The Federal Aviation Administration (FAA) recently released an Advisory Circular clarifying which termination records must be released under the Pilot Records Improvement Act (PRIA).
The Federal Aviation Administration (FAA) recently released an Advisory Circular clarifying which termination records must be released under the Pilot Records Improvement Act (PRIA). According to the new AC, all termination records must be released, regardless of whether those records relate to pilot competency. See AC No. 120-68D, Advisory Circular, Pilot Records Improvement Act of 1996, 11/07/07, located HERE.
The recent opinion reflects a change in the FAA’s position on this issue. Previously, the agency stated that PRIA only requires the release of termination documents that relate to a pilot's competency.
Under PRIA, before a newly hired pilot is placed into service, the hiring employer (if it is a U.S. air carrier under Part 121 or 135 or a U.S. air operator under Part 125) must obtain and review the last five years of the pilot’s background and other safety-related records from, among others, the pilot’s current and previous employers.
Records that must be provided include:
1. Initial and recurrent training records;
2. Records concerning qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by a check airman. For example, documents that show the individual’s qualifications as instructor/evaluator, check airman, or examiner; and records of the individual’s proficiency checks (recurring checks for captain, first officer, or line checks);
3. Records of any disciplinary action(s) that were not subsequently overturned, if these disciplinary actions pertained to the individual’s performance as a pilot;
4. Any release from employment or resignation, termination, or disqualification of the individual with respect to employment.
Disciplinary Actions that Resulted in Termination of Employment: The new AC states that covered employers must report any disciplinary actions that played any role in the pilot’s termination or release from employment.
Disciplinary Actions Involving Pilot’s Performance: However, an employer is required to report disciplinary actions unrelated to a pilot’s termination or release from employment only if the actions involved the individual’s performance as a pilot and have not been subsequently overturned. Employers should not report other employment-related disciplinary actions that have nothing to do with the pilot’s aeronautical duties and did not result in discharge or termination.
If you have any questions about the new AC, the PRIA or other airline employment-related issues, please contact the Ford & Harrison attorney with whom you usually work or Sarah Fuson, an attorney in our Atlanta office, at 404-888-3959 or sfuson@fordharrison.com.