by Matt Barr

Rule requiring more young, green commercial pilots in the skies affirmed

The Court today refused to grant cert to a pilot's group appealing a Circuit Court case upholding a Federal Aviation Administration rule barring commercial airlines from using pilots over 60.

The regulation, which was adopted during the 1950s, automatically bars airline pilots from flying after they reach 60, regardless of their health. A group of 12 pilots called that discriminatory and said their competency and health should be considered when deciding their ability to fly.

The pilots' appeal was backed by low-fare carrier Southwest Airlines, which argued in a friend-of-the-court filing that FAA data shows older pilots are "as safe as, and in some cases safer than, their younger colleagues."

"The 1950s-era age 60 rule, coupled with the FAA's rigid implementation of it, arbitrarily deprives Southwest Airlines of some of its best pilots at the peak of their careers," the airline wrote.

It's pure nannyism and government by four out of five experts. There's no special interest constituency which would push for this rule or for it to remain in place. The skies are more dangerous because businesses like Southwest willing to employ experienced pilots over 60 can't, and need to give their routes to younger, less experienced flyers. The rule shouldn't be overturned in court, but should be repealed by a government concerned about safety and at least tangentially in favor of free markets.

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