Appendix 1 Appendix 1.
Pilot Records Improvement Act of 1996 Public Law 104-264, Section 502, October 9, 1996, (effective 02/06/97) As Amended by:
Public Law 105-142 (effective 12/06/97);
Public Law 106-181(effective 04/05/00), and, Public Law 107-71 (effective November 19, 2001) ------------------------------------------------------------------------------------------------------------------ Title 49 United States Code (49 U. S. C.) § 44703, as amended:
(h) RECORDS OF EMPLOYMENT OF PILOT APPLICANTS.
(1) IN GENERAL. Subject to paragraph (14), before allowing an individual to begin service as a pilot, an air carrier shall request and receive the following information:
(A) FAA RECORDS. From the Administrator of the Federal Aviation Administration, records pertaining to the individual that are maintained by the Administrator concerning--
(i) current airman certificates (including airman medical certificates) and associated type ratings, including any limitations to those certificates and ratings;
and
(ii) summaries of legal enforcement actions resulting in a finding by the Administrator of a violation of this title or a regulation prescribed or order issued under this title that was not subsequently overturned.
(B) AIR CARRIER AND OTHER RECORDS. From any air carrier or other person, except a branch of the United States Armed Forces, the National Guard, or a reserve component of the United States Armed Forces, that has employed the individual as a pilot of a civil or public aircraft at any time during the 5-year period preceding the date of the employment application of the individual, or from the trustee in bankruptcy for such air carrier or person--
(i) records pertaining to the individual that are maintained by an air carrier (other than records relating to flight time, duty time, or rest time) under regulations set forth in-- (I) section 121.683 of title 14, Code of Federal Regulations;
(II) paragraph (A) of section VI, appendix I, part 121 of such title;
(III) paragraph (A) of section IV, appendix J, part 121 of such title;
(IV) section 125.401 of such title; and (V) section 135.63(a)(4) of such title; and
(ii) other records pertaining to the individual’s performance as a pilot that are maintained by the air carrier or person concerning-- (I) the training, qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by a check airman designated in accordance with section 121.411, 125.295, or 135.337 of such title;
(II) any disciplinary action taken with respect to the individual that was not subsequently overturned; and
Appendix 1 (III) any release from employment or resignation, termination, or disqualification with respect to employment.
(C) NATIONAL DRIVER REGISTER RECORDS. In accordance with section 30305(b)(8), from the chief driver licensing official of a State, information concerning the motor vehicle driving record of the individual.
(2) WRITTEN CONSENT; RELEASE FROM LIABILITY. An air carrier making a request for records under paragraph (1)-- (A) shall be required to obtain written consent to the release of those records from the individual that is the subject of the records requested; and (B) may, notwithstanding any other provision of law or agreement to the contrary, require the individual who is the subject of the records to request to execute a release from liability for any claim arising from the furnishing of such records to or the use of such records by such air carrier (other than a claim arising from furnishing information known to be false and maintained in violation of a criminal statute).
(3) 5-YEAR REPORTING PERIOD. A person shall not furnish a record in response to a request made under paragraph (1) if the record was entered more than 5 years before the date of the request, unless the information concerns a revocation or suspension of an airman certificate or motor vehicle license that is in effect on the date of the request.
(4) REQUIREMENT TO MAINTAIN RECORDS. The Administrator and air carriers shall maintain pilot records described in paragraphs (1)(A and (1)(B) for a period of at least 5 years.
(5) RECEIPT OF CONSENT; PROVISION OF INFORMATION. A person shall not furnish a record in response to a request made under paragraph (1) without first obtaining a copy of the written consent of the individual who is the subject of the records requested; except that, for the purposes of paragraph (15), the Administrator may allow an individual designated by the Administrator to accept and maintain written consent on behalf of the Administrator for records requested under paragraph (1)(A). A person who receives a request for records under this subsection shall furnish a copy of all of such requested records maintained by the person not later than 30 days after receiving the request.
(6) RIGHT TO RECEIVE NOTICE AND COPY OF ANY RECORD FURNISHED. A person who receives a request for records under paragraph (1) shall provide to the individual who is the subject of the records-- (A) on or before the 20th day following the date of receipt of the request, written notice of the request and of the individual's right to receive a copy of such records;
and (B) in accordance with paragraph (10), a copy of such records, if requested by the individual.
Appendix 1
(7) REASONABLE CHARGES FOR PROCESSING REQUESTS AND FURNISHING COPIES. A person who receives a request under paragraph (1) or (6) may establish a reasonable charge for the cost of processing the request and furnishing copies of the requested records.
