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UNITED STATES OF AMERICA
FEDERAL AVIATION AGENCY
WASHINGTON, D. C.

Civil Air Regulations Amendment 40-22
Effective: March 15, 1960
Issued: December 1, 1959

PART 40——SCHEDULED INTERSTATE AIR CARRIER CERTIFICATION AND OPERATION RULES

Maximum Age Limitations for Pilots

Notice was given in Draft Releases 59—6 (24 F.R. 5247) that a proposal was under consideration to amend Parts 40, 21 and 42 of the Civil Air Regulations to provide, in part, maximum age limits for utilizations of pilots in air carrier operations by an air carrier.

It was pointed out in the draft release that the number of active air carrier pilots age 60 or over has been increasing significantly in recent years, that pilots in this age group are being employed in the carriage of a substantial number of passengers, both in piston and jet powered aircraft, and that this number will increase substantially within the next few years. Absent some limitation in the regulations, this condition could continue until a number of active pilots have, within the next 5 years, reached ages 65 to 70, and together with the then larger group over age 60 become increasingly responsible for a growing percentage of air carrier operations.

The draft release points out the reasons indicating that a hazard to safety is presented by utilization of pilots of these ages in air carrier operations. These include the fact that there is a progressive deterioration of certain important psysioloical [[physiological]] and psychological functions with age, that significant medical defects attributable to this degenerative process occur at an increasing rate as age increases, and that sudden incapacity due to such medical defects becomes significantly more frequent in any group reaching age 60.

Such incapacity, due primarily to heart attacks and strokes, cannot be predicted accurately as to any specific individual on the basis of presently available scientific tests and criteria. On the contrary, the evidences of the aging process are so varied in different individuals that is is not possible to determine accurately with respect to any individual whether the presence or absence of any specific defect in itself either led to or precluded a sudden incapacitating attack. Any attempt to be selective in predicting which individuals are likely to suffer an incapacitating attack would be futile under the circumstances and would not be medically sound. Such a procedure, in light of the knowledge that a substantial percentage of any group of persons will suffer from such attacks after reaching age 60, would therefore be ineffective in eliminating the hazard to safety involved.

This conclusion is emphasized by the fact that, in the case of one large group under medical supervision over an extended period, some 85% of the persons who had a heart attack for the first time had the attack within six months to a year after a thorough medical examination had found the individual in a condition normal to his age and without any evidence to suggest the imminence of such an attack. In addition, the general good health of an individual, or the appearance of good health, are not determinative as to whether he will suffer a heart attack from the conditions that are normal as a result of age.

Other factors, even less susceptible to precise measurement as to their effect but which must be considered in connection with safety in flight, result simply from aging alone and are, with some variations, applicable to all individuals. These relate to loss of ability to perform highly skilled tasks rapidly, to resist fatigue, to maintain physical stamina, to perform effectively in a complex and stressful environment, to apply experience, judgment and reasoning rapidly in new, changing and emergency situations, and to learn new techniques, skills and procedures. The progressive loss of these abilities generally starts well prior to age 60; and, even though they may be significant in themselves prior to age 60, they assume greater significance at the older ages when coupled with the medical defects leading to increased risk of sudden incapacitation.

The older pilots as a group fly the largest, highest-performance aircraft, carrying the greatest number of passengers over the longest non-stop distances, operating into and out of the most congested airports near the largest cities, and traveling in flight in and through traffic lanes with the highest density of air traffic. A great many of these flights involve the newest, largest, fastest and most highly powered jet aircraft. The possible hazards inherent in the older pilot's medical condition are entirely too serious to determine the question of safety by an attempt to balance the increased chances of an incapacitating attack against the possibility that the pilot might not be engaged in the carriage of a large number of passengers at the time of such an attack.

In exploring all the ramifications of the problems involved, the nature of air traffic and air carrier operations in the future has been considered. Present indications are that the very large increases that have taken place in recent years are small in relation to the increases yet to occur. Projection of the number of pilots who will be in the 60 to 70 year age group, in an era of extreme density and frequency of jet and piston air carrier operations involving many millions of passenger miles, indicates a probability of sudden incapacitation of some of these pilots in the course of flight. While medical science may at some future time develop accurate, validly selective tests which would safely allow selected pilots to fly in air carrier operations after age 60, safety cannot be compromised in the meantime for lack of such tests. This is particularly so in light of the statutory directives contained in section 601(b) of the Federal Aviation Act of 1958 that, "In prescribing standards, rules, and regulations * * * the Administrator shall give full consideration to the duty resting upon air carriers to perform their services with the highest possible degree of safety in the public interest ***", and that, "The