In 2010, the U.S.
Congress passed a bill
titled the “Airline
Safety and Federal
Administration Extension
Act of 2010” requiring
first officers in FAR
Part 121 operations to
hold an Airline
Transport Pilot (ATP)
certificate. This bill,
which was signed into
law as Public Law
111-216, may also have
the effect of requiring
all U.S. airline pilots
to hold a first-class
medical and to be at
least 23 years old. A
degree of uncertainty
surrounds this issue for
the entire industry,
because the FAA is
expected to publish new
regulations that expand
upon and clarify the law
before it goes into
effect.
The law gave the
airlines three years to
comply with this new
provision, so it will
take effect on August 2,
2013. Accordingly,
unless the FAA modifies
the regulations
regarding the
requirements of the ATP,
pilots not holding an
ATP by that deadline may
not be permitted to fly
for a carrier in Part
121 operations.
However, per the
law’s provisions, the
FAA last year published
a notice of proposed
rulemaking to modify and
create a new “restricted
privileges” ATP. The
proposed FARs included a
requirement that all
pilots serving in Part
121 operations be
type-rated in the
aircraft flown. It would
also give flight-hour
reductions to earn the
restricted privileges
ATP by pilots who are at
least 21 years old and
have military flight
experience or
professional flight
training from an
accredited university.
ALPA supported these
provisions, but also
called on the agency to
“grandfather” those
pilots who are currently
flying in FAR 121
operations so their
employment will continue
uninterrupted beyond the
August 2, 2013,
deadline. We understand
that the FAA may also
qualify pilots for the
“restricted” ATP if they
are at least 21 and have
at least 1,500 hours
flight time without
military qualifications
and without formal
flight training through
a college or university.
The FAA has not yet
published a final rule
on these issues, but it
is anticipated to come
out very close to the
August 2, 2013,
legislative deadline.
The FAA has approved
changes to airline
training programs so
pilots can be issued an
ATP and type-rating
during recurrent
training. Some airlines,
but not all, have been
very proactive and are
helping their
commercial-certificate
holders obtain both of
these authorizations in
advance of the
requirement.
Furthermore, the FAA
has indicated that all
Part 121 pilots will be
exercising ATP
privileges on August 2,
2013, and may thus be
required to hold a valid
first-class medical.
Pilots not holding a
valid first-class
medical should endeavor
to obtain it before that
deadline in order to be
in compliance with the
current law in the event
that FAA does not
address the matter in
regulation by the August
2nd deadline. A
first-class medical is
valid for a period of 1
year for pilots under
the age of 40 and valid
for 6 months for those
age 40 or older.
ALPA continues to
encourage the FAA to
ensure that the
employment status of
current airline pilots
not be altered by the
2010 law, but it is
incumbent upon affected
pilots to be fully aware
of what may transpire on
August 2, 2013, and to
prepare accordingly.
ALPA will pass along
additional information
on this important
subject as it becomes
available. |