Regulatory and Certification Policy
Regulatory Brief: FAA Security-Enhanced Pilot Certificates
The issue
Plastic certificates
On February 28 2008, the FAA released its final rule requiring pilots and airmen to switch from their paper pilot certificates to the new counterfeit resistant plastic certificate. Pilots have until March 31, 2010, and all other airmen have until March 31, 2113, to convert their certificates in order to continue to exercise their privileges. After the 2010 and 2013 deadlines, pilots and airman who have not converted will have to request and receive a new plastic certificates before exercising their privileges.
Temporary, student, and flight instructor certificates (flight instructor certificates are already being issued as plastic) are not impacted by this rule. Pilots and airman can request the plastic certificate through the FAA’s Web site. The cost is $2. However, if you are removing your social security number from your pilot certificate, the switch is free.
Photo certificates
This final rule DOES NOT provide for the issuance of a pilot certificate with a photo of the holder as required by the Intelligence Reform and Terrorism Prevention Act (IRTPA) of 2004. Pilots are required to carry photo identification acceptable to the administrator when exercising the privileges of a pilot certificate as outlined in FAR 61.3(a). Additionally, pilots are required to present photo identification when requested by the administrator, an authorized representative of the National Transportation Safety Board (NTSB) or Transportation Security Administration (TSA), or a law enforcement officer.
Background
The terrorist attacks of 9/11 prompted the FAA to act on a proposed rule that was initially published in the late 1980s but never finalized. In the late 1980s, drug enforcement laws set out requirements that the FAA support federal, state, and local agencies by denying access to the National Airspace System to any person(s) who would threaten national security by committing criminal acts. In part, the law required that the FAA issue new, more secure pilot certificates.
In July 2003, the FAA began issuing new, security-enhanced airman certificates to the nation’s 650,000 active pilots. The new credit card-size plastic certificates are made from high-quality composite PVC media card stock and incorporate new security features, such as a hologram of the FAA seal. According to the FAA, close to 500,000 of the new airman certificates have been issued.
Additionally, in October 2004, Congress implemented recommendations from the 9/11 Commission Report that included a directive to the FAA to start issuing pilot certificates that include a photo ID within six months after the bill becomes law. President Bush signed this Intelligence Reform and Terrorism Prevention Act (IRTPA) into law on December 17, 2004. Based on AOPA advocacy, the law addresses pilot concerns about the difficulty of going to an FAA facility by encouraging the use of designees (such as aviation medical examiners) for taking the pilot’s picture.
The initiative to address IRTPA, including requiring photographs on pilot certificates, will require additional rulemaking, according to the FAA. The FAA has not yet issued a proposal for public comment but does intend to ultimately establish a digital photo requirement for pilot certificates.
The current requirement to carry a photo ID when flying as pilot in command became effective October 28, 2002. AOPA petitioned the FAA to implement these measures to address security concerns regarding the identification.
AOPA’s position
AOPA supports enhancing the quality of the pilot certificate but wants to ensure that any new requirements do not impose unnecessary regulatory burden on pilots. While AOPA supports including a pilot’s photo on the pilot certificate, the association maintains that it is unrealistic to expect the FAA to provide the new certificates within the time frame allowed by law. That is why AOPA successfully petitioned the FAA in 2002 for the current photo ID requirement. This requirement states that pilots must carry a government-issued photo ID when exercising pilot privileges.
AOPA worked with Congress to ensure that the law allows the FAA to use designees in the process of issuing a photo pilot certificate, but we remain concerned about the impact this accelerated time frame could have on our members. We are working with Congress and the FAA to ensure that the process for obtaining a photo doesn’t impose an unreasonable burden on pilots.
Updated March 27, 2008
