1-4 seeking information on an individual pilot in accordance with PRIA. As established through PRIA, air carriers are required to evaluate all available pilot records prior to making a hiring decision and releasing that pilot for line service.
Note 1: The records included in the PRD at this time include FAA records on any failed attempt of an individual to pass a practical test on or after August 1, 2010, that was required to obtain a certificate or type rating.
FAA records will also include records that are maintained concerning Airman Certificates with associated type rating and limitation, summaries of FAA legal enforcement action resulting in a finding of violation that was not overturned, as well as accident and incident information.
Note 2: All air carriers and operators must continue to generate and maintain pilot records as of August 1, 2005, through present.
1.6.3.1 Implementation of the PRD. The FAA is implementing the PRD in multiple phases. The phased approach was developed to provide air carriers and operators required to comply with PRIA immediate, uninterrupted access to FAA pilot records. The FAA records, such as pilot certification and failed practical tests, should be used by an air carrier or operator to make an informed hiring decision. Subsequent phases would apply additional aspects of the PRD until the requirements have been fully implemented through FAA rulemaking. The phased approach provides a combination of information technology (IT) with PRIA in the PRD for an easier transition for 14 CFR part 119 certificate holders and fractional ownerships required to comply with the evaluation of records prior to hiring a pilot.
Table 1-1. Phases of the Pilot Records Database
PHASE DESCRIPTION Phase I The FAA contracted an IT team to produce a proof of concept and conceptual resource documents consisting of a functional requirements document and a system design document. These conceptual documents were finalized January 29, 2016.
Phase II In December 2016, the PRD was made available to internal FAA employees eligible to access. The PRD provides users direct and uninterrupted access to FAA pilot records, such as failed practical test attempts. Phase II initiated the use of a pilot’s electronic consent to release FAA records to an air carrier or operator.
Phase III At the completion of Phase III, air carriers and operators required to comply with the PRIA guidance will begin to use the PRD exclusively for accessing a pilot’s FAA records. Additionally, PRIA Designated Agents (DA) will be permitted to access the PRD on behalf of an air carrier or operator as a proxy.
Phase IV Air carriers and operators employing pilots will be required to comply with the PRD reporting and accessing requirements that are defined by FAA rulemaking.
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1.6.4 PRIA Records Request. The FAA encourages each hiring air carrier and air operator to request all FAA records of proficiency/competency and airmen certification practical test results. This will require a release from the applicant (see Appendix I).
1.6.4.1 Best Business Practices. The FAA encourages pilots, hiring air carriers and air operators, as well as past employers, to use the best business practices of requesting records from all available sources to ensure they are operating to the highest level of safety (see Appendix H, Additional Pilot Records).
1.6.5 Release Form. The FAA encourages that no hiring air carriers and air operators will consider an applicant for employment if that applicant will not sign the release for the additional FAA records in paragraph 1.6.4.
1.6.6 Disclosure. The FAA encourages a pilot/applicant to disclose all pilot testing failures to any potential aviation employer.
2-1 CHAPTER 2. INFORMATION FOR THE PILOT/APPLICANT
2.1 Pilot/Applicant’s Tasks During PRIA Records Request Process. If you are an individual who is applying for a job as a pilot, your hiring employer will initiate the PRIA records request process. Per the PRIA statute, the hiring employer must first notify you in writing that it will request records about you and obtain your written consent by signature.
Note: If a hiring air carrier or operator chooses to utilize the Pilot Records Database (PRD), an individual seeking employment with that air carrier or operator must use the PRD to complete the records request. Please see Chapter 6, Use Pilot Records Database to Comply with PRIA, for accessing the PRD.
2.1.1 Complete PRIA Records Request Forms. The hiring employer or a Designated Agent (DA) will provide several forms to request PRIA-related records from the previous 5 years. You need to complete and sign these forms to grant your consent to the request.
This is necessary for the FAA, your previous employer(s), and the National Driver Register (NDR) to release your records.
