(6) Check pilot authorization, if any.
(7) Release from employment for physical or professional disqualification that was not subsequently overturned.
(8) Date of the completion of the initial phase and each recurrent phase of the training required by part 135.
b. Per §§ 135.251(b) and 135.255(b), records pertaining to drug and alcohol testing described in appendices I and J of part 121, and maintained in accordance with 49 CFR § 40.333:
(1) Confirmed alcohol test results indicating an alcohol concentration of 0.04 or greater.
(2) Verified positive drug test results.
(3) Documentation of refusals to take required alcohol and/or drug tests (including substituted or adulterated test results).
(4) Documentation of other violations of DOT agency drug and alcohol testing regulations.
(5) SAP reports.
(6) All followup test results and schedules for follow up tests, including documentation of the return-to-duty test.
(7) Information obtained from previous employers under 49 CFR § 40.25 concerning drug and/or alcohol violations.
(8) Records of negative and cancelled drug test results, and confirmed alcohol test results with an alcohol concentration of less than 0.039.
4-12. LOST OR DESTROYED PRIA RECORDS. If your PRIA-related records have been legitimately lost or destroyed, for example, from a flood, hurricane, or fire, you must still respond to a PRIA request.
a. First, verify whether any records are available, perhaps maintained at another location or by another service agent (for example, a drug and alcohol testing agent). Then, prepare a statement declaring that the requested records have been legitimately lost or destroyed, and are not available to be forwarded per the request. The person preparing this statement should verify the loss by signature.
b. Return this statement and any records you were able to recover to the requestor within 30 days from when you received the request to fulfill your responsibility.
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NOTE: If providing a statement that your records have been lost or destroyed, you must ensure that this is actually the case. You cannot use this provision as an excuse to avoid providing the requested records.
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CHAPTER 5. PRIA OPERATIONAL CONSIDERATIONS FOR THE HIRING
EMPLOYER
5-1. PRIA OFFICE PROCEDURES AND COMPLIANCE CHECKLIST. While PRIA does not require you to establish and maintain a written office procedure for completing the PRIA request process, we recommend that you establish one. You can obtain a generic office procedure and compliance checklist that you can customize for your use from the PRIA Web site at http://www.faa.gov/pilots/lic_cert/pria.
5-2. ASSIGN PRIA DUTIES TO A DESIGNATED AGENT. You can hire a DA to conduct the task of requesting records under PRIA.
a. A DA cannot retain any of these records in a system-of-records of its own. It must forward to you in full any records it receives within the required period of time, using appropriate measures to ensure the privacy and security of those records.
b. Unless your company PRIA representative signs all of the completed request forms, he or she must prepare and sign a designation letter that verifies the DA’s responsibility over the PRIA request process. The DA must include this letter in its request for FAA records (FAA Form 8060-10). On FAA Form 8060-12, the DA must be specifically named as the recipient of the documents. Under 49 CFR part 40, §§ 40.321(b) and 40.351(d), the recipient of the documents must be named and blanket releases are explicitly prohibited. A designation letter is not required for requests to a previous employer or to the NDR. Designation letters are a specific requirement for requests to the FAA only.
c. If a former employer does not provide records after 30 days, the DA must immediately notify you. It is your responsibility to determine why the former employer did not comply with the records request and determine a satisfactory resolution, unless you designate this responsibility to the DA.
5-3. RESOLVE NONCOMPLIANCES TO YOUR PRIA REQUESTS. If a pilot/applicant’s former employer fails to respond within 30-days of receiving your PRIA request, you must take immediate followup action to determine why this noncompliance has occurred. If you used a DA to conduct your PRIA requests, the DA will notify you of the noncompliance when 30-day period ends. You are responsible for determining why the request was not complied with, unless you have assigned this task to the DA. We suggest that you (or the DA):
a. Contact the nonresponding previous employer to determine if it actually received the request, and to determine if it was the company that should have received the request, since many companies have similar names.
b. Check whether the correct fax number and/or address was used.
c. Contact the pilot/applicant to verify that the information he or she provided concerning the previous employer was correct.
d. Determine the status of the former employer, e.g., whether it is still in business or has ceased operations, whether it is in bankruptcy, or whether its operating certificate is still current.
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If you cannot determine the company’s status, contact the PRIA program manager for assistance.
If the former employer is out of business or in bankruptcy, follow the provisions of the good faith exception (see Chapter 3). After completing the request, file the results in the pilot/applicant’s PRIA records file.
e. If the respondent is still operational and you have verified all items in paragraphs a–d above, you can report the noncompliance to the PRIA program manager for limited assistance.
