Appendix 1 (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 APPENDIX 2. PRIA REQUEST FLOWCHART T FLOWCHART The hiring employer or the hiring employer’s Designated Agent (DA) initiates the PRIA records request process when hiring new pilot(s).
Pilot/applicant signs all forms to release the required information.
START
Hiring employer determines if records were received from respondents within 30 calendar-days.
1. Pilots of Certain Small Aircraft.
2. Good Faith Exception.
3. Noncompliance. (Contact POI, or for drug and alcohol testing record noncompliance, Drug Abatement Division) FINISH The hiring employer reviews the records received, and observes all privacy protections for the pilot/applicant and the confidentiality of the records.
Once hired, the pilot may be released for service only after the PRIA check and training have both been completed.
NO After the records have been received, the pilot/applicant may review them and submit a statement to correct any inaccuracies.
The hiring employer maintains all PRIA records for a period of at least 5 years.
The hiring employer or DA forwards the appropriately completed PRIA request forms to: Previous Employer(s) NDR FAA YES Page 1 (and 2)
Appendix 3 APPENDIX 3 OVERVIEW AND USE OF FAA FORM 8060-10 NOTE: Consult the Pilot Records Improvement Act (PRIA) Web site at http://www.faa.gov/pilots/lic_cert/pria/ for the most current information on the overview and use of Federal Aviation Administration (FAA) Form 8060-10, FAA Records Request.
1. Part I—Records Request. Part I is used by the hiring air carrier in operation under Title 14 of the Code of Federal Regulations (14 CFR) part 121 or 135, air operator under 14 CFR part 125, or other person (collectively referred to as the “hiring employer”) to request certain pilot records as maintained by the FAA. The resulting report from the FAA is generally referred to as the PRIA Pilot Profile Letter, and will include information reflecting the pilot/applicant’s:
a. Current Airman Medical Certificate, including:
(1) Date of issue;
(2) Class; and
(3) Any limitations that may apply.
b. Current Airman Certificate(s), including:
(1) Date of issue,
(2) Category and class ratings,
(3) Associated type ratings, and
(4) Any limitations to those certificate(s) and ratings.
c. Record concerning the Enforcement Information System (EIS), and summary of legal enforcement action(s) resulting in a finding by the Administrator of a violation of Title 49 of the United States Code (49 U.S.C.), or a regulation prescribed, or an order issued under this Title that has not been subsequently overturned, if applicable. If no EIS records exist for the pilot/applicant, a statement indicating a negative report will be included.
d. Current or previous certificate revocation(s), which will be reported for an indefinite period of time, if applicable.
e. Previous certificate number(s) and related information, if applicable.
2. Part II—Airman Consent for the Release of Records. Part II is used by the hiring employer to obtain written consent for the release of records from the individual who is the subject of the request.
3. Distribution. You, the hiring employer, should either mail or fax FAA Form 8060-10 to the FAA (Aviation Data Systems Branch, AFS-620) for processing, then provide a copy to the pilot/applicant for his or her personal records.
Appendix 3
a. Fax your completed records request to (405) 954-4655, ATTN: PRIA
b. Mail your completed records request to:
Federal Aviation Administration ATTN: Aviation Data Systems Branch, AFS-620, ATTN: PRIA P.O. Box 25082 Oklahoma City, OK 73125-0082
c. Mail completed records request, by expedited mail service, to:
Federal Aviation Administration ATTN: Aviation Data Systems Branch, AFS-620, ATTN: PRIA 6500 South MacArthur Blvd., ARB Room 313 Oklahoma City, OK 73169
4. Requestor. As the requestor of records under the authority of PRIA, you should develop and use a system to track all outstanding requests. After receiving the responses, organize them into a format that management can easily use to evaluate the pilot/applicant’s suitability for employment. The process is not complete until this has been done.
5. Respondent. As the person receiving a records request under the authority of PRIA, you must furnish:
a. A copy of the appropriate records to the requestor no later than 30 calendar-days after receiving the request, as prescribed by 49 U.S.C. § 44703(h)(5).
b. An identical copy, if so requested, to the pilot/applicant on or before 20 calendar-days after receiving the request, as prescribed by 49 U.S.C. § 44703(h)(6).
c. A written notification to the pilot/applicant to satisfy 49 U.S.C. § 44703(h)(6), if the processing time will exceed 20 calendar-days. In other words, an additional document is required to provide written notification if your response time will be over 20 days. In no case can you take longer than the authorized 30 calendar-day period.