2.1.1.1 Medical Certificates. The Aviation Data Systems Branch (AFS-620) will provide information concerning your current airman medical certificate.
It will also give information on your current Airman Certificates indicating level, category, class, and associated type ratings, including any limitations to those certificates and ratings. From the previous 5-year period, the FAA will also summarize any closed legal enforcement actions against you that resulted in findings of violations that were not subsequently overturned. However, the FAA will report any formal closed certificate actions on file, such as suspensions, civil penalties, or revocations indefinitely.
2.1.1.2 Performance Records. The hiring employer will ask your previous employer(s) to provide records pertaining to you, except for those related to flight time, duty time, or rest time. They will provide records on your performance as a pilot concerning your training, qualifications, proficiency, and professional competence, including any comments or evaluations by check airmen; any disciplinary actions that the previous employer did not overturn; and any release from employment or resignation, termination, or disqualification from employment (see paragraph 4.5). Additionally, under PRIA, your former Department of Transportation (DOT)-regulated employer(s) will provide records of drug and alcohol tests performed under Title 49 of the Code of Federal Regulations (49 CFR) part 40, even if the employer(s) were not aviation entities.
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2.1.1.2.1 Requests for Drug and Alcohol Test Results.
1. If this is your first job as a pilot, but you had previously driven a commercial vehicle and were subject to DOT-regulated testing, your hiring employer must request your drug and alcohol test results from your previous employer.
2. If this is your first job as a pilot, but you had previously served in another safety-sensitive function, such as flight attendant (F/A) or maintenance duties, your hiring employer must request your drug and alcohol test results from your previous employer.
2.1.1.3 Motor Vehicle Driving Records. The NDR will furnish your applicable motor vehicle driving records. Please visit the National Highway Traffic Safety Administration’s (NHTSA) website (http://www.nhtsa.gov/NCSA) for the latest information on how to request motor vehicle driving records.
2.1.2 Request Copies of Records.
2.1.2.1 PRIA Records from the FAA. AFS-620 will automatically send you an identical copy of the PRIA verification letter that it furnishes to the hiring employer. As a security measure, AFS-620 will send this report to your home address, as shown in the records maintained by the Airmen Certification Branch (AFS-760). Ensure that AFS-760 has your current home address by updating it online at http://registry.faa.gov or by calling toll-free at 866-878-2498. In addition, the hiring employer may, at its discretion, request a record of your Notices of Disapproval. For additional information, see paragraph 3.8.1.
2.1.2.2 PRIA Records from Previous Employers and the NDR. If desired, you can request copies of records that your previous employers maintained, including those from the NDR. If the hiring employer uses the recommended FAA forms to request records, then FAA Form 8060-11A, Airman Notice and Right to Receive Copy – Air Carrier and Other Records (PRIA), is the proper form to use when requesting copies of your pilot and drug and alcohol testing records from your previous employer(s). If you requested a copy of your current NDR records, the hiring employer should furnish them to you after receiving them from the NDR.
Note: By law, PRIA respondents are allowed to charge a reasonable fee in a “statement of payment” to recoup the cost of furnishing records to you.
2.1.3 Review Records and Submit Corrections. You may review the records received and, if necessary, submit a written statement to correct any inaccuracy or omission in your records. The hiring employer should include your statement in the PRIA-related records file that it compiles on you to represent your viewpoint concerning those records or
2-3 entries. It is recommended that you ensure that the hiring employer has a copy of any such corrections.
2.1.4 Sign Release of Liability. Hiring employers or former employers may require you to sign a release from liability for records other than the drug and alcohol testing records.
The release from liability can state that you will not make any claim against them for requesting or furnishing PRIA records, but would not apply if an employer furnishes information known to be false or maintained it in violation of a criminal statute.
Under 49 CFR part 40, § 40.27, an employer must not ask an employee to sign a consent, release, waiver of liability, or indemnification agreement with respect to any part of the drug or alcohol testing process.
2.2 Your Right to Receive Copies of Records. Within 20 calendar-days of receiving a PRIA records request, the FAA and your former employers are required to give you written notice of the request and notice of your right to receive copies of the records.
