to INAC as a result of your activity. 2-the operator, as well as the pilot-in-command and the co-pilot must provide to INAC all elements necessary for the supervision, within 15 days from the date of their request.

Article 6 processing of offences 1-competes to the INAC, pursuant to Decree-Law No. 133/98, of 15 may, amended by Decree-Law No. 145/2002, of 21 may, set up and instruct a misdemeanour procedures, as well as to proceed to the application of fines and penalties. 11 2-offenses provided for in this decree-law applies the system of civil aviation offences, approved by Decree-Law No. 10/2004 of 9 January.

Article 7 administrative offences 1-for the purposes of the application of the system of civil aviation approved Ordinances against by Decree-Law No. 10/2004 of 9 January, are against very serious offences: a) the breach, on the part of the operator, the pilot-in-command or co-pilot, operating conditions laid down in (a)) and (b)) of article 3; b) violation by the operator, the pilot-in-command or co-pilot, the obligation to perform the additional examination required pursuant to article 4, as well as the failure of the periodicity for medical checks provided for in paragraph 2 of that statutory provision. 2-for the purposes of the application of the system of civil aviation approved Ordinances against by Decree-Law No. 10/2004 of 9 January, is against ordering serious failure to INAC by the operator, the pilot-in-command or co-pilot, of all information necessary for the supervision, in violation of the provisions of paragraph 2 of article 5 3-for the purposes of the application of the system of civil aviation Ordinances against approved by Decree-Law No. 10/2004 of 9 January, is against ordination take the failure, on the part of the operator, the pilot-in-command or co-pilot, the time limit laid down in paragraph 2 of article 5 4-neglect and the attempt is punishable.

Article 8 sanctions 1-under the conditions laid down in section II of chapter II of Decree-Law No. 10/2004 of 9 January and in article 21 of the General system of administrative offences adopted Decree-Law No. 433/82 of 27 October, as amended by Decree-Law No. 244/95, September 1, and by law No. 109/2001 , 24 December, the INAC 12 can determine the application of the following penalties: a) suspension of the license of the pilot-in-command or co-pilot up to two years, simultaneously with the application of the fine corresponding to the administrative offense referred to in (a)) of paragraph 1 of article 7; b) suspension of the license of the pilot-in-command or co-pilot, simultaneously with the application of the fine corresponding to the administrative offense referred to in paragraph b) of paragraph 1 of article 7, to the moment of carrying out surveys or medical checks there laid down. 2-the punishment for a misdemeanour may be publicised in accordance with article 13 of Decree-Law No. 10/2004 of 9 January.

Article 9-1 Monitoring Committee is created a Commission to monitor the impact of the extension of the age limit of the pilots covered by this regulation, in particular, to medical and technical proficiency level, in the exercise of the profession. 2-the Commission works for a period of at least five years and must prepare annual reports, of which gives knowledge, inter alia, the supervision of the commercial civil aviation sector. 3-where the Commission intends to deepen the studies underlying the annual report, you can create specialized, technical subcommittees operating under your dependency, by the time strictly necessary to achieve the objective set. 4-the Commission and the specialised technical subcommittees can, if they wish, apply for studies and advice to national and international experts in relation to matters within your competence. 5-the Commission referred to in paragraph 1 is composed of five elements: a) a representative of the National Civil Aviation Institute, IP, which coordinates; b) A doctor, with recognized expertise and experience in aviation medicine, proposed by the representative of the National Civil Aviation Institute, i. p., and unanimously approved by the remaining elements of the Commission; c) a representative of the pilots, appointed by the Union of Civil Aviation 13 (SPAC); d) A representative of air transport companies, designated by the Portuguese Association of companies of aircraft Carriers (LAND); e) a representative of the Ministry of labour and Social solidarity, in the area of working conditions.

Article 10 set Standard is revoked the Regulatory Decree No. 46/77 of 4 July.

Article 11 entry into force this law shall enter into force on the day following your publication.

Seen and approved by the Council of Ministers of the Prime Minister, the Minister of labour and Social solidarity


The Minister of public works, transport and communications