Appendix 1
(i) the personal privacy of any individual whose records are requested under paragraph (1) and disseminated under paragraph (15);
(ii) and 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 operator 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 Page 5
Appendix 1 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 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.
Appendix 1
(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.
Page 7 (and 8)
Appendix 2 APPENDIX 2. PRIA REQUEST FLOWCHART START records request process when Agent (DA) initiates the PRIA hiring employer's Designated The hiring employer or the required fors to release the Pilot/applicant signs all information.
hiring new pilot(s).
The hiring employer or DA forwards the appropriately completed PRIA request forms to:
FAA Previous NDR Employer(s) After the records have Hiring employer been received, the determines if records pilot/applicant may were received from YES review them and respondents within submit a statement to 30 calendar-days. correct any inaccuracies.
NO The hiring employer reviews the records received, and observes all
1. Pilots of Certain Small Aircraft. privacy protections for
2. Good Faith Exception. the pilot/applicant and
3. Noncompliance. (Contact POL, or for drug and the confidentiality of the alcohol testing record noncompliance, Drug records.
Abatement Division) The hiring employer Once hired, the pilot may maintains all PRIA be released for service FINISH records for a period of at only after the PRIA least 5 years. check and training have both been completed.
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. The hiring air carrier in operati on under Title 14 of the Code of Federal Regulations (14 CFR) part 121 or 135, air operator under 14 CFR 1, part 125, or other person (collectively referred to as the “hiring employer”) uses part I 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. Records 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.), a regulation prescribed, or an order issued under this title that the FAA has not 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. The hiring employer uses part II 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.
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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 the requestor completes these activities.
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. 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”)uses part I to:
a. Notify the pilot/applicants that the FAA will conduct a records request under PRIA; and
b. Notify the pilots/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. Pilot/applicants use part II to notify the FAA whether or not they want a copy of the records that the FAA will furnish 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. The hiring employer needs to forward only FAA Form 8060 10, FAA Records Request (PRIA) 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: The FAA will provide all pilot/applicants, regardless of whether they indicated a preference to receive a copy of their records, with a courtesy copy of their PRIA Background Report that the FAA maintains and furnishes 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 the requestor has completed these activities.
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).
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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.
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 the trustee in bankruptcy for such operator maintains these records. Title 49 of the United States Code (49 U.S.C.)
§ 44703(h)(1)(B) identifies and references the records that a previous employer must provide.
2. Part II, Airman Consent for the Release of Records. The hiring employer uses part II 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 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 the former employer did not maintain the records, it 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 the requestor has completed these activities.
7. Respondent. As the person receiving a records re quest 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 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. 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 uses part I to notify that individual:
a. That any previous employer will conduct a PRIA request for pilot-related air carrier records; 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. Pilot/applicants use part II to notify the previous employer(s) whether they want a copy of the records that the previous employer will furnish 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, and they must mail each one 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 the former employer did not maintain any records, it should return a brief letter stating such 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 the requestor has completed these activities.
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 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.