June 18, 2001

Captain Duane Woerth, President
Air Line Pilots Association, International
535 Herndon Parkway
P.O. Box 1169
Herndon, VA 20170

Dear Captain Woerth:

You are fighting a good fight. You are spending millions of dollars. You have representatives swarming over the Hill. But you are going to lose. The Age 60 Rule is going to be repealed. Repeal is long overdue, and this time - more than ever before - the FAA knows it, pilots know it, passengers know it, and our senators and congressmen - whose offices acknowledge that the majority of the calls and letters and faxes they receive favor repeal (despite ALPA's best and costliest efforts) - know it.

Unlike the 1979 House attempt to overturn the Rule, the 2001 effort has scientific data to support a change. In addition to the 1993 Hilton Study, the FAA's most recent study,1 commissioned by the United States Senate specifically to address the safety of pilots aged 60-63, shows that among those pilots with an ATP rating and a Class 1 medical, there was no difference in safety comparing the pilots 60-63 with any other age group. There are two very significant features of this particular arm of the study: First, the composition of this study population was limited to the population of interest - those pilots who could be airline Captains by the very nature of their rating and medical clearance. The group did not include pilots with lesser qualifications. Second, the 60-63 year old airline pilots in this study, by virtue of their age and the Age 60 Rule, were limited to then-Part 135 operations. It is acknowledged as fact - based on industry statistics - that Part 135 operations are less safe than Part 121 operations. That this cohort of older pilots was as safe as any younger group of pilots, while flying in riskier operations, speaks particularly well of their abilities and safety record.

I know you like to quote previous failed legal challenges to the Rule. And in light of the recent scientific evidence showing that there is no logical reason to maintain the Age 60 Rule, I'd do the same if I were you,

because it's the only argument you have left. But you're on sinking sand. Those challenges failed not because the jurists felt there was merit in the Rule itself - indeed, they have acknowledged the Rule for the age discrimination that it is - but rather because the courts must favor the FAA on this issue based on the language of the FAA Act. Surely ALPA knows this best, having a distinguished 20-year history of challenging the FAA to repeal the Rule on 8 different occasions prior to 1979!

It's really time to stop frightening your membership with scary stories of unnecessarily prolonged working lives and reduced pensions. We both know that the tax language can be changed to continue to allow 60-year-old pilots to retire comfortably (those who are able to do so, that is). It's also time to stop referring to the Rule as a necessary safety standard. In this "robust market economy" the industry is scrambling for pilots, willing to accept young pilots with minimal experience while our most experienced Captains are turned away. Does that sound safe to you?

I cordially invite you to meet with me at your convenience to discuss the Age 60 Rule. ALPA should have every opportunity to get on the right side of this issue, and you can make this happen.

Sincerely,

Robin Wilkening, MD, MPH

Medical Advisor, Pilots Against Age Discrimination

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1 Broach D, Joseph KM, Schroeder D. An Analysis of Professional Air Transport Pilot Accident Rates by Age. FAA Civil Aeromedical Institute. AAM-00-A-HRR-520. July 21, 2000.