Legal Briefing

A New ID Requirement For Pilots

As many people in the flight-training environment are no doubt experiencing, aviation security has taken on heightened significance at FBOs and on airport ramps. Measures to increase and assure security in aviation are implemented every day. Flight training is taking the brunt of these security measures because of the simple fact that the terrorists who flew the aircraft on September 11, 2001, obtained flight training that probably aided them in their ability to wreak such horrid disaster. Flight schools are required to conduct a security education program for flight school employees to increase their awareness of suspicious circumstances and activities of individuals enrolling in or attending flight school. And now the FAA has promulgated a new rule to help the nation's aviation security effort to definitively identify the individuals who are piloting aircraft.

Historically, pilots are identified by presentation of their airman certificates, including their pilot and medical certificates as issued by the FAA. The certificates currently issued by the FAA do not contain a picture or biometric imprint of the person to whom the certificate was issued, but they do include identifying information and do identify the privileges that may be exercised by the certificate holder. As a pilot exercising the privileges of your airman certificate, you are required by FAR 61.3 to carry your FAA certificates and present them for inspection upon a request from the FAA; an authorized representative of the National Transportation Safety Board; or any federal, state, or local law enforcement officer. This is the basic regulatory requirement, and it is a part of any student's primary flight training.

The new federal regulation imposes an additional certification requirement on the pilot, but it should not impose an undue burden on any of us. It simply requires us to carry and be able to present one more piece of identification, and it's probably something we're carrying anyway. That is, FAR 61.3 has been amended to require individuals to carry and present for inspection a government-issued photo identification along with their FAA-issued certificates. The FAA expects that the most commonly used photo identification will be a driver's license - which most pilots use on their trip to the airport - although there are other acceptable forms of identification.

The history behind the new regulation is simple. The Aviation and Transportation Security Act, enacted November 19, 2001, directed that the Transportation Security Administration - the new federal agency within the Department of Transportation - consult with the FAA to consider whether to require all pilot licenses to incorporate a photograph of the license holder and appropriate biometric imprints. Congress had given similar direction to the FAA as part of the Drug Enforcement Assistance Act of 1988 in order to combat drug smuggling.

In February 2002, AOPA took the initiative to address the congressional objectives of the two laws. AOPA petitioned the FAA to adopt the inexpensive and expedient measure of requiring pilots to carry photographic identification on their persons while exercising the privileges of a pilot certificate. AOPA proposed this as an appropriate alternative to the apparently cumbersome and expensive process of redesigning and reissuing all the certificates that pilots currently hold in order to incorporate a photograph.

The new rule adopts the core of AOPA's petition, but only as an interim measure in responding to the objectives of Congress. The rule was issued without prior notice so that it could become immediately effective and, thus, minimize security threats and potential security vulnerabilities. Still, the FAA invited written comments, which had to be submitted on or before Nov- ember 27, 2002, and the agency will consider those comments and may further amend FAR 61.3 in response. And, the FAA states that it will continue to work in conjunction with the TSA to determine what further actions may be needed to improve security in the airman certification process.

Practically speaking, this new rule probably will not alter your current habits, since most people carry their driver's license with them wherever they go - and more often than not, we drive to the airport ourselves. Still, this is something to add to your preflight check.

Kathy Yodice is an attorney with Yodice Associates in Washington, D.C., which provides legal counsel to AOPA and administers AOPA's Legal Services Plan. She is an instrument-rated private pilot.