Key Benefits:
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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
2
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.
3
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.
4
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