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7. The PRD system retrieves and presents the pilot’s current PRD record to the air carrier or operator in an appropriate format, such as a screen display.
An image of this record is stored as a “snapshot” in the PRD; the air carrier may save or print the snapshot. The PRD system also notifies the pilot that the air carrier has received a copy of the pilot’s PRD record.
8. The air carrier or operator must contact the pilot’s current and/or previous employer(s) listed in the PRD report in order to obtain the individual’s prior records. The requesting air carrier or operator should provide the PRD pilot consent pages with the employers listed on each page to the current and/or previous employers for response to the records request. These records must be reviewed before entering the pilot into service. If a date has been omitted in the NDR search field, the air carrier or operator is responsible in obtaining the pilot’s driving record prior to entering the individual into service.
Note: The FAA will conduct random audits of the application and its usage by air carriers and operators to ensure the PRD is being utilized appropriately. An air carrier or air operator cannot deny an FAA inspector access to PRD-related records for audit or surveillance in accordance with 49 U.S.C. § 41709.
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, the FAA inspector must make every effort to protect the privacy of the pilot and the confidentiality of the PRD-related records of that pilot.
Figure 6-1. Pilot Records Database Process Applicant • 1. View record 3. Provide 5. Apply as consent Pilot/Co-pilot Air Carrier 6. Request - Records, Notice records Records delivered Notice of attempt to access Records Notice of no active consent
2. Get Data 4. Store consent 7. Process on record & records Request PRD Process Dated pilot Consent expires dated record Consent & Consent?
record Consent Assembled record PRD Yes Dated 09. Provide Various pilot records Databases record
6.7.1 Allow Pilots/Applicants an Opportunity to Respond. Before making a final hiring decision, the air carrier or operator should permit the pilot/applicant with a reasonable opportunity to respond to the records contained in the database on the individual. This should be completed during the company's interview process in order to fully evaluate the individual for a pilot position.
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6.8 Questions. An air carrier, operator, or pilot should consult the PRD user guide for any questions related to the PRD. If you have a question related to the policy of the PRD’s usage, please submit an email to the PRD administrator at 9-amc-avs-prdsupport@faa.gov.
7-1 CHAPTER 7. ADMINISTRATIVE INFORMATION
7.1 Related Regulations:
• Title 14 CFR Parts 121, 125, and 135.
• Title 49 U.S.C. §§ 40102(a)(2), 40102(a)(5), 40102(a)(25), 40102(a)(27), 40102(a)(37), and 44703(h)(1)(B).
• Certain U.S. transportation laws in 49 U.S.C.
7.2 Definitions. The following definitions are relevant to PRIA.
7.2.1 Terms Related to Commercial Air Transportation.
TERM DESCRIPTION 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 (refer to 49 U.S.C.
§ 40102(a)(2)).
Air Operator A person operating or intending to operate a civil aircraft when common carriage is not involved in a noncommercial operation (refer to part 125).
Air Transportation “Foreign air transportation, interstate air transportation, or the transportation of mail by aircraft.” Refer to 49 U.S.C.
§ 40102(a)(5).
Common Carriage For the purpose of this AC, “common carriage” means any operation for compensation or hire in which an operator holds it 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.
Interstate Air Transportation “The transportation of passengers or property by aircraft as a common carrier for compensation, or the transportation of mail by aircraft, or the operation of aircraft in furthering a business or vocation— (A) between a place in—
(i) 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; outside Hawaii;
(ii) Hawaii and another place in Hawaii through the airspace over a place;
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TERM DESCRIPTION
(iii) the District of Columbia and another place in the District of Columbia; or
(iv) a territory or possession of the United States and another place in the same territory or possession; and (B) when any part of the transportation is by aircraft.”
Refer to 49 U.S.C. § 40102(a)(25).
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.” Refer to 49 U.S.C. § 40102(a)(27).
Person A person includes “corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals.” (Refer to Title 1 of the United States Code (1 U.S.C.) § 1.) In addition, a person includes “a government authority and a trustee, receiver, assignee, and other similar representative.” Refer to 49 U.S.C.
§ 40102(a)(37).
7.2.2 Terms Related to a Professional Pilot’s Employment.
TERM DESCRIPTION Hired and Employed The point 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.” (Refer to part 120.)