(8) STANDARD FORMS. The Administrator shall promulgate-- (A) standard forms that may be used by an air carrier to request records under paragraph (1); and (B) standard forms that may be used by an air carrier to--
(i) obtain the written consent of the individual who is the subject of a request under paragraph (1); and
(ii) inform the individual of-- (I) the request; and (II) the individual right of that individual to receive a copy of any records furnished in response to the request.
(9) RIGHT TO CORRECT INACCURACIES. An air carrier that maintains or requests and receives the records of an individual under paragraph (1) shall provide the individual with a reasonable opportunity to submit written comments to correct any inaccuracies contained in the records before making a final hiring decision with respect to the individual.
(10) RIGHT OF PILOT TO REVIEW CERTAIN RECORDS. Notwithstanding any other provision of law or agreement, an air carrier shall, upon written request from a pilot who is or has been employed by such carrier, make available, within a reasonable time, but not later than 30 days after the date of the request, to the pilot for review, any and all employment records referred to in paragraph (1)(B) (i) or (ii) pertaining to the employment of the pilot.
(11) PRIVACY PROTECTIONS. An air carrier that receives the records of an individual under paragraph (1) may use such records only to assess the qualifications of the individual in deciding whether or not to hire the individual as a pilot. The air carrier shall take such actions as may be necessary to protect the privacy of the pilot and the confidentiality of the records, including ensuring that information contained in the records is not divulged to any individual that is not directly involved in the hiring decision.
(12) PERIODIC REVIEW. Not later than 18 months after the date of the enactment of the Pilot Records Improvement Act of 1996 [enacted Oct. 9, 1996], and at least once every 3 years thereafter, the Administrator shall transmit to Congress a statement that contains, taking into account recent developments in the aviation industry— (A) recommendations by the Administrator concerning proposed changes to Federal Aviation Administration records, air carrier records, and other records required to be furnished under subparagraphs (A) and (B) of paragraph (1); or
Appendix 1 (B) reasons why the Administrator does not recommend any proposed changes to the records referred to in subparagraph (A).
(13) REGULATIONS. The Administrator shall prescribe such regulations as may be necessary-- (A) to protect--
(i) the personal privacy of any individual whose records are requested under paragraph (1) and disseminated under paragraph (15); and
(ii) the confidentiality of those records;
(B) to preclude the further dissemination of records received under paragraph (1) by the person who requested those records; and (C) to ensure prompt compliance with any request made under paragraph (1).
(14) SPECIAL RULES WITH RESPECT TO CERTAIN PILOTS.
(A) PILOTS OF CERTAIN SMALL AIRCRAFT. Notwithstanding paragraph (1), an air carrier, before receiving information requested about an individual under paragraph (1), may allow the individual to begin service for a period not to exceed 90 days as a pilot of an aircraft with a maximum payload capacity (as defined in section 119.3 of title 14, Code of Federal Regulations) of 7,500 pounds or less, or a helicopter, on a flight that is not a scheduled operation (as defined in such section).
Before the end of the 90-day period, the air carrier shall obtain and evaluate such information. The contract between the carrier and the individual shall contain a term that provides that the continuation of the individual’s employment, after the last day of the 90-day period, depends on a satisfactory evaluation.
(B) GOOD FAITH EXCEPTION. Notwithstanding paragraph (1), an air carrier, without obtaining information about an individual under paragraph (1)(B) from an air carrier or other person that no longer exists or from a foreign government or entity that employed the individual, may allow the individual to begin service as a pilot if the air carrier required to request the information has made a documented good faith attempt to obtain such information.
(15) ELECTRONIC ACCESS TO FAA RECORDS. For the purpose of increasing timely and efficient access to Federal Aviation Administration records described in paragraph (1), the Administrator may allow, under terms established by the Administrator, an individual designated by the air carrier to have electronic access to a specified database containing information about such records. The terms shall limit such access to instances in which information in the database is required by the designated individual in making a hiring decision concerning a pilot applicant and shall require that the designated individual provide assurances satisfactory to the Administrator that information obtained using such access will not be used for any purpose other than making the hiring decision.
(i) LIMITATION ON LIABILITY; PREEMPTION OF STATE LAW.
