Essex-based freelance helicopter pilot Captain Ian Evans is challenging the U.K. CAA’s ruling banning pilots aged over 60 from flying single crew public transport. Evans reached his 60th birthday in April and immediately filed industrial tribunal papers under the age discrimination legislation.

“The CAA have told the court that they need to bring so many expert witnesses that the trial will last two weeks; that being the case it cannot be heard until March 2008,” says Evans. “Not only have they denied me the opportunity of seeking justice at the earliest opportunity, they may well have put this case out of my financial reach. Costs are never awarded to either side at the industrial tribunal and, although I am absolutely confident of winning my case, it will be tough to afford my own legal costs for ten days when I had budgeted for two.”

In order to bring this action at all, Evans has raised nearly £6,000 in pledges from members of the helicopter community. He says: “Helicopter pilots are much more affected by the ‘Age 60’ rule than their fixed wing counterparts as so much public transport helicopter work is, necessarily, single pilot. Nevertheless there are significant numbers of fixed wing drivers who will be affected and their support would be very welcome.”

Evans first raised the matter with the CAA over four years ago. “As recently as a year ago the indications were that they would look favourably upon a change in the single pilot rule from 60 to 65,” Evans reports. “The recent ICAO meeting seems to have changed their minds, however, and they now say that there is ‘international consensus’ that the risk factors over 60 are not acceptable.” More likely, in Captain Evans view, is that this is a “sop to those states that have prevented anyone at all over 60 operating in their airspace.” 

Evans would welcome support pledges of £100 or more. “Most supporters have pledged through the PPRuNe web site Rotorheads section which makes their support very public but those wishing to remain anonymous can do so at ianevans60@google.com

The CAA said in a statement to EBAN: “Safety is the CAA’s first priority. Part of the CAA’s medical assessment of any pilot is the risk of them becoming incapacitated while flying and this is particularly relevant to single pilot operations. Although pilots undergo regular medical examinations, the risk of incapacitation increases with age. The CAA complies fully with internationally agreed regulations on the upper age limit for commercial air transport operations.”

But it added: “The CAA constantly reviews its policies on age limits and has been a driving force in obtaining the recent international change to the upper age for multi-crew pilots from 60 to 65. Private recreational pilots are not restricted by an upper age limit.”

Captain Ian Evans, who gained his Army Air Corps Wings in March 1974, says the CAA threatens to deprive him of a job he loves. Evans is a very experienced pilot who is challenging the CAA’s ruling banning pilots aged over 60 from flying single crew public transport.

He was a flight commander on Sioux and Gazelle with the British Army overseas. Then he obtained an ATPL and worked in Eire, France

and Scotland for six years for a private owner with B206 and Hughes 369. “It enabled me to enjoy a fabulous variety and experience of civilian flying, but the family was growing up and it became time to return to the U.K.”

He set up three new AOC operations in the next four years, the last for Thurston Aviation at Stansted. Evans then helped get a new inter-hospital air ambulance service called Careflight off the ground. It operated with a range of both fixed and rotary wing aircraft to transfer seriously ill patients between hospitals.

“These days I try to specialise in aerial camera work and I’m lucky enough to have a tremendous group of clients. Recently I’ve covered the 2004 Olympics in Athens, the Live 8 Concert in Hyde Park, the movies Hot Fuzz and The Bourne Ultimatum, TV’s How They Built Britain and, just recently, I covered the World Mountain Bike Championships for BBC 2.”

But: “Of course now I’m 60, I have to be very careful about exactly what I can achieve within the CAA’s rules – no public transport is

allowed for the single pilot – and just about all light helicopters are flown single. Although I’m challenging this ridiculous piece of legislation through the industrial tribunal, the CAA have seen fit to delay the hearing as long as possible and, in the meantime, I need to earn a living.”

