sexta-feira, 6 de agosto de 2021

SHARING OF PILOT RECORDS AMONG PILOT EMPLOYERS – YOU’LL BE UNDER CONTROL

 


SOURCE: FAA AC No: 120-68J, Pilot Records Database and Pilot Records Improvement Act

Air carriers must begin using the PRD for FAA record evaluations no later than Dec. 7, 2021, and for all other records no later than June 10, 2022. Air carriers must upload historical records starting on June 12, 2023 and no later than Sept. 9, 2024, with the compliance date dependent on the age of the individual historical record.  Until Sept. 9, 2024, it may be necessary to obtain and review pre-hire records using both PRIA and PRD processes. 

3.3 PRIA Background. On October 9, 1996, the President approved the Federal Aviation Reauthorization Act of 1996 (the Act). The Act amended 49 U.S.C. to reauthorize programs of the FAA and to effect certain changes, including pilot records. The law is commonly referred to as PRIA and is contained in Section 502 of Public Law (PL) 104-264, Federal Aviation Reauthorization Act of 1996. PRIA was enacted primarily as a result of certain accidents attributable to pilot error. In some of those cases, the subsequent employer found that the pilots had previous histories of poor performance, but the background of these pilots had not been checked. PRIA was amended to make clarifications and relieve air carriers of unnecessary burdens. These amendments to PRIA are in 49 U.S.C. § 44703(h), (i), and (j).

3.3.2 Pilot Records Database (PRD). The Airline Safety and Federal Aviation Administration Extension Act of 2010 (the Act) amended PRIA and required the FAA to create the PRD. The PRD is required to contain pilot records dating from August 1, 2005 for FAA certification events, enforcement records, pilot employment history, training data, and 6/28/21 AC 120-68J 3-2 drug and alcohol testing records. Once the transition period is complete, the PRD will replace PRIA. Until full implementation of the PRD, PRIA remains in effect. Therefore, air carriers and other operators who employ pilots must continue to provide pilot records to an air carrier or air operator seeking information on an individual pilot in accordance with PRIA. PRIA requires air carriers to evaluate all available pilot records prior to making a hiring decision. See paragraph 2.10 for information about how the PRD can be used to comply with portions of PRIA.

3.4.2 Determining Whether PRIA Applies to You When Hiring a Pilot.

Checklist to determine whether PRIA requires you to request records for a pilot.

3.4.2.1 Are you an air carrier or operator conducting operations in accordance with 14 CFR part 91 subpart K (part 91K), 121, 125, or 135?

3.4.2.2 Do you engage in air transportation, as defined in 49 U.S.C. § 40102(a)(5)?

You engage in air transportation if you provide:

6/28/21 AC 120-68J

• Foreign air transportation (flag operation),

• Air transportation on an interstate basis, or

• Transportation of U.S. mail.

Note: Notwithstanding the above comments, all operators should consider voluntarily requesting PRIA records and any other records that may be available.

[…]

3.5 Company Records vs. PRIA Records. Pilot employers typically maintain records that exceed the scope of records to which PRIA applies. Such records are referred to as “company records,” whereas the records maintained and provided by operators in accordance with PRIA are referred to as “PRIA records.” The difference between the record types can easily create confusion among those involved during review.

3.5.1 Company records are events or actions memorialized by an air carrier or operator to document compliance with a statute or regulation or those maintained through a company’s own initiative. These records typically consist of documented training and qualification events, performance, and employment-related activities during the period

6/28/21 AC 120-68J

that an individual is employed by a company as a pilot. Many company records exceed the scope of PRIA.

3.5.2 PRIA records are a collection of company records memorialized by a current or former employer during the previous 5 years from the date of the request that meet the policy outlined in this AC and the requirements of 49 U.S.C. § 44703(h). These records are used to assist an air carrier or operator in making a hiring determination. PRIA records are not forwarded from a receiving air carrier to another requesting air carrier through a future PRIA records request.

3.5.3 When a pilot is seeking employment with an employer that is required to review records in accordance with PRIA, the employer will request records from the pilot’s current and/or previous employers. The previous employers will then assemble copies of the appropriate records for the past 5 years.

3.5.4 Once the company records have been assembled by the current and/or former employers of the pilot applicant, at that point, that subset of company records become PRIA records.

3.5.5 Those PRIA records will be archived and maintained completely separate from the hiring air carrier or operator’s company records. PRIA records received through a PRIA records request should never be actively used again, other than for inspection and review by that company’s Principal Operations Inspector (POI).

3.5.6 PRIA records received as a result of a PRIA records request should never be included in an employer’s own company records when that employer receives a subsequent PRIA records request. The company holding the PRIA records must respond to a PRIA records request only from their company records and never forward another company’s PRIA records as part of the records sharing process.

[…]

3.6.1 Initiation. The hiring employer initiates the process.

3.6.2 PRIA Records Request. Both the pilot-applicant and the hiring employer complete the PRIA records request forms.

3.6.3 Employer. The hiring employer sends the request forms to the:

• FAA,

• National Driver Register (NDR), and

• Current and previous employers.

3.6.4 Response. Respondents answer the PRIA records requests.

3.6.5 Review. All pilots/applicants may review records submitted about them to the FAA, NDR, and current and previous employers.

3.6.6 Evaluation. The hiring employer reviews and evaluates the results.

3.6.7 Records Maintenance. The hiring employer maintains all PRIA-related records.

[…]

3.9 Information for the Pilot-Applicant.

3.9.1 Pilot-Applicant’s Tasks During PRIA Records Request Process. If you are an individual who is applying for a job as a pilot, your hiring employer will initiate the PRIA records request process. Per 49 U.S.C. § 44703(h)(5) and (6), the hiring employer must first notify you in writing that it will request records about you and obtain your written consent by signature.

3.9.1.1 Complete PRIA Records Request Forms.

3.9.1.1.1 The hiring employer or a DA will provide several forms to request

PRIA-related records from the previous 5 years only. You will complete and

sign these forms to grant your consent for the FAA, your previous

employer(s), and the NDR to release your records.

3.9.1.1.2 The Aviation Data Systems Branch will provide information concerning your current airman medical certificate. It will also give information on your current airman certificates indicating level, category, class, and associated type ratings, including any limitations to those certificates and ratings. From the previous 5-year period, the FAA will also summarize any closed legal enforcement actions against you that resulted in findings of violations that were not subsequently overturned. However, the FAA will report any formal

6/28/21 AC 120-68J

closed certificate actions on file, such as suspensions, civil penalties, or

revocations indefinitely.

3.9.1.1.3 The hiring employer will ask your previous employer(s) to provide records pertaining to you, except for those related to flight time, duty time, or rest time. A previous employer will provide records on your performance as a pilot concerning your training, qualifications, proficiency, and professional competence, including any comments or evaluations by check airmen; any disciplinary actions that the previous employer did not overturn; and any release from employment or resignation, termination, or disqualification from employment. Additionally, under PRIA, your former Department of Transportation (DOT)-regulated employer(s) will provide records of drug and alcohol tests performed under 49 CFR part 40, even if the employers were not aviation entities.

3.9.1.1.4 If this is your first job as a pilot, but you were previously subject to DOT-regulated drug and alcohol testing, your hiring employer must request your drug and alcohol test results from your previous employer(s) in accordance with 49 CFR part 40.

3.9.1.1.5 The NDR will furnish your applicable motor vehicle driving records.