(1) LIMITATION ON LIABILITY. No action or proceeding may be brought by or on behalf of an individual who has applied for or is seeking a position with an air carrier
Appendix 1 Page 5 (and 6) as a pilot and who has signed a release from liability, as provided for under paragraph (2), against— (A) the air carrier requesting the records of that individual under subsection
(h)(1);
(B) a person who has complied with such request;
(C) a person who has entered information contained in the individual's records;
or (D) an agent or employee of a person described in subparagraph (A) or (B); in the nature of an action for defamation, invasion of privacy, negligence, interference with contract, or otherwise, or under any Federal or State law with respect to the furnishing or use of such records in accordance with subsection (h).
(2) PREEMPTION. No State or political subdivision thereof may enact, prescribe, issue, continue in effect, or enforce any law (including any regulation, standard, or other provision having the force and effect of law) that prohibits, penalizes, or imposes liability for furnishing or using records in accordance with subsection (h).
(3) PROVISION OF KNOWINGLY FALSE INFORMATION. Paragraphs (1) and
(2) shall not apply with respect to a person who furnishes information in response to a request made under subsection (h)(1), that-- (A) the person knows is false; and (B) was maintained in violation of a criminal statute of the United States.
(j) LIMITATION ON STATUTORY CONSTRUCTION. Nothing in subsection (h) shall be construed as precluding the availability of the records of a pilot in an investigation or other proceeding concerning an accident or incident conducted by the Administrator, the National Transportation Safety Board, or a court.
Appendix 2 Page 1 (and 2) APPENDIX 2. OVERVIEW OF FAA FORM 8060-10, FAA RECORDS REQUEST (PRIA) -- PILOT RECORDS IMPROVEMENT ACT OF 1996, AS AMENDED NOTICE: Request will not be deemed received or valid unless Parts I through III are completed as specified in the instructions for the form.
1. Part I – Records Request (PRIA). Part I is used by the air carrier to request certain pilot records maintained by the Federal Aviation Administration (FAA). The FAA will provide records reflecting current airman medical certificate, current airman certificates and associated type ratings, including any limitations to those certificates and ratings. The FAA will also conduct a search of the Enforcement Information System and provide a summary of legal enforcement actions resulting in a finding by the Administrator of a violation of Title 49 U.S.C. or a regulation prescribed or order issued under this Title that has not been subsequently overturned [as provided in 49 U.S.C. § 44703(h)(1)(A)(ii)].
2. Part II – Airman Consent to Release of Records. Part II is used by the requesting air carrier to obtain written consent for the release of the records from the individual who is the subject of the records requested.
3. Part III – Airman Notice and Right to Receive Copy.
a. Part III is used by the FAA to:
(1) Notify the airman that he/she is the subject of an FAA records request; and
(2) Notify the airman of his/her right to receive a copy of any and all records furnished by the FAA to the air carrier making the request.
b. Part III is used by the airman to:
(1) Waive the requirement that the FAA also provide separate notification of the request and the airman's right to receive a copy of all records furnished in response to the request; and
(2) Notify the FAA whether the airman desires a copy of any record furnished.
4. Furnishing Records. A person who receives a request for records under 49 U.S.C. § 44703(h) shall furnish a copy of all such requested records maintained by the person not later than 30 days after receiving the request.
5. Reasonable Charges. 49 U.S.C. § 44703(h)(7) allows for reasonable charges for processing requests and furnishing copies of requested records.
6. Mailing Address. Requests for FAA records should be addressed as follows:
a. Regular mail through the United States Postal Service (USPS).
b. Expedited mail service through the USPS or private carrier.
Federal Aviation Administration Attn.: Aviation Data Systems Branch, AFS-620 (PRIA) PO Box 268872 Oklahoma City, OK 73126-8872
(405) 954-0990 FAX (405) 954-4655 Federal Aviation Administration Attn.: Aviation Data Systems Branch, AFS-620 (PRIA) 6500 S. MacArthur Blvd., ARB Room 313 Oklahoma City, OK 73169
(405) 954-0990 FAX (405) 954-4655
Appendix 2 FIGURE 1. FAA FORM 8060-10, FAA RECORDS REQUEST (PRIA) -- PILOT RECORDS IMPROVEMENT ACT OF 1996, AS AMENDED (FRONT)
FAA RECORDS REQUEST (PRIA) -- PILOT RECORDS IMPROVEMENT ACT OF 1996, AS AMENDED Title 49 U.S.C. § 44703(h), Records of Employment of Pilot Applicants NOTICE: Request will not be deemed received or valid unless Parts I through III are completed as specified in the instructions PART I: RECORDS REQUEST (PRIA) , , hereby requests (Air Carrier Name) (Air Carrier Certificate #) records pertaining to the airman consenting in Part II below concerning: (i) current airman medical certificate, current airman certificates and associated type ratings, including any limitations to those certificates and ratings; and, (ii) summaries of l egal enforcement actions resulting in a finding by the Administrator of a violation of Title 49 U.S.C. or a regulation prescribed or order issued under this Title that was not subsequently overturned [as provided by 49 U.S.C. § 44703(h)(1)(A)].