2.2.1 PRIA Records Request. If you requested a copy of your records, the respondents (FAA or former employer) can fulfill this requirement by providing the records to you within 20 calendar-days.
2.2.2 Notification. If the processing time will exceed the 20 calendar-days, the respondent must send you written notification (e.g., postcard or letter) to this effect. You must receive the records, however, no later than 30 calendar-days after they received your request.
2.2.3 PRD Records Request. See Chapter 6.
2.3 A Pilot’s Expectations and Protections Under PRIA. All professional pilots considered for employment by a hiring employer have certain protection concerning the request, transfer, receipt, evaluation, and maintenance of their records.
2.3.1 What You Should Expect. Aside from the protection specified in the PRIA statute, you should expect fair and timely treatment from the FAA, NDR, and past, present, and potential future employers concerning the process for the request, transfer, receipt, evaluation, and maintenance of the appropriate PRIA-related records.
2.3.2 PRIA Statutory Provisions. According to the PRIA statutory provisions, the hiring employer must provide you with the following:
1. Written notification that they will make a request for your PRIA-related records.
2. A consent form to sign for the release of those records.
3. An opportunity to request a copy of those records if so desired.
Note: Use of the FAA forms can fulfill the three requirements stated above.
4. An opportunity to submit a written comment or memorandum to a former or potential employer when you believe there are inaccuracies in your
2-4 PRIA-related records. This written comment should be submitted to the previous employer for entry into your records maintained by the previous employer; however, it is recommended that you also ensure that the hiring employer received a copy of the document as well. If not, be prepared to provide them with one when you review those records.
5. An opportunity to review and comment on your PRIA-related records. The air carrier or air operator should also make available a copy of the requested records within a reasonable period of time, but not later than 30 calendar-days after the date of your written request. This is especially true when distance prohibits you from reviewing your records in person.
Note: We recommend that you review your PRIA-related records, if possible, before applying for a new job. This can help you ensure that your records are in order and that you address all problem areas in advance.
2.3.3 Your Privacy Protections Under PRIA. The confidentiality of your PRIA records will be protected in the following manner:
Table 2-1. Process of Protecting Your PRIA Records NO. TITLE DESCRIPTION 1 Assessing Qualifications A hiring employer receiving your PRIA records may use them only to assess your qualifications in deciding whether to hire you as a pilot.
2 Restricted View of Records Only company personnel directly involved in the hiring process may view and evaluate the records.
3 Time Duration of Records The air carrier or air operator should maintain PRIA-related records for the duration of your employment with them and for a suggested period of 5 years after the termination of that employment.
Anyone possessing PRIA-related records must ensure that individuals not involved in the hiring process do not view or have access to your records.
The one exception is the FAA inspector, who cannot be denied access to a PRIA-related system of records when conducting surveillance or inspection of those records. However, when viewing such records, the FAA inspector must also make every effort to protect your privacy and the confidentiality of your PRIA-related records.
4 Records Concerning Disciplinary Actions See paragraph 4.5.2 for an indepth discussion of records to be furnished concerning disciplinary actions regarding an individual’s performance and competence as a pilot.
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2.4 Pilots Formerly Employed by Government Agencies. If a government agency (Federal, state, or local) employed you as a pilot, the hiring employer must contact the agency for your records. You should provide a brief statement and a signature consenting to the release of background information concerning your flight training, experience and qualifications, proficiency, other related safety history, drug and alcohol testing records, and any subsequent actions taken as a result of those tests. Send this request to the government agency where you worked as a pilot.
2.5 Provide Previous Employers Information. All pilots/applicants should ensure that all previous employers where the applicant was employed as a pilot within the past 5-year period are reported to the hiring air carrier. Only in this way can the full purpose and mission of PRIA be fulfilled and allow the pilot to avoid the possibility of falsification of FAA Form 8060-11, Air Carrier and Other Records Request (PRIA).