6. Instructions. Instructions for completing FAA Form 8060-10 are attached to the form itself.
Overviews and information on using this form are also in the PRIA Office Procedures for the Air Carrier and the PRIA Web site.
7. The Form. There are two online sources for FAA Form 8060-10:
• http://www.faa.gov/pilots/lic_cert/pria/
• http://www.faa.gov/forms/
Appendix 4 APPENDIX 4. OVERVIEW AND USE OF FAA FORM 8060-10A NOTE: Consult the Pilot Records Improvement Act (PRIA) Web site at http://www.faa.gov/pilots/lic_cert/pria/ for the most current information on the overview and use of Federal Aviation Administration (FAA) Form 8060-10A, Airman Notice and Right to Receive Copy-FAA Records (PRIA).
1. Part I⎯Airman Notice and Right to Receive Copy. Part I is used by the hiring air carrier in operation under Title 14 of the Code of Federal Regulations (14 CFR) part 121 or 135, air operator under 14 CFR part 125, or other person (collectively referred to as the “hiring employer”) to:
a. Notify the pilot/applicants that an FAA records request under PRIA will be conducted;
and
b. Notify the pilot/applicants of their right to receive a copy of the records furnished by the FAA to the requesting air carrier.
2. Part II⎯Airman Request or Non-Request for Records. Part II is used by the pilot/applicants to notify the FAA whether or not they want a copy of the records that will be furnished to the requesting employer.
3. Distribution. A completed and signed copy of FAA Form 8060-10A serves as a written notification to the airman in accordance with Title 49 of the United States Code (49 U.S.C.)
§ 44703(h)(6). In lieu of forwarding FAA Form 8060-10A to the FAA, if the hiring employer provides the pilot/applicant with initial notification of a records request by providing him or her with a completed and signed copy of FAA Form 8060-10A, further distribution of FAA Form 8060-10A is not required. Only FAA Form 8060-10, FAA Records Request (PRIA) needs to be forwarded to the FAA to request records. The hiring employer then files and maintains the original FAA Form 8060-10A in the pilot/applicant’s PRIA-related records file, for future company reference, and surveillance by the FAA.
NOTE: All pilot/applicants, regardless of whether they indicated a preference to receive a copy of their records, will be provided with a courtesy copy of their PRIA Pilot Profile Letter that is maintained by the FAA and furnished to the hiring employer. For security purposes, all FAA records will be mailed to the individual’s existing address as maintained in FAA records by the Airmen Certification Branch, AFS-760.
4. Requestor. As the requestor of records under the authority of PRIA, you should develop and use a system to track all outstanding requests. After receiving the responses, organize them into a format that management can easily use to evaluate the pilot/applicant’s suitability for employment. The process is not complete until this has been done.
5. Respondent. As the person receiving a records request under the authority of PRIA, you must furnish:
a. A copy of the appropriate records to the requestor no later than 30 calendar-days after receiving the request, as prescribed by 49 U.S.C. § 44703(h)(5).
Appendix 4
b. An identical copy, if so requested, to the pilot/applicant on or before 20 calendar-days after receiving the request, as prescribed by 49 U.S.C. § 44703(h)(6).
c. A written notification to the pilot/applicant to satisfy 49 U.S.C. § 44703(h)(6), if the processing time will exceed 20 days. In other words, an additional document is required to provide written notification if your response time will be over 20 calendar-days. In no case can it take longer than the authorized 30 calendar-day period.
6. Instructions. Instructions for completing FAA Form 8060-10A are attached to the form itself. Overviews and information on using this form are also in the PRIA Office Procedures for the Air Carrier and the PRIA Web site.