Name: Title:
(Print – Air Carrier Representative) (Print -- Title of Air Carrier Representative Signature: Date:
(Air Carrier Representative) Mail Records To:
Telephone: FAX:
PART II: AIRMAN CONSENT TO RELEASE OF RECORDS I, , consent to and authorize the Federal Aviation (Print – Airman’s First, Middle, and Last Name) Administration to release records concerning: (i) my current airman medical certificate, current airman certificates and associ ated type ratings, including any limitations to those certificates and ratings; and, (ii) summaries of legal enforcement actions res ulting in a finding by the Administrator of a violation by me of Title 49 U.S.C. or a regulation prescribed or order issued under this Title that was not subsequently overturned, to the air carrier named in Part I above.
Airman Certificate Number(s):
Signature: Date:
(Not valid unless signed and dated) PART III: AIRMAN NOTICE AND RIGHT TO RECEIVE COPY Pursuant to 49 U.S.C. § 44703(h)(6), you are hereby notified of the foregoing FAA Records Request (PRIA) and that you are entitled to a copy of any and all records furnished by the Federal Aviation Administration in response to the request made in Part I above.
My signature below serves to waive the requirement under 49 USC § 44703(h)(6) that the FAA, which is a person receiving the PRIA request, also provide me with notification of the request and of my right to receive a copy of all records furnished in response to that request. I may request a copy of such records by checking the appropriate box below.
YES, I want a copy of the furnished records. NO, I do not want a copy of the furnished records.
Signature: Date:
(Not valid unless signed and dated) Requests for FAA records should be addressed as follows:
Regular mail through the United States Postal Service (USPS). Expedited mail service through the USPS or private carrier.
Federal Aviation Administration Attn.: Aviation Data Systems Branch, AFS-620 (PRIA) PO Box 268872 Oklahoma City, OK 73126-8872 Federal Aviation Administration Attn.: Aviation Data Systems Branch, AFS-620 (PRIA) 6500 S. MacArthur Blvd., ARB Room 313 Oklahoma City, OK 73169 FAA Form 8060-10 (Revised 03/2002) Previous editions are obsolete OMB No. 2120-0607
Appendix 2 FIGURE 1 (CONTINUED). FAA FORM 8060-10, FAA RECORDS REQUEST (PRIA) -- PILOT RECORDS IMPROVEMENT ACT OF 1996, AS AMENDED (BACK) INSTRUCTIONS: FAA FORM 8060-10, FAA RECORDS REQUEST (PRIA) -- PILOT RECORDS IMPROVEMENT ACT OF 1996, AS AMENDED, TITLE 49 U.S.C § 44703(h), Records of Employment of Pilot Applicants.
Air carriers should use this form to request FAA Records from the Federal Aviation Administration.
Requests for FAA records should be addressed as follows:
Regular mail through the United States Postal Service (USPS).
Expedited mail service through the USPS or private carrier.
Federal Aviation Administration Attn.: Aviation Data Systems Branch, AFS-620 (PRIA) PO Box 268872 Oklahoma City, OK 73126-8872 Phone: (405) 954-0990 FAX: (405) 954-4655 Federal Aviation Administration Attn.: Aviation Data Systems Branch, AFS-620 (PRIA) 6500 S. MacArthur Blvd., ARB Room 313 Oklahoma City, OK 73169 Phone: (405) 954-0990 FAX: (405) 954-4655 NOTICE Request will not be deemed received or valid unless Parts I through III are completed as specified below.
This form may be photocopied for use.
This form is available on the Internet at http://www.faa.gov/avr/afs/pria/.
A separate form must be used for each airman whose records are requested.
DO NOT enter information on this form such as date of birth, social security number, home address, or other information in which the airman may have a reasonable expectation of privacy.