2.6 Additional PRIA Resources for Pilots. For additional resources and information, visit the PRIA website at http://www.faa.gov/pilots/lic_cert/pria. Direct any questions to the PRIA program manager.
3-1 CHAPTER 3. PRIA PROCEDURES FOR HIRING EMPLOYERS
3.1 Initiate the PRIA Records Request Process. If you are an air carrier or air operator hiring a pilot, you (or your Designated Agent (DA)) will initiate the PRIA records request. Using the forms available from the FAA will help you comply with the statutory requirements of PRIA. You can obtain the forms and information about filling out these forms from the PRIA website at http://www.faa.gov/pilots/lic_cert/pria/forms_docs and from the FAA website at http://www.faa.gov/forms. See Appendices B through G for guidance concerning the overview and use of these forms. The FAA recommends using the current FAA forms instead of older versions or self-designed forms; those forms may not produce the results required by statute. The forms are:
• FAA Form 8060-10, FAA Records Request (PRIA).
• FAA Form 8060-10A, Airman Notice and Right to Receive Copy – FAA Records (PRIA).
• FAA Form 8060-11, Air Carrier and Other Records Request (PRIA).
• FAA Form 8060-11A, Airman Notice and Right to Receive Copy – Air Carrier and Other Records (PRIA).
• FAA Form 8060-12, Authorization for Release of DOT Drug and Alcohol Testing Records Under PRIA and Maintained Under Title 49 Code of Federal Regulations (49 CFR) Part 40.
• FAA Form 8060-13, National Driver Register Records Request (PRIA).
Note: A hiring air carrier or operator may opt to utilize the Pilot Records Database (PRD) instead of completing the forms described above. If the air carrier or operator chooses to use the PRD in lieu of the manual PRIA process, an individual seeking employment with that air carrier or operator must use the PRD to complete the records request. Please see Chapter 6, Use Pilot Records Database to Comply with PRIA, for accessing the PRD.
3.2 Using a DA to Respond to PRIA Records Requests. You may contract with a DA to process PRIA records requests and furnish records to hiring employers and pilots/applicants. Although you may delegate this work to a DA, you are ultimately responsible for fulfilling the requirements. Since a DA cannot retain PRIA records in a records system of its own, you are responsible for maintaining PRIA records. The release of the documents must specify exactly who is to receive the documents, and a blanket release to provide the documents to a category of parties is prohibited under 49 CFR §§ 40.321(b) and 40.351(d) of the drug and alcohol testing regulations. A guidance document titled “PRIA Instructions for the Designated Agent (DA)” is available on the PRIA website at http://www.faa.gov/pilots/lic_cert/pria/requesting.
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3.3 The Hiring Employer’s Role During the PRIA Records Request Process.
3.3.1 Obtain Consent and Notify Pilots/Applicants of Their Right to Receive Copies.
PRIA requires the hiring employer to notify all pilots/applicants in writing that you will be requesting their records, obtaining their written consent to release the records, and informing them of their right to receive copies. You can fulfill these requirements by using the FAA forms.
3.3.2 Complete PRIA Records Request Forms. Fill out the applicable sections of each form, forward the papers, and request that the pilot/applicant complete the forms.
Note: Provided there are no other provisions of law or agreement to the contrary, you can require the pilot/applicant to execute a release from liability against any claim he or she may make from your use of PRIA records other than the drug and alcohol testing records. Release from liability can state that the applicant will not make any claim against entities that request or respond to PRIA records requests.
3.3.3 Send Forms to the Appropriate Recipients. Mail, fax, or email your scanned applications to the recipients and retain documentation of when the recipient received them
(e.g., fax confirmation page). If mailing, we recommend that you send forms through the United States Postal Service (USPS) (certified, return receipt requested) or a private mail carrier that documents the date of delivery.
3.3.4 Forward FAA Form 8060-10 to the Aviation Data Systems Branch (AFS-620).
You can fax your completed PRIA records request(s) for FAA records to AFS-620 at 405-954-4655, ATTN: PRIA, or email them to 9-amc-afs620-pria@faa.gov.