7. The Form. There are two online sources for FAA Form 8060-10A:
• http://www.faa.gov/pilots/lic_cert/pria/
• http://www.faa.gov/forms/
Appendix 5 APPENDIX 5. OVERVIEW AND USE OF FAA FORM 8060-11 NOTE: Consult the Pilot Records Improvement Act (PRIA) Web site at http://www.faa.gov/pilots/lic_cert/pria/ for the most current information on the overview and use of Federal Aviation Administration (FAA) Form 8060-11, Air Carrier and Other Records Request.
1. Part I—Records Request. Part I is used by the hiring air carrier in operation under Title 14 of the Code of Federal Regulations (14 CFR) part 121 or 135, air operator under 14 CFR part 125, or other person (collectively referred to as the “hiring employer”) to request certain pilot records. These records are maintained by a previous employer that used the individual as a pilot at any time during the 5-year period preceding the date on the employment application of the individual, or from the trustee in bankruptcy for such operator. The records that must be provided are identified and referenced in Title 49 of the United States Code (49 U.S.C.)
§ 44703(h)(1)(B).
2. Part II—Airman Consent for the Release of Records. Part II is used by the hiring employer to obtain written consent for the release of the records from the individual who is the subject of the request.
3. Distribution. The hiring employer either mails or faxes FAA Form 8060-11 to all previous employers that used the applicant as a pilot at any time during the previous 5-year period. The hiring employer should then provide a copy to the pilot/applicant for that individual’s personal records.
4. Exceptions. Certain exceptions may apply that would either not require the hiring employer to comply with the statutes of PRIA, or could allow an amended request procedure. To foster the most efficient use of its personnel and flight operations, the hiring employer should be familiar with all exceptions that may apply. These exceptions are:
a. Operations expressly excluded from air carrier certification requirements under part 119, § 119.1(e). These, and certain other 14 CFR part 91 operators, are not required to request pilot records under PRIA. However, if they receive a request under PRIA, they are required to furnish such records that they may have maintained on the individual who is the subject of the request. If no records were maintained, the former employer must return a brief letter stating such to the requestor to allow it to complete the request process.
b. Pilots of certain small aircraft as described in 49 U.S.C. § 44703(h)(14)(A).
c. Good faith exception as described in 49 U.S.C. § 44703(h)(14)(B).
5. Inappropriate Records. The respondent should not include records that are not relevant to the individual’s performance as a pilot in the transmission to the requestor. For example, an agreement between the pilot and employer to pay for training, personal bankruptcy papers, or unemployment compensation disputes between a pilot and employer are not considered appropriate to the individual’s performance as a pilot.
6. Requestor. As the requestor of records under the authority of PRIA, you should develop and use a system to track all outstanding requests. After receiving the responses, organize them into a Page 1
Appendix 5 format that management can easily use to evaluate the pilot/applicant’s suitability for employment. The process is not complete until this has been done.
7. Respondent. As the person receiving a records request under the authority of PRIA, you must furnish:
a. A copy of the appropriate records to the requestor no later than 30 calendar-days after receiving the request, as prescribed by 49 U.S.C. § 44703(h)(5).
b. An identical copy, if so requested, to the pilot/applicant on or before 20 calendar-days after receiving the request, as prescribed by 49 U.S.C. § 44703(h)(6).
c. A written notification to the pilot/applicant to satisfy 49 U.S.C. § 44703(h)(6), if the processing time will exceed 20 calendar-days. In other words, an additional document is required to provide written notification if your response time will be over 20 calendar-days. In no case can you take longer than the authorized 30-calendar-day period.
8. Instructions. Instructions for completing FAA Form 8060-11 are attached to the form itself.
Overviews and information on using this form are also in the PRIA Office Procedures for the Air Carrier and the PRIA Web site.
9. Reasonable Charges. The former employer furnishing records as the result of a request under PRIA may assess a reasonable charge from the records requestor and also from the individual subject of the request, provided he or she has requested an identical copy of the records.
10. The Form. There are two online sources for FAA Form 8060-11:
• http://www.faa.gov/pilots/lic_cert/pria/
• http://www.faa.gov/forms/
Appendix 6 APPENDIX 6. OVERVIEW AND USE OF FAA FORM 8060-11A NOTE: Consult the Pilot Records Improvement Act (PRIA) Web site at http://www.faa.gov/pilots/lic_cert/pria/ for the most current information on the overview and use of Federal Aviation Administration (FAA) Form 8060-11A, Airman Notice and Right to Receive Copy⎯Air Carrier and Other Records.
