Reps. Scholten, Bresnahan Introduce Bipartisan Fatigued Pilot Protection Act to Improve Aviation Safety
WASHINGTON, DC – Today, U.S. Congresswoman Hillary Scholten (D-MI-03), alongside Congressman Rob Bresnahan (R-PA-08), introduced the Fatigued Pilot Protection Act to close a long-standing gap in aviation safety rules and ensure all commercial pilots operate under the same rest standards. Under current law, cargo pilots are held to different rest and duty limits than passenger pilots, a loophole known as the “cargo carveout.” While both fly in the same airspace and face the same safety risks, only passenger pilots are guaranteed modern, science-based protections against fatigue.
“The bottom line is simple: tired pilots put lives at risk, including their own,” said Rep. Scholten. “Whether a plane is carrying people or cargo, pilot fatigue is dangerous in the skies. No pilot should be asked to fly while exhausted, and no family should worry that outdated rules put safety second. We’ve known for years that rest matters, and our aviation safety rules should reflect that. This bill makes sure every commercial pilot has the rest they need to keep our skies safe.”
“Airline safety should apply to everyone, whether a pilot is flying people or packages,” said Rep. Bresnahan. “As a pilot myself, I know fatigue is a proven safety risk, and when pilots are pushed beyond safe limits, it puts their crews, communities on the ground, and the entire aviation system at risk.”
“The introduction of this bill ensures that the FAA’s flight duty and rest requirements equally apply to both all-cargo carriers and passenger carriers alike,” said Independent Pilots Association President, Captain Robert Travis. “Thank you to Representatives Scholten and Bresnahan for recognizing this dangerous commercial aviation safety gap by seeking to end the 'cargo carve out' and bring FAR Part 117 back in line with the original intent of Congress; one level of safety for U.S. aviation.”
In 2014, the Federal Aviation Administration implemented updated rules, known as FAR Part 117, to limit how long passenger pilots can fly and require adequate rest between shifts. These rules were based on decades of research on sleep, fatigue, and how the human body responds to long and irregular work hours. It was the first major update to pilot rest standards in more than 60 years and was prompted by several deadly crashes where fatigue played a role.
Cargo pilots were originally included in these updated standards, but were ultimately excluded before the rule took effect. As a result, the aviation system now operates under two different safety standards. The Fatigued Pilot Protection Act would eliminate the cargo carveout and apply the same flight time and rest requirements to cargo pilots as passenger pilots, creating one clear, consistent safety standard across commercial aviation.
The risks of this double standard are real. In 2013, a cargo plane crashed shortly after takeoff in Birmingham, Alabama, killing two crew members. Investigators later found that pilot fatigue was a contributing factor, and cockpit recordings captured the crew discussing how exhausted they were just before the flight. More recently, in 2025, a tragic cargo plane crash–although not related to pilot fatigue in particular–illustrated how safety across the airspace is critical to the well-being of all pilots, crews, and consumers.
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