1.

PURPOSE. This advisory circular (AC) provides information and standard forms, but not the only forms, that may be used to comply with some of the provisions of the Pilot Records Improvement Act of 1996 (PRIA), which is contained in Title V of Public Law 104-264, 110 Stat. 3259 (1996). The statute requires air carriers, prior to hiring an individual as a pilot, to request and receive: from the Federal Aviation Administration (FAA), certain records pertaining to the individual concerning pilot certificates, associated ratings, medical certificates, and summaries of legal enforcement actions; from other air carriers or other persons for whom the individual may have been employed in the past 5-year period, certain records pertaining to training, competency, disciplinary actions, and/or terminations or other causes for separation concerning the prior employee; and from the National Driver Register pertinent records concerning the motor vehicle driving record of the individual being considered for hiring. Note that this new statutory requirement only applies to those operators that have or are required to have an air carrier certificate. Further, air carriers that also conduct intrastate operations under Title 14 of the Code of Federal Regulations (14 CFR) parts 121 or 135 are required to comply with the new requirements.

2.

RELATED CODE OF FEDERAL REGULATIONS AND UNITED STATES CODE.

a.

Codification of Certain U.S. Transportation Laws as Title 49, United States Code.

C.

Title 14 of the Code of Federal Regulations (14 CFR) Parts 121, 125, and 135.

d.

Title 23 of the Code of Federal Regulations (23 CFR) Parts 1325 and 1327. DEFINITIONS. The following definitions are provided here in order to assist the reader in understanding the provision of this statute.

3.

a. Air Carrier (reference: 49 U.S.C. § 40102(a)(2)). A citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation.

b. Air Transportation (reference: 49 U.S.C. § 40102(a)(5)). transportation, interstate air transportation or the transportation of mail by aircraft.

Foreign air

Includes

C. Person (reference: 1 U.S.C. § 1, 49 U.S.C. § 40102(a)(33)). corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals. It also includes a governmental authority, trustee, receiver, assignee, and other similar representative.

4. BACKGROUND. On October 9, 1996, President Clinton approved the Federal Aviation Reauthorization Act of 1996 (the Act). The One Hundred Fourth Congress of the United States of America passed the Act, Public Law 104-264, on October 3, 1996, which amended Title 49, United States Code, to reauthorize programs of the FAA, and for other purposes. This AC addresses Title V, Pilot Record Sharing, sections 501 and 502 of the Act, which is codified at 49 U.S.C. section 44936. Section 502 of the Pilot Records Improvement Act of 1996, is reprinted in appendix 1.

5.

EMPLOYMENT INVESTIGATIONS OF PILOT APPLICANTS.

a. The Pilot Records Improvement Act of 1996 (PRIA), Title V of Public Law 104-264, states that all air carriers, before hiring an individual as a pilot, are to request certain FAA records, air carrier records, and other records (49 U.S.C. section 44936(f)(1)(B), as amended by section 502 of the PRIA), and the National Driver Register records concerning that individual. Additionally, the PRIA states that air carriers may use standard forms to obtain the pilot's written consent and to request a copy of the pilot's records for the 5-year period preceding the date of the individual's employment application.

(1) The privacy of the subject of the records is to be protected in accordance with the provisions of 49 U.S.C. section 44936 (f)(11) “PRIVACY PROTECTIONS.--An air carrier that receives the records of an individual under paragraph (1) may use such records only to assess the qualifications of the individual in deciding whether or not to hire the individual as a pilot. The air carrier shall take such actions as may be necessary to protect the privacy of the pilot and the confidentiality of the records, including ensuring that information contained in the records is not divulged to any individual that is not directly involved in the hiring decision."

(2)

records furnished.

(3)

The pilot is to receive notice of the request and may request a copy of any

Under the PRIA, the pilot has the right to correct inaccuracies and to

review any employment records.

b. The National Driver Register (NDR) is used to assist in exchanging information about the motor vehicle driving records of individuals. The NDR maintains records on individuals whose motor vehicle operator's license has been denied, revoked, suspended, or canceled for cause, or who have been convicted of certain serious traffic offenses.