Management: Accessing Pilot Records for Hiring and Reporting

Part 119 certificate holders, fractional ownership operators and certain air tour operators should review pilot hiring processes prior to the Sept. 9, 2024, sunset of the Pilot Records Improvement Act of 1996 (PRIA) program. The new Pilot Records Database (PRD), established as 14 CFR Part 111 in 2021, will become the sole method of reviewing pilot records prior to hiring.

Paul Lange of the Law Offices of Paul A. Lange, LLC suggests employers impacted by the PRD rule establish clear policies and procedures to meet regulatory requirements while mitigating risks of employment law concerns. These policies should ensure the operator fulfills the PRD mandate but does not add extraneous information. Further, the sheer volume of historic records required to be submitted is a big hurdle for some operators.

“Anecdotal evidence suggests employers of large numbers of pilots with long history at the company have challenges uploading historic documents,” said Lange. “Develop a method of compliance and apply it consistently across the board. For example, consider entering the names of all previous and current pilots at a minimum, completing remaining reporting responsibilities going forward.”

Lange also suggests pilots review the accuracy of their own records before giving permission to a prospective employer to review their data.

While only Part 119 certificate holders, fractional ownership operators and certain air tour operators are required to review PRD information prior to hiring, other entities are required to report pilot information to the PRD. These include:

• Entities conducting public aircraft operations (PAO);
• Certain Part 91 flight departments (as defined in the PRD rule) and specific entities operating under Part 125; and
• A trustee appointed by a bankruptcy court for an operator or entity subject to the reporting requirements.

Part 111 requires the following Part 91 flight departments to register:

• The operator operates two or more aircraft;
• The aircraft are standard airworthiness airplanes that require a type rating under 14 CFR
• Part 61, § 61.31(a) and/or turbine-powered rotorcraft;
• The aircraft is operated in furtherance of or incidental to a business; and
• Solely pursuant to the general operating and flight rules in 14 CFR Part 91, or that operates aircraft pursuant to a Letter of Deviation Authority (LODA) issued under 14 CFR Part 125, § 125.3.

All air carriers and operators who must review FAA records under PRIA and/or 49 CFR Part 111 were required to utilize the PRD to obtain records beginning on Dec. 7, 2021.

Beginning on Sept. 9, 2024, the PRIA program will cease to be effective in accordance with 14 CFR Part 111.5(b).

“The Sept. 9, 2024, sunsetting of the PRIA program is quickly approaching. Even if a regulated party has missed a previous deadline, now is the time to develop internal processes to come into compliance and remain in compliance,” said Brian Koester, CAM, former NBAA director of flight operations and regulations. “Pilots should also log into the PRD, if they haven’t already, to ensure their own records are accurate.”

Review NBAA’s resources for PRIA at nbaa.org/pria.