InFO 08020: Pilot Records Improvement Act – bankruptcy and shutdown, or liquidation

InFOInformation for Operators

U.S. Department InFO: 08020

of Transportation DATE: 4/29/2008

Federal Aviation

Administration Flight Standards Service

Washington, DC http://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/info An InFO contains valuable information for operators that should help them meet certain administrative, regulatory, or operational requirements with relatively low urgency or impact on safety.

Subject: Pilot Records Improvement Act – bankruptcy and shutdown, or liquidation

Purpose: To inform air carrier certificate holders seeking to hire displaced pilots, and pilots seeking reemployment, of the provisions of the Pilot Records Improvement Act of 1996 (PRIA, or the Act) with respect to failed airlines holding pertinent pilot records.

Background: On October 9, 1996, the President signed PRIA into law. It is contained in Section 502 of Public Law 104-264. PRIA was enacted primarily as a result of certain airline accidents attributable to pilot error. In some of those cases it was later found that the pilots had histories of poor performance, but their employers had not investigated the pilots’ backgrounds. In broad terms, PRIA requires an air carrier certificate holder, before allowing a pilot to begin service as a new hire, to request and obtain that pilot’s records held by three entities, the FAA, the National Driver Register, and previous employers of the pilot.

Discussion: The high cost of aviation fuel and other adverse market conditions have caused several air carriers to fail in recent months with the likelihood of more failures to follow. Those failures have caused many pilots to be displaced from their jobs and to seek reemployment with other air carriers. When an air carrier is in bankruptcy and has ceased operations, or is being liquidated, the question is being asked how can a (hiring) air carrier obtain pilot records from one of those air carriers? The PRIA Act contemplates such a situation.

Failing to obtain required records, or failing to receive a response at all, the Act simply requires that evidence of a “good faith effort” be included in a pilot’s employment record. For more specific detail, go to the following FAA public web site: http://www.faa.gov/pilots/lic_cert/pria/ FAA Advisory Circular No. 120-68D, Pilot Records Improvement Act of 1996, as Amended, contains comprehensive information relating to PRIA, and standard forms.

http://www.airweb.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/MainFrame?Open FrameSet

Recommended action: Directors of safety, directors of operations, chief pilots, persons involved with the hiring of pilots, and job-seeking pilots themselves should be aware of the content of this InFO, and the supplementary information available at the websites shown above.

Point of Contact: Any questions regarding this INFO should be directed to John Ryan, AFS-620, Aviation Data Systems, 405-954-6367 or email to: john.a.ryan@faa.gov

Approved by: AFS-200 OPR: AFS-620