PAPERWORK REDUCTION ACT STATEMENT. 49 United States Code (49 U.S.C.) § 44703(h), Records of Employment of Pilot Applicants, as amended, requires all air carriers to request FAA records and Air Carrier and Other Records concerning an individual before all owing that individual to begin service as a pilot. 49 U.S.C. § 44703(h)(8) requires the FAA Administrator to promulgate standard forms to request recor ds. The information entered on the standard forms will be used to facilitate search and retrieval of the required records. It is estimated that th e average burden per respondent associated with the collection of FAA Records [this collection] is 10 minutes. If you wish to comment on the accura cy of this estimate or submit suggestions for reducing the burden, you may write to: Federal Aviation Administration, Air Transportation Division, AFS -200, 800 Independence Avenue, SW, Washington, DC 20591. The requirement to collect background information on the pilots before allowing the pilot to begin service is mandatory; the use of this form is not. An agency may not conduct or sponsor, and a person is not required to respond to, a co llection of information unless it displays a currently valid OMB control number. The control number assigned to this collection is 2120-0607.
Part I: To be completed by the Air Carrier.
1. All entries, except for signature, must be either type written or printed legibly with black or dark blue ink.
2. The name, title, and signature of the person making the request on behalf of the air carrier must be legibly entered.
3. A complete mailing address must be furnished to which FAA can mail the requested records.
Part II: To be completed by Airman/Applicant.
1. All entries, except for signature, must be either type written or printed legibly with black or dark blue ink.
2. In the first blank, type or print your name as it is shown on your airman certificate(s).
3. Type or print your airman certificate number(s) in the blank provided. In parenthesis after the certificate number, indicate the type of certificate by using S (Student), P (Private), C (Commercial), F (Flight Instructor), G (Ground Instructor), or A (Airline Transport Pilot). If you have multiple certificates with the same certificate number, list the certificate number once and indicate the types of certificates in parenthesis. For example, if you hold an Airline Transport Pilot Certificate as well as Flight Instructor and Ground Instructor Certificates using the same number, you should indicate as follows: Certificate No. 456231234 (A, F, G) Part III: To be completed by Airman/Applicant.
1. 49 U.S.C. § 44703(h)(6) requires the person receiving a records request to notify the airman of the request, and further entitles the airman who is the subject of the request the right to receive a complete copy of all FAA records furnished in response to a request made by the air carrier listed in Part 1 of this request. Because FAA Form 8060-10 provides the airman with this notification, a separate notification from the FAA would be redundant. The airman’s signature on Part III waives the requirement of 49 U.S.C. § 44703(h)(6) that the FAA also provide separate notification of the request and the airman’s right to receive a copy of all records furnished in response to the request.
2. Check the appropriate box to indicate whether you DO or DO NOT want a copy, date & sign in ink using your legal signature. If requested, copies will be mailed to the official address shown in your airman records.
Appendix 3 Page 1 (and 2) APPENDIX 3. OVERVIEW OF FAA FORM 8060-11, AIR CARRIER AND OTHER
RECORDS REQUEST (PRIA) -- PILOT RECORDS IMPROVEMENT ACT OF 1996, AS AMENDED NOTICE: Request will not be deemed received or valid unless Parts I through III are completed as specified in the instructions for the form.
1. Part I – Records Request (PRIA). Part I is used by the air carrier to request certain records of the pilot from any air carrier or other person that has employed the individual at any time during the 5-year period preceding the date of the employment application of the individual, or from the trustee in bankruptcy for such air carrier or other person. The records that must be provided are identified in 49 U.S.C. § 44703(h)(1)(B).
2. Part II – Airman Consent to Release of Records. Part II is used by the air carrier to obtain written consent to the release of the records from the airman who is the subject of the records requested.
3. Part III – Airman Notice and Right To Receive Copy.
a. Part III is used by the air carrier or other person(s) to:
(1) Notify the airman that he/she is the subject of a request; and
(2) Notify the airman of his/her right to receive a copy of any such records furnished.
b. Part III is used by the airman to:
(1) Waive the requirement that the air carrier or person(s) providing the records also provide separate notification of the request and the airman's right to receive a copy of all records furnished in response to the request; and
(2) Notify the air carrier or other person(s) whether the airman desires a copy of any record furnished.
4. Furnishing Records. A person who receives a request for records under 49 U.S.C.
§ 44703(h) shall furnish a copy of all such requested records maintained by the person not later than 30 days after receiving the request.
5. Reasonable Charges. 49 U.S.C. § 44703(h)(7) allows for reasonable charges for processing requests and furnishing copies of requested records.