InFO 11014: Title 14 of the Code of Federal Regulations (14 CFR) Parts 91, 121, 125 and 135 Retention of Pilot Records for the Pilot Records Database (PRD)

InFOInformation for Operators

U.S. Department InFO 11014

of Transportation DATE: 8/15/11

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: Title 14 of the Code of Federal Regulations (14 CFR) Parts 91, 121, 125 and 135 Retention of Pilot Records for the Pilot Records Database (PRD)

Purpose: The purpose of this InFO is to advise air carriers and other persons who employ pilots of the requirement to prepare for and retain various records, as discussed below, for transmission to the Federal Aviation Administration (FAA) Pilot Records Database. Specifically, all air carriers or persons who employ pilots under parts 91, 121, 125 and 135 are required to retain all records defined in the discussion section of this document that were maintained as of August 1, 2010 and that will be created in the future. Reference 44703(i)(4)(B)(i)&(ii).

Background: On August 1, 2010, the Airline Safety and Federal Aviation Administration Extension Act of 2010, Public Law 111-216, 124 Stat. 2348 (2010) (the “Act” or the “PRD Act”), was signed into law. The Act amends the Pilot Records Improvement Act (“PRIA”) by requiring the FAA to create a pilot records database (PRD) that will contain various types of pilot records to be provided by the FAA, air carriers and other persons who employ pilots. FAA must maintain these records until it receives notice that the pilot is deceased. Air carriers will use this database to perform a background check on a pilot in deciding whether or not to hire the individual as a pilot.

The FAA chartered the Pilot Records Database Aviation Rulemaking Committee to provide recommendations for implementation of the PRD and will initiate rulemaking later this year. Until implementation of the PRD, the PRIA law and Advisory Circular 120-68E remain in effect.

Discussion: The Act requires air carriers and other persons to provide records that are maintained by the air carrier or other person, including records required under §§ 121.683, 120.111(a), 120.219(a), 125.401, and 135.63(a)(4), as applicable.

Air carriers and other persons who employ pilots must also provide records pertaining to the individual’s performance as a pilot concerning (a) the training, qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by check airmen designated in accordance with §§ 121.411, 125.295, or 135.337; (b) any disciplinary action taken with respect to the individual that was not subsequently overturned; and (c) any release from employment or resignation, termination, or disqualification with respect to employment.

Upon implementation of the PRD, compliance with the Act requires air carriers and other persons to provide those records identified in the Act that are maintained by the air carrier or other persons on August 1, 2010 and five years prior to that date.

Distributed by: AFS-200 OPR: AFS-600

Distributed by: AFS-200 OPR: AFS-600

Recommended Action: Air carriers and other persons who have employed an individual as a pilot at any time after August 1, 2005 should review the applicable provisions of Public Law 111-216, § 203, which is available at the Government Printing Office (GPO) Web Site at the following URL: http://www.gpo.gov/fdsys/pkg/PLAW-111publ216/pdf/PLAW-111publ216.pdf. Persons covered by the Act should take appropriate actions to preserve relevant records to comply with the Act.

Contact: Questions or comments regarding this InFO should be directed to Jack O’Hare, Regulatory Support Division, Designee Quality Assurance Branch, AFS-600 at (405)-954-9808.