5-4. ACTIONS TO TAKE IF A FORMER EMPLOYER REPORTS LOST OR DESTROYED PRIA RECORDS. When PRIA-related records have been legitimately lost or destroyed, follow the intent of the good faith exception as described in paragraph 3-4. Sometimes a previous employer is unable to comply with a PRIA request because the records no longer exist (for example, from a flood, hurricane, or fire).
a. You should receive a statement from the respondent declaring that the requested records have been legitimately lost or destroyed, and are not available to be forwarded per the request. This former employer should send the statement within 30 calendar-days of receiving your request.
b. You may then follow the intent of the good faith exception. After receiving this notification, and after all of your other PRIA responsibilities are fulfilled, you are free to either hire or decline to hire the pilot.
c. File the respondent’s statement in the pilot/applicant’s PRIA-related records file for future reference and inspection by the FAA.
5-5. PRIA OBLIGATIONS FOR PILOT FURLOUGHS AND LEAVES OF ABSENCE.
a. PRIA provides only for an initial records check to be completed for a new-hire pilot. If a pilot returns to work after a furlough or extended period of personal leave, military leave, medical leave, or other authorized absence, PRIA does not require or provide authority for you to perform any type of recurrent background check on that pilot. For the purposes of 49 CFR part 40, § 40.25, whether you must request additional drug and alcohol testing records for a pilot returning to work from a furlough or other extended leave of absence depends on your understanding of that absence.
(1) If the pilot was terminated, you should consider the returning individual as a newly hired employee and initiate a completely new PRIA request. Request drug and alcohol records in accordance with 49 CFR § 40.25 using FAA Form 8060-12.
(2) If the pilot was furloughed or on other extended leave, you can consider the individual as having been in a “non-paid” status and, therefore, not a newly hired employee. In this case, requesting drug and alcohol testing records would be at your discretion. Because PRIA (and the use of FAA Form 8060-12) is only for initial requests for newly hired employees, a PRIA request for drug and alcohol testing records would be inappropriate.
b. If your company policy requires a confirmation that the pilot still holds a current medical and airman certificate, do not submit a PRIA request to AFS-620; you should instead send a request to AFS-620 under the authority of the Privacy Act or the Freedom of Information Act Page 24 Par 5-3
(FOIA) to determine the status of those certificates. The PRIA Web site has instructions on preparing and submitting a FOIA or Privacy Act request.
NOTE: Keep in mind the distinction between return-to-duty from furlough or extended leave, and return-to-duty as stated in 14 CFR part 121 appendices I and J.
5-6. PRIA MANAGEMENT BY A MAJOR HOLDING COMPANY. PRIA gives the certificate holder the primary responsibility for completing PRIA requests. A major holding company is not authorized to complete PRIA requests. However, at your discretion, you can request that your holding company act as your agent to complete all PRIA paperwork and maintain all original PRIA records at the holding company’s location.
a. As your agent, the holding company can maintain any or all of the following PRIA records in its human resources office:
(1) All company personnel records.
(2) Original PRIA reports.
(3) Other appropriate employment records.
NOTE: If the holding company maintains these PRIA records at its location, it must ensure that it provides you with the appropriate records when your POI(s), or assigned Drug Abatement inspector(s), is/are present to inspect those documents on your premises.
b. You can maintain any or all of the following PRIA records at your office:
(1) Training and other required records.
(2) Copies of PRIA reports.
NOTE: If you, not your holding company, complete your PRIA requests, maintain all of the original records at your location and provide copies to your holding company.
c. If a pilot transfers to your company from another air carrier or air operator, and you are both owned by the same major holding company but you are each assigned a different and unique certificate number, you must conduct a PRIA request before that pilot transfers. If the pilot has worked for other employers during the previous 5-year period as well, you must also contact those former employers for PRIA records.
NOTE: This paragraph may also apply to employers that are not, in and of themselves, an air carrier, but serve as a company that provides contract pilot services to other air carriers, including foreign entities. The process of providing the services of contract pilots may differ slightly from that of a major holding company, but as long as all PRIA background checks have Par 5-5 Page 25
been accomplished and the records maintained, the intent of the PRIA statues will have been satisfied.
d. If one air carrier or air operator buys or merges with another, should PRIA checks be conducted on the pilots being acquired by the purchaser?
(1) As one air carrier acquires another, the new company is accepting responsibility for the pilots of the air carrier being acquired, and should exercise prudent judgment to ensure that either a current PRIA request has been completed, or that new PRIA request are submitted for the new pilots.
(2) More specifically, if one air carrier acquires another by sale or merger, and the acquired company remains intact with no change in the air carrier certificate number, and the pilots continue to work for the acquiring air carrier, the current PRIA file should be sufficient.
The acquiring air carrier however, must inspect company records to verify that all pilots have current PRIA checks.