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, see Chapter 4, PRIA Procedures for Former Employers.
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
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TERM DESCRIPTION required records requested under PRIA, unless a good faith or other exception applies.
Records See paragraph 3.11.
7.2.3 Commonly Used Acronyms and Abbreviations.
TERM DESCRIPTION Title 14 CFR Title 14 of the Code of Federal Regulations Title 49 CFR Title 49 of the Code of Federal Regulations Title 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 Register NTSB National Transportation Safety Board POI Principal Operations Inspector PRIA Pilot Records Improvement Act of 1996
7.3 Other PRIA Resources. The Aviation Data Systems Branch (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 website at http://www.faa.gov/pilots/lic_cert/pria/guidance.
7.4 PRIA Contact Information. Direct PRIA records request or production inquiries to AFS-620’s PRIA production staff at 9-amc-afs620-pria@faa.gov. Direct PRIA policy or compliance inquiries to AFS-620’s PRIA program manager at 405-954-6367.
7.5 AC Feedback Form. For your convenience, the AC Feedback Form is the last page of this AC. Note any deficiencies found, clarifications needed, or suggested improvements regarding the contents of this AC on the Feedback Form.
Appendix A APPENDIX A. PRIA RECORDS REQUEST PROCESS FLOWCHART Figure A-1. PRIA Records Request Process Flowchart The hiring employer or the hiring employer's Pilot/Applicant signs START Designated Agent (DA) initiates the PRIA records all forms to release the request process when hiring new pilots. required information.
The hiring employer or DA forwards the appropriately completed PRIA records request.
FAA EMPLOYERS PREVIOUS NDR After the records have been The hiring employer determines if received, the pilot/applicant records were received from respondents YE S may review them and submit within 30 calendar-days. a statement to correct any inaccuracies.
NO + The hiring employer reviews the records
1. Pilots of Certain Small Aircraft. received, and observes all
2. Good Faith Exception. privacy protections for the pilot/applicant and the confidentiality of the records.
Once hired, the Pilot may be released for service only FINISH records for a period of at The hiring employer maintains all PRIA after the PRIA check and training have both been completed.
least 5 years.
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Appendix B B-1 APPENDIX B. OVERVIEW AND USE OF FAA FORM 8060-10 Note: Consult the PRIA website at http://www.faa.gov/pilots/lic_cert/pria/forms_ docs for the most current information on the overview and use of FAA Form 8060-10, FAA Records Request (PRIA).
1. Part I, Records Request. The hiring air carrier in operation under part 121 or 135, air operator under 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 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 Aviation Data Systems Branch (AFS-620) for processing, then provide a copy to the pilot/applicant for his or her personal records.
Appendix B B-2
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 (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 (PRIA) 6500 South MacArthur Blvd., ARB Building, 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 calendar-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 on the PRIA website.
7. The Form. There are two online sources for FAA Form 8060-10:
a. http://www.faa.gov/pilots/lic_cert/pria/forms_docs.
b. http://www.faa.gov/forms.
Appendix C C-1 APPENDIX C. OVERVIEW AND USE OF FAA FORM 8060-10A Note: Consult the PRIA website at http://www.faa.gov/pilots/lic_cert/pria/forms_ docs for the most current information on the overview and use of 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 part 121 or 135, air operator under part 125, or other person (collectively referred to as the “hiring employer”) uses Part I to:
a. Notify the pilot/applicant that the FAA will conduct a records request under PRIA.
b. Notify the pilot/applicant 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. The pilot/applicant uses 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 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 pilots/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).
Appendix C C-2
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.
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 on the PRIA website.
7. The Form. There are two online sources for FAA Form 8060-10A:
a. http://www.faa.gov/pilots/lic_cert/pria/forms_docs.
b. http://www.faa.gov/forms.
Appendix D D-1 APPENDIX D. OVERVIEW AND USE OF FAA FORM 8060-11 Note: Consult the PRIA website at http://www.faa.gov/pilots/lic_cert/pria/forms_ docs for the most current information on the overview and use of FAA Form 8060-11, Air Carrier and Other Records Request (PRIA).
1. Part I, Recor ds Request. The hiring air carrier in operation under part 121 or 135, air operator under part 125, or other person (collectively referred to as the “hiring employer”) uses Part I 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 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 § 119.1(e). These, and certain other 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 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.