1. Part I⎯Airman Notice and Right to Receive Copy; Air Carrier and Other Records.
Part I is used by the hiring air carrier in operation under Title 14 of the Code of Federal Regulations (14 CFR) part 121 or 135, air operator under 14 CFR part 125, or other person (collectively referred to as the “hiring employer”) that has used the individual as a pilot at any time during the 5-year period preceding the date on the employment application, to notify that individual:
a. That a PRIA request for pilot-related air carrier records will be conducted; and
b. Of that pilot’s right to receive a copy of the records furnished by the previous employer to the requesting employer.
2. Part II⎯Airman Request or Non-Request for Records. Part II is used by pilot/applicants to notify the previous employer(s) whether they want a copy of the records that will be furnished to the requesting employer.
3. Distribution.
a. Unlike FAA Form 8060-10A, when using the FAA forms, completing FAA Form 8060-11A is mandatory. If the pilot/applicant wishes to receive a copy of all air carrier and other records and has checked the “yes” box on FAA Form 8060-11A, the previous employers must make two sets, one for the requestor and one for the individual, each to be mailed separately.
b. The hiring employer should attach FAA Form 8060-11A to FAA Form 8060-11 and either mail or fax them to all employers that previously employed the applicant as a pilot at any time during the previous 5-year period. The hiring employer should then provide a copy to the pilot/applicant for that individual’s personal records.
4. Exceptions. Certain exceptions may apply that would either not require the hiring employer to comply with the statutes of PRIA, or could allow an amended request procedure. To foster the most efficient use of its personnel and flight operations, the hiring employer should be familiar with all exceptions that may apply. These exceptions are:
a. Operations expressly excluded from air carrier certification requirements under 14 CFR part 119, § 119.1(e). These, and certain other 14 CFR part 91 operators, are not required to request pilot records under PRIA. However, if they receive a request under PRIA, they are required to furnish such records that they may have maintained on the individual who is the subject of the request. If no records were maintained, a brief letter stating such must be returned to the requestor.
Appendix 6
b. Pilots of certain small aircraft as described in Title 49 of the United States Code (49 U.S.C.) § 44703(h)(14)(A).
c. Good faith exception as described in 49 U.S.C. § 44703(h)(14)(B).
5. Requestor. As the requestor of records under the authority of PRIA, you should develop and use a system to track all outstanding requests, and once received from the respondent(s), organize them into a format that management can easily use to evaluate the pilot/applicant’s suitability for employment. The process is not complete until this has been done.
6. Respondent. As the person receiving a records request under the authority of PRIA:
a. You must furnish a copy of the appropriate records to the requestor no later than 30 calendar-days after receiving the request, as prescribed by 49 U.S.C. § 44703(h)(5).
b. You must furnish an identical copy, if so requested, to the pilot/applicant on or before 20 calendar-days after receiving the request, as prescribed by 49 U.S.C. § 44703(h)(6).
c. You must furnish a written notification to the pilot/applicant to satisfy 49 U.S.C.
§ 44703(h)(6), if the processing time will exceed 20 calendar-days. In other words, an additional document is required to provide written notification if your response time will be over 20 calendar-days. In no case can you take longer than the authorized 30 calendar-day period.
7. Instructions. Instructions for completing FAA Form 8060-11A are attached to the form itself. Overviews and information on the use of this form are in the PRIA Office Procedures for the Air Carrier and the PRIA Web site.
8. Reasonable Charges. The former employer furnishing records as the result of a request under PRIA may assess a reasonable charge from the hiring employer and also from the subject of the request if that individual requested an identical copy of the records.
9. The Form. There are two online sources for FAA Form 8060-11A:
• http://www.faa.gov/pilots/lic_cert/pria/
• http://www.faa.gov/forms/
Appendix 7 APPENDIX 7. OVERVIEW AND USE OF FAA FORM 8060-12 NOTE: Consult the Pilot Records Improvement Act (PRIA) Web site at http://www.faa.gov/pilots/lic_cert/pria/ for the most current information on the overview and use of Federal Aviation Administration (FAA) Form 8060-12, Authorization for Release of DOT Drug and Alcohol Testing Records Under PRIA and Maintained Under Title 49 of the Code of Federal Regulations (49 CFR) Part 40.