(3) If, however, in the process of the sale or merger, the air carrier certificate number changes, new PRIA checks must be completed. A pilot cannot transfer their current PRIA file from one air carrier to another. More simply stated, you can’t take it with you. In addition, a PRIA file will lose its validity if the chain of custody of the records—between one air carrier and another—is broken.
e. Foreign air carriers do not conduct drug and alcohol testing under the FAA’s regulations. Therefore, they will not have the drug and alcohol testing records normally required by PRIA and 49 CFR § 40.25.
5-7. USE OF FOREIGN PILOTS.
a. If you want to hire a pilot/applicant who has worked as a pilot for a foreign air carrier, you must request that individual’s PRIA records. Use of foreign pilots may vary from permanent employees to seasonal work in which the foreign pilots return to their own country during the off-season. This could also include U.S. pilots who previously worked for a foreign air carrier(s).
b. To participate in any U.S. commercial operation, a foreign pilot must hold both U.S. medical and airman certificates. Send your PRIA request to AFS-620, and it will verify those certificates. Likewise, if the foreign pilot holds a U.S. driver’s license, you must query the NDR.
c. You must also query the foreign employer. Forward the request with a certified receipt requested or other similar instrument that will document the date of delivery. If the records are never returned or if the foreign air carrier refuses to acknowledge or comply with the request, you may follow the provisions of the good faith exception (see paragraph 3-5b) and then either hire or decline to hire the foreign pilot.
5-8. PILOTS FORMERLY EMPLOYED BY A GOVERNMENTAL AGENCY. If the pilot/applicant was previously employed by a governmental agency (Federal, State, or local), you must query that agency for PRIA records even though it is not a standardized PRIA request Page 26 Par 5-6
(company to company). However, do not use FAA Forms 8060-11 and 8060-11A because these methods are inappropriate for querying a governmental agency. Instead, send a letter requesting the appropriate pilot safety-related records, including any available drug and alcohol testing records.
a. Forward the letter of request to the most recent flight operations manager of the appropriate agency, region, and/or office where the pilot/applicant was employed. Obtain the address of the agency where the pilot/applicant was employed, since there is no central office for the processing of these requests. If these records have already been retired and subsequently sent to a records-holding area, personnel, or a human resources department, the governmental agency should forward the request accordingly.
b. In the letter, ask for records that would provide any appropriate background information concerning the pilot’s flight training, experience and qualifications, proficiency, other related safety history, and drug and alcohol testing records and any subsequent actions taken as a result of those tests.
c. Have the pilot/applicant provide a brief statement and a signature consenting to the release of this information, either contained within the letter of request or as a separate attachment to the letter.
d. Governmental agencies do not conduct drug and alcohol testing under the FAA’s regulations. Therefore, they will not have the drug and alcohol testing records normally required by PRIA and 49 CFR § 40.25.
e. You must also request records from the FAA and NDR using FAA Forms 8060-10 and 8060-13 in the usual manner.
5-9. FAILURE TO PAY FOR RECORDS REQUESTED THROUGH PRIA. A pilot/applicant’s former employer can bill you for the cost of processing the PRIA request and furnishing copies of the records. However, that employer must still furnish PRIA records to you no later than 30 calendar-days after receiving the request, it cannot withhold the records pending your payment. Any dispute between you and that company regarding payment for the PRIA records would have to take place in civil court if you are unable to resolve the issue yourselves.
5-10. ACCESS OF PRIA-RELATED RECORDS TO FAA INSPECTORS.
a. A hiring air carrier or air operator cannot use 49 U.S.C. § 44703(h)(11) as an instrument to deny an FAA inspector access to that companies PRIA-related records for the purposes of audit or surveillance.
b. 49 U.S.C. § 41709, Records Of Air Carriers, 14 CFR § 119.59, Conducting Tests and Inspections, and 14 CFR § 135.73, Inspections and Tests, all clearly indicate that the FAA inspector assigned to that company, is authorized to see those records. As a result, the inspector is always to be given free and unlimited access to a company’s PRIA-related records at any time during the course of that inspector’s normal surveillance or inspection duties.
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c. Refusal to provide access to PRIA-related records when requested by the FAA for their review or inspection, could result in the suspension of all or any part of the certificate holder’s operating certificate or operating specifications in accordance with 14 CFR § 119.59(e).
d. Each FAA inspector, however, having viewed such records, also becomes subject to the privacy protection conditions as outlined in 49 U.S.C. § 44703(h)(11). Therefore, every effort must be made on the part of the FAA inspector to protect the privacy of the pilot and the confidentiality of the PRIA-related records of that pilot.
