FAA COMPLETES RULE ESTABLISHING PILOT RECORDS DATABASE
June 4, 2021
On March 26, 2021, the FAA announced, but has not yet published, a final rule, available here, finalizing regulations for the use of an electronic Pilot Records Database (PRD) and requirements for air carriers and other operators to share pilot records in the PRD. The PRD is intended to serve as a repository for pilot records and will contain records from a pilot’s current and former employers, as well as the FAA. This final rule requires “reporting entities”, which includes all 14 CFR part 119 certificate holders, fractional ownership programs, persons holding a letter of authorization (LOA) to conduct air tour operations under § 91.147, persons conducting certain operations under part 91 or part 125 (referenced in the rule as “corporate flight departments” or “corporate operators”), and governmental entities conducting public aircraft operations (PAO) to report pilot records to the PRD. The rule then requires the same reporting entities to review PRD records prior to allowing an individual to begin service as a pilot. Important is the inclusion of “corporate flight departments”, a term the FAA uses to describe operators of two or more aircraft conducting operations in furtherance of or incidental to a business, solely pursuant to the general operating and flight rules in part 91 or operating aircraft pursuant to a Letter of Deviation Authority issued under § 125.3.
It is also important to note under the new rule potential employers cannot search the PRD indiscriminately, as an operator that wishes to view records can only see a pilot’s record if the pilot has specifically granted consent to that hiring employer. Additionally, when reviewing PRD records, potential employers will only be provided specific data elements, in contrast to current practice under Pilot Record Improvement Act, in which pilot records are exchanged in their entirety.
The rule will go into effect in a number of stages; 90 days after publication of the rule reporting entities can begin submitting applications for PRD access; 180 days after publication, reporting entities can begin using the PRD for review of records; one year after publication entities must begin reporting current pilot records, historical records, and reviewing operator records in the PRD; two years after publication entities must complete historical record reporting for records dating on or after January 1, 2015; and three years after publication compliance with PRIA will no longer be available as an alternative to PRD and full compliance with PRD will be required.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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