You can also mail your completed PRIA records request(s) for FAA records to:
1. Using Regular Mail:
Federal Aviation Administration ATTN: Aviation Data Systems Branch, AFS-620 (PRIA) P.O. Box 25082 Oklahoma City, OK 73125-0082
2. Using Expedited Mail:
Federal Aviation Administration ATTN: Aviation Data Systems Branch, AFS-620 (PRIA) 6500 South MacArthur Blvd., ARB Building, Room 313 Oklahoma City, OK 73169
3.3.4.1 Retaining Documentation. Retain the original FAA Form 8060-10A in your PRIA-related record files after giving the pilot/applicant a signed and completed copy of the form.
Note: Do not forward FAA Form 8060-10A to the FAA. AFS-620 will automatically mail to the pilot/applicant a courtesy copy of the PRIA Verification Letter that it furnishes to you.
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3.3.4.2 Sending Forms to Previous Employers. Send FAA Forms 8060-11, 8060-11A, and 8060-12 to all previous employers who employed the individual as a pilot within the previous 5-year period. If the individual was not employed as a pilot before, you must request the testing records from those previous employers and you must ask the question required by 49 CFR part 40, § 40.25(j). Examples of previous employment that would trigger this requirement are work in another FAA-regulated safety-sensitive function, such as flight attendant (F/A) or maintenance duties, or work in another Department of Transportation (DOT)-regulated industry where he or she was subjected to drug and alcohol testing under part 40.
3.3.4.3 Sending NDR Applications. Send a completed NDR application form to the state Department of Motor Vehicles (DMV) that issued the driver’s license to request the appropriate NDR-related records. Many state DMVs will require the original form, so you might have to mail the request instead of faxing it.
We recommend that you call the state DMV to confirm whether it needs the original form and if any fees apply.
Note: Send your NDR request to the state of residency of your pilot/applicant. As you are preparing your NDR request, we suggest that you use that state’s own application form rather than FAA Form 8060-13, since most states are not familiar with FAA Form 8060-13 and may not process it. You should be able to make an online query to find that state’s particular application form for a third party and what the cost will be per request.
3.3.5 Part 91 Requests. If you are a part 121 or 135 air carrier or a part 125 air operator who is preparing to hire a pilot whose previous experience is only with part 91 operators, you should still send a PRIA records request to these companies for any training or safety-related information that they may have. You should recognize that most part 91 operators do not establish or maintain the pilot records required by PRIA (except part 91K fractional ownerships) and are not required to do so. However, since the definition of “person” includes a part 91 operator, you should still send a PRIA records request and the company should respond to that request. If the company has no information, they should indicate to you that no information is available.
Note: If the pilot you are preparing to hire only worked privately as an individual 14 CFR part 61 flight instructor, there is no need to prepare and send a PRIA records request because there is no company to request records from.
3.4 Process Responses. Within 30 calendar-days after receiving your request, the FAA, previous employer(s), and NDR must provide copies of all the required records to you.
Under no circumstances should you accept PRIA records that a pilot/applicant hand-delivers or personally generates. If the records are not received from the requested entity, the FAA recommends a request to be reinitialized to avoid reviewing records that could possibly be flawed or have been tampered with through any changes in the chain of custody.
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3.4.1 Protect Confidentiality of Pilot/Applicant’s Records. Only your company personnel directly involved in the hiring process may view and evaluate the PRIA records. Ensure that other individuals uninvolved in the hiring process do not view or have access to the records.
3.4.2 Process Requests for Payment. The previous employer may include a “statement for payment” to you to recoup the cost of furnishing the records. The PRIA statute allows the former employer to establish a reasonable charge, but does not specifically define this term, so the definition of “reasonable” from Merriam-Webster’s dictionary should apply:
“Within the bounds of common sense; not extreme or excessive; fair.”
3.4.3 Make Additional NDR Requests. If the NDR returned a positive pointer report (showing a driver’s license suspension or revocation, or a driving under the influence (DUI) conviction), you must send a second NDR request to the state identified in the first report to obtain the full details.