He was commissioned to take film at Fort William in a Twin Squirrel. “I was OK for the camera side, of course for me to fly passengers would have been illegal, so I had to find a younger pilot to fly the passengers while the camera was driven up to Scotland (taking 10 hours) and installed once we got there. I produced three days of highly demanding aerial camera work, the results of which were televised on Sunday, 9 September.”

Evans has been told that his coverage of the Olympics, all televised events held outside the arenas such as marathon, cycling, triathlon, and the opening and closing ceremonies, was trailblazing.

“I was assured the results had helped transform the way that these particular sports were appreciated making the whole of all the races available to viewers at home and on the big screen at the event, for the first time.”

Evans says: “I ask myself just whom the CAA think they are protecting by forbidding me to fly the passengers. I have routinely flown a camera over central London and, when I was not doing aerial work, I have routinely flown helicopter owners and their guests.

“When, four years ago, I first asked the question of the CAA ‘What will you do about age discrimination legislation when it’s put on the Statute books?”, I was eventually told that there was every intention to bring aviation law in line with common law. Since the last ICAO meeting, however, the mood has changed completely and I wonder what deals were done and with which countries to protect the airlines at the expense of guys like me.”

Evans says his case will be heard in March next year. “The CAA have told the tribunal that their case against my claim is so complex and requires so many witnesses that two weeks are needed to hear it all. Seems to me that think they can bully me out of this altogether given that they understand me to be totally self funding. Well they can’t. I’ll be there whether it takes 10 hours or 10 days I’m certain I’ll win.”

EASA expects its responsibilities to be extended to rule making activities in the areas of operations and flight crew licensing in 2008.

The current JAR-FCL (Joint Aviation Requirements - Flight Crew Licensing) requirements concerning the "curtailment of privileges" of licence holders aged 60 years or more, state that, for commercial air transport, a pilot aged between 60 and 64 must be accompanied by a second pilot who is aged under 60.

Pilots aged 65 or over are not allowed to fly commercial air transport operations in countries that have adopted the JAR-FCL requirements.

The national aviation authorities for the EASA member states (27 EU member countries and four additional members, Iceland, Norway, Switzerland and Liechtenstein) will continue to use JAR-FCL up until EASA has legal competence. Some EASA member states adopted JAR-FCL but introduced changes to age limitations for pilots and filed differences with ICAO (e.g. pilots in France, Italy and Portugal can only fly commercial air transport operations until the age of 60).

Once EASA's responsibilities are extended to rule making in the area of operations and flight crew licensing, its decision and implementing rules will be binding to all 31 EASA member states.

EASA says it currently expects that the existing JAR-FCL requirements will be merged with some changes to the new EASA implementing rules. Other parts of the existing requirements will be adjusted accordingly.

From 23 November 2006 the ICAO Annex 1 rules on pilot age effectively became the same as those for the JAR-FCL. All JAA member states (with the exception of France, Italy, Portugal and Hungary) comply entirely with the "age rule" for pilots of aircraft engaged in commercial air transport.

These rules state:

(a) Age 60-64. The holder of a pilot licence who has attained the age of 60 years shall not act as a pilot of an aircraft engaged in commercial air transport operations except as a member of a multi-pilot crew and provided that the holder is the only pilot in the flight crew who has attained age 60.

(b) Age 65. The holder of a pilot licence who has attained the age of 65 years shall not act as a pilot of an aircraft engaged in commercial air transport operations.

Four member states have filed a national variant to these rules.

France and Italy: For multi-crew operations, France and Italy will accept flights into or over flights of its airspace by aircraft engaged in commercial air transport with a pilot aged over 60 but less than 65 years provided the other pilot is aged less than 60 years. Different rules apply to pilots operating for a French or Italian AOC. They will continue to be restricted to age 60 for the time being.

Portugal: Portugal applies the same rule as France except that it refers to pilots of aircraft registered in Portugal instead of referring to those with a Portuguese AOC.

Hungary: Hungary is moving to an age limit of 62 for Hungarian pilots. Otherwise, Hungary places no restriction on the pilots' age for flights into or over flights of its airspace.