1. Part I—Records and Airman Consent for the Release of Records. A list of specific drug and alcohol testing records to be furnished through this request is provided in Part I of FAA Form 8060-12. Part I is also used by the hiring air carrier in operation under Title 14 of the Code of Federal Regulations (14 CFR) part 121 or 135, air operator under 14 CFR part 125, or other person (collectively referred to as the “hiring employer”). Send this form to previous employers that used the individual as a DOT-regulated employee subject to drug and alcohol testing under 49 CFR part 40, that used the individual as a non-pilot safety-sensitive employee subject to drug and alcohol testing (such as a F/A or maintenance worker), or that used the individual as a pilot at any time during the 5-year period preceding the date on the employment application. Use FAA Form 8060-12 to notify the individual:
a. That an FAA records request under PRIA for certain Department of Transportation (DOT) drug and alcohol testing records will be conducted;
b. Of a request for certain DOT drug and alcohol testing records under PRIA concerning that individual; and
c. To obtain written consent for the release of such records from that individual who is the subject of the request.
NOTE: If the individual has requested a copy of the records as indicated on FAA Form 8060-11A, any related DOT drug and alcohol testing records must be copied and included with other PRIA-related records as a result of that request.
2. Part II⎯Records to be Provided. A list of questions to be completed by the previous employer and returned to the hiring employer is provided in Part II of FAA Form 8060-12.
Part II is also used by the previous employer(s) to document the existence of certain DOT drug and alcohol testing records that are to be provided to the hiring employer. Consider the following guidelines when either requesting or providing DOT drug and alcohol testing records.
a. Any “no” response in Part II of FAA Form 8060-12 still requires the previous employer(s) to furnish a copy of the appropriate negative drug or alcohol testing results for that respective question. To further clarify, previous employers must provide all test results, including both positive as well as negative DOT drug and alcohol testing results, from over the last 5 years to the requestor. Obtaining a copy of the form on the DOT Web site, where previous employers simply “check off” that there were no rule violations, is not acceptable.
Appendix 7
b. In addition obtaining records from all previous employers over the last 5 years, the hiring employer must ask all applicants about their drug and alcohol testing history under DOT agency testing rules to satisfy 49 CFR part 40, § 40.25(j). Unlike the time period required under PRIA, this testing history obtained under § 40.25(j) covers a period of only 2 years. However, PRIA drug and alcohol testing records are not subject to the document retention conditions found in § 40.333. All PRIA records, including drug and alcohol testing records, are required by Title 49 of the United States Code (49 U.S.C.) § 44703(h)(4) to be maintained for at least 5 years. Therefore, to fulfill the requirements of PRIA, a hiring employer must obtain both positive and negative test results for the individual from the last 5 years.
3. Distribution. The hiring employer should attach FAA Form 8060-12 to FAA Forms 8060-11 and 8060-11A and either mail or fax the forms to all previous employers that used the applicant as a pilot at any time during the previous 5-year period. The hiring employer should provide a copy to the pilot/applicant for that individual’s personal records.
4. Use of FAA Form 8060-12. Even though the use of FAA Form 8060-12 is not currently required, this form has been carefully designed to combine both the records requirements of PRIA with those of 49 CFR part 40. Any employer not in compliance with the drug and alcohol testing record check requirements of 49 CFR part 40 could be subject to an additional inquiry by the Drug Abatement Division, AAM-800. It is a good business practice, therefore, to use FAA Form 8060-12 even if you do not use the other FAA PRIA forms.
5. Instructions. Instructions for completing FAA Form 8060-12 are attached to the form itself.
Overviews and information on the use of this form are also in the PRIA Office Procedures for the Air Carrier and the PRIA Web site.
6. The Form. There are two online sources for FAA Form 8060-12:
• http://www.faa.gov/pilots/lic_cert/pria/
• http://www.faa.gov/forms/ NOTE: Additional information concerning the inspection of drug and alcohol testing records is in paragraph 3-3 of FAA Order 8000.88, PRIA Guidance for FAA Inspectors.