Legal Briefing

How The Present May Affect Your Future

With the heightened interest in aviation that we have experienced lately, the FAA is taking a much stricter view of its enforcement role as it relates to certain violations of the federal aviation regulations. In particular, the FAA is ardently investigating all airspace intrusions, especially those into airspace restrictions identified by notices to airmen (notams). In these cases, the FAA is finding that the airman violated regulations relating to preflight responsibilities, operating into restricted and prohibited areas, and careless or reckless operations. And, the FAA is seeking to impose more severe sanctions for these violations than it may have sought before the events of September 11, 2001.

So, what does this intensified enforcement activity mean to you? First, it should serve as a warning to be even more careful in your flight activities and your understanding of the FARs. Second, if you plan to pursue a career in aviation, keep in mind that by law your violation history, in addition to other information about you, will be made available to a potential employer.

The law that I'm speaking of is the Pilot Records Improvement Act of 1996 (PRIA), and it has been codified into the FAA's statute. In its simplest form, it obligates the potential airline employer to request and receive information pertaining to your flying and driving records, and it obligates previous aviation employers to provide the information upon receiving the request. Records covered by the act include those that the FAA maintains which relate to "legal enforcement actions resulting in a finding by the Administrator of a violation."

The law took effect in the fall of 1996 after Congress reacted to a concern that employers were not conducting pre-employment background checks on pilots. NTSB investigations of at least three airline accidents uncovered evidence that a pilot's current employer was unaware of that pilot's deficient performance in previous piloting jobs. Congress promulgated a law requiring the background checks and disclosure of pertinent information. PRIA requires that "an air carrier," before allowing an individual to begin service as a pilot, must request and receive information from the FAA, any previous pilot employers for the past five years, and the National Driver Register.

The information to be obtained from the FAA pertains to the pilot's certificates and ratings, including the pilot's medical certificate and any limitations - as well as the records of any FAA legal enforcement actions taken against the pilot that resulted in a finding of a violation.

The information to be obtained from previous pilot employers includes practically everything in a pilot's employment record within the past five years except flight and duty-time data. A record entered more than five years before the date of the application is not to be requested and is not to be released.

The information to be obtained from the National Driver Register (NDR) pertains to the pilot's driving history. The NDR, maintained by the U.S. Department of Transportation, is a central repository of information concerning the motor vehicle driving records of individuals. If this sounds familiar, it is the same kind of consent that you sign on the FAA form for an airman medical certificate.

Before the hiring airline may request these records, it must receive your written consent - and may request that you sign a release from liability from any claim arising from the furnishing of the records or the airline's use of the records. Your written consent will be sent to the previous employer(s) with the request for a copy of your records. Before your records are released, you will be notified that your previous employer has received such a request for your records and that you may receive a copy of those records. You may be assessed reasonable charges for copying the records, but it is in your interest to get this information, in the event that they contain unfavorable information.

If there is unfavorable information about you in your records, then the question will be whether the information is proper and accurate. PRIA affords you the opportunity to correct any inaccuracies in the record. The law also gives you the right to submit written comments correcting that inaccurate information to the hiring airline before that airline makes a hiring decision.

The use of the information released about you is restricted. The requesting airline must keep any information it receives confidential, and the airline may not use the information for any purpose other than the hiring consideration. PRIA does not preclude you from suing a person who violates these protections, and PRIA does not limit your rights to sue an individual or entity that knowingly provides false information about you. Otherwise, the law will work as Congress intended it to work - that is, it protects those persons who have information about your aviation experience while making information that is accurate and relevant available to others who may consider hiring you as a pilot.