Legal Interpretations
Black-Air Canada 2009
Summary
The Question
May foreign air carriers overfly U.S. airspace, or use U.S. airports as planned alternates, with a pilot in command over age 60?
Background
Air Canada's law branch asked about the Age 60 Rule. ICAO raised the pilot in command age limit for multi-pilot international commercial air transport to 65 in 2006, and a 2007 statute raised the 14 CFR part 121 limit to 65.
The FAA’s Interpretation
Yes, if the pilot is under 65. The U.S. has applied the ICAO standard since its adoption, allowing foreign air carrier pilots under 65 to operate over U.S. airspace, including using U.S. airports as planned alternates. The 2007 Fair Treatment for Experienced Pilots Act nullified the Age 60 Rule in 14 CFR 121.383(c). The FAA has imposed no age limit on foreign air carrier pilots serving as second in command.
- Requester
- Black
- Organization
- Air Canada
- Issued
- June 19, 2009
- Subject
- Air Carrier & Commercial Operations
Regulations Cited
Page 1
U.S. Department
of Transportation
Federal Aviation
Ad ministration
JUN 1 9 2009
Jennifer Black, Esq.
Air Canada Law Branch-Zip 1276
P.O. Box 7000, Station Airport
Dorval, Quebec H4Y 112 Canada
Ms. Black:
Office of the Chief Counsel 800 Independence Ave ., S.W .
Washington. D.C. 20591
The FAA is responding to your request for a legal interpretation of the "Age 60 Rule." You asked whether FAA regulations permit foreign air carriers to (1) fly over United States airspace with a pilot-in-command over the age of 60 while en route to foreign destinations or (2) use U.S. airports as planned alternate airports when the pilot-in-command is over the age of60.
On November 23, 2006, the International Civil Aviation Organization adopted a rule increasing the age limit for pilots-in-command conducting international commercial air transport operations with more than one pilot, from age 60 to age 65. As a member state, the U.S. has applied the ICAO standard since its adoption, and the FAA has allowed foreign air carrier pilots under the age of 65 to conduct operations over U.S. airspace, including U.S airports as planned alternates.
On December 13, 2007, the President signed into law the Fair Treatment for Experienced Pilots Act, which raised the upper age limit for pilots operating under Title 14 of the Code of Federal Regulations (14 CFR) part 121. The Act raised the age limit from age 60 to age 65 for pilots conducting air transportation operations, and it nullified§ 121.383(c) of the Federal Aviation Regulations, otherwise known as the Age 60 Rule. The Act does contain a restriction that if a pilot-in-command conducting international operations under part 121 is over the age of 60, that pilot must be paired with a second- in-command who is under the age of 60. These provisions are consistent with the ICAO standard, and are now codified at Title 49 of the United States code, Section 44729. The FAA is in the process of amending its regulations to reflect the statutory provisions.
As to pilots serving as second-in command, ICAO has recommended that member states do not allow those pilots to conduct international air transport com~ercial operations once they have reached 65 years of age. However, ICAO has issued that guidance as a recommendation and not a standard, and the FAA has not imposed an age limit for foreign air carrier pilots serving as second-in-command.
Page 2
We trust that the above responds to your concerns. If you need further assistance, please contact my staff at (202) 267-3073. This response was prepared by Angela Washington of the Regulations Division of the Office of the Chief Counsel and coordinated with the International Programs and Policy Division of the Flight Standards Service.
Sincerely,
~cj-h/~
Rebecca B. MacPherson
Assistant Chief Counsel for Regulations, AGC-200
Regulations Referenced
Snapshot retrieved August 6, 2026.