3.4.4 Document “Good Faith” Attempts to Obtain Records. If a pilot/applicant’s former employer has not responded after 30 calendar-days, document your attempts to obtain the PRIA records from them and contact the PRIA program manager to determine its status (see paragraph 3.5.2). If the nonresponding employer is bankrupt, out of business, or is a foreign entity, your documented attempts to contact that employer fulfill your obligation under PRIA.
3.4.5 Provide Records to the Applicant. If the pilot/applicant requested it, provide the individual with a copy of the NDR records. This is generally done by the hiring air carrier after those records have been requested and received.
3.4.6 Allow Pilots/Applicants an Opportunity to Respond. Before making a final hiring decision, you must provide the pilot/applicant with a reasonable opportunity to submit written comments to correct any inaccuracies contained in the records. Retain such statements in the PRIA file for the individual. These comments may be included in the records from the previous employer; however, the pilot may forward these comments to you at some point during the interview or records review process.
3.5 Exceptions and Special Rules Regarding Certain Pilots.
3.5.1 Pilots of Certain Small Aircraft. Before receiving the required records from the pilot/applicant’s former employer(s), you may allow a fully qualified individual to begin service for a period not to exceed 90 calendar-days as the pilot of an aircraft having a maximum payload capacity of 7,500 pounds or less (as defined in 14 CFR part 110, § 110.2) or a helicopter, provided the following requirements are adhered to and documented:
1. The flight is not a scheduled operation (as defined in § 110.2).
2. You obtain and evaluate the PRIA records from the former employer(s) before the end of the 90-day period.
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3. You obtain and evaluate DOT-related drug and alcohol testing records.
In accordance with 49 CFR § 40.25(d), unless you have received and evaluated these records within 30 calendar-days of the initial request, you must not allow the individual to continue to perform as a pilot. In other words, failure to obtain the required DOT-related drug and alcohol testing records within 30 calendar-days of the request will invalidate the option of this provision that allows the pilot to work for the initial 90-calendar-day period.
The only exception would be if you made a documented good faith effort to obtain those records (see paragraph 3.5.2).
4. The agreement between you and the pilot/applicant states that a favorable decision concerning the continued employment of the individual depends on the satisfactory evaluation of all PRIA records by company management.
3.5.2 Good Faith Exception. You may allow an individual to begin service as a pilot 30 calendar-days after submitting the request without first obtaining information from a previous employer that has gone out of business, is in bankruptcy, or is a foreign government or operator that employed the individual, if you make a documented attempt to obtain such information.
3.5.2.1 Send PRIA Records Request. Send the PRIA records request (FAA Forms 8060-11, 8060-11A, and 8060-12) to the former employer as usual. We recommend that you send it through the USPS (certified, return receipt requested) or a private mail carrier that documents the date of delivery.
3.5.2.2 Undeliverable USPS Returns. If the USPS returns the receipt and/or the envelope as undeliverable, keep these in the individual’s PRIA-related records file to document the attempt. You should attempt to follow up to determine if you can obtain a current address. If you do not receive any response after the 30-calendar-day processing period, you are responsible for learning why the former employer did not comply with the PRIA records request and determining a satisfactory resolution. For drug and alcohol testing records, three attempts to obtain the records within a 30-calendar-day period would be considered a reasonable attempt to obtain the records. You may report a nonresponse to the AFS-620 PRIA program manager, who will attempt to determine if the former employer is still in business.
3.5.2.3 Foreign Air Carrier Returns. If a foreign air carrier never returns the records or it refuses to acknowledge or comply with the request, you may follow the provisions of the good faith exception and then either hire or decline to hire the pilot/applicant 30 calendar-days after submitting the request.
3.5.2.4 Documenting Nonexistent Air Carriers or Providers. You must document that the air carrier or air operator who would be required to provide the information no longer exists, or that a foreign government or foreign entity holds the required information. Then, you can proceed with the hiring process 30 calendar-days after submitting the request to the former employer if you