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CHAPTER 6. ADMINISTRATIVE INFORMATION
6-1. RELATED UNITED STATES CODE AND CODE OF FEDERAL REGULATIONS.
a. Certain U.S. transportation laws in 49 U.S.C.
b. Title 14 CFR parts 121, 125, and 135.
c. Title 49 CFR.
6-2. DEFINITIONS. The following definitions are relevant to PRIA.
a. Terms Related to Commercial Air Transportation.
(1) Air Carrier. “A citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation.” This includes operations using common carriage or holding out to the general public and being willing to furnish such air transportation for compensation. (Reference 49 U.S.C. § 40102(a)(2).)
(2) Air Operator. A person operating or intending to operate a civil aircraft when common carriage is not involved in a noncommercial operation. (Reference 14 CFR part 125.)
(3) Air Transportation. “Foreign air transportation, interstate air transportation, or the transportation of mail by aircraft.” (Reference 49 U.S.C. § 40102(a)(5).)
(4) Common Carriage. For the purpose of this AC, common carriage means any operation for compensation or hire in which an operator holds itself out (by advertising or any other means) as willing to furnish transportation for any member of the public who seeks the services that the operator is offering.
(5) Interstate Air Transportation. “The transportation of passengers or property by aircraft as a common carrier for compensation, or the transportation of mail by aircraft, between a place in: (1) a State, territory, or possession of the United States and a place in the District of Columbia or another State, territory, or possession of the United States; (2) Hawaii and another place in Hawaii through the airspace over a place outside Hawaii; (3) the District of Columbia and another place in the District of Columbia; or, (4) a territory or possession of the United States and another place in the same territory or possession; and, when any part of the transportation is by aircraft.” (Reference 49 U.S.C. § 40102(a)(25).)
(6) Intrastate Air Transportation. “The transportation by a common carrier of passengers or property for compensation, entirely in the same State, by turbojet-powered aircraft capable of carrying at least 30 passengers.” (Reference 49 U.S.C. § 40102(a)(27).)
(7) Person. A person includes “corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals.” (Reference 1 U.S.C.
§ 1.) In addition, a person “includes a governmental authority and a trustee, receiver, assignee, and other similar representative.” (Reference 49 U.S.C. § 40102(a)(37).)
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b. Terms Related to a Professional Pilot’s Employment.
(1) Hired and Employed. For all practical purposes under PRIA, the terms “hired” and “employed” both refer to that point in time when a pilot has been offered, and has accepted, a position as a pilot with an operator. Under the drug and alcohol testing regulations, “hire” is defined as “retaining an individual for a safety-sensitive function as a paid employee, as a volunteer, or through barter or other form of compensation” (see part 121, appendix I, and appendix J).
(2) Pilot Training Records. Records pertaining to the individual, to the individual’s performance as a pilot, disciplinary actions, and release from former employment. For a complete listing and description of pilot training records, refer to Chapter 4.
(3) Placed into Service. Upon completion of the required company training, a pilot is released for service to begin performance as a pilot, usually under the supervision of a chief pilot or a training captain, for the prescribed period of time or flight hours. Under PRIA, a pilot cannot be placed into service until the hiring employer has requested, received, and evaluated the required records requested under PRIA, unless a good faith or other exception applies.
(4) Record. As used in this AC, record means the individual’s pilot records that are maintained by an air carrier, air operator, or person to meet the statutory requirements of 49 U.S.C. § 44703(h)(1)(B), as well as the individual’s pilot records that the air carrier or operator maintains to meet the regulatory requirements of the 14 CFR authority under which it operates.
6-3. COMMONLY-USED ACRONYMS AND ABBREVIATIONS.
14 CFR Title 14 of the Code of Federal Regulations 49 CFR Title 49 of the Code of Federal Regulations 49 U.S.C. Title 49 of the United States Code AC advisory circular AFS-620 Aviation Data Systems Branch DA Designated Agent DMV Department of Motor Vehicles DOT Department of Transportation FAA Federal Aviation Administration NDR National Driver Registry POI principal oper ations inspector PRIA Pilot Records Improvement Act NTSB National Transportation Safety Board
6-4. OTHER PRIA RESOURCES. AFS-620 has developed numerous resources that will provide the air carrier or other customer with general assistance concerning initial familiarization, operational use, or other applications of PRIA. These and other PRIA resources are available on the PRIA Web site at http://www.faa.gov/pilots/lic_cert/pria/.
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6-5. PRIA CONTACT INFORMATION. Direct PRIA request or production inquiries to AFS-620’s PRIA production staff at (405) 954-1220 or 9700. Direct PRIA policy or compliance inquiries to AFS-620’s PRIA program manager at (405) 954-6367.
Par 6-5 Page 31 (and 32)