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.
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