PRIA question

[skypine69]

Does PRIA include discipline for matters not involving pilot ability (or lack of ability)? Lets say some one was suspended 2 weeks for telling the CP to go f himself (Not the actual scenario). Is that required to be reported under PRIA?

Thanks!

 

[avbug]

A former employer can report whatever they wish. If you have a problem with a former employer, it may or may not get reported to a new employer. Some employers are unwilling to discuss negative matters, but will simply state that they would not hire you again, as is their perogative. Others will be more candid.

You have certain rights. You have the right to review the material submitted under the Act, and the right to correct, or submit for correction that material.

A person receiving a request under PRIA (that would be a former employer, FAA, etc) must provide the individual who is the subject of the request (that would be you) written notice of the request and of your right to receive a copy of such records within 20 days of receipt of the request. That person (former employer, FAA, etc) must also furnish a copy of such records within a reasonable time, but not later than 30 days after the date of the request, if requested by you.

As you've received proper notification regarding the process, in FAA Form 8060-10, FAA Records Request (PRIA), and FAA Form 8060-11, Air Carrier and Other Records Request (PRIA), an employer or person forwarding records is NOT required to tell you that you must request to see your records in writing. It's up to you to know the law and the employer doesn't have to share the records unless you make a proper request, and the employer does not need to advise you of your right to the information, or even tell you how to make the request.

Before making a final hiring decision with respect to the individual, an air carrier that maintains, or requests and receives, the your records shall you with a reasonable opportunity to submit written comments to correct any inaccuracies contained in the records. Remember, you have got to make the request to see the records in the first place; the employer doesn't need to offer you the records for review, unless you request them. You can't very well make comments about inaccuracies if you don't request them.

Unless there are other provisions of law or agreement to the contrary, you have the statutory right to review your records. (Upon written request from a pilot who is or has been employed by such air carrier: the air carrier shall make available to you for review, any and all employment records referred to in PRIA pertaining to your employment. The air carrier shall also provide a copy of these records to you within a reasonable time, but not later than 30 days after the date of your request.

Now here's the kicker: no legal action may be brought by you (or on your behalf) when when you've applied for or are seeking a position with an air carrier as a pilot and who have signed a release from liability.

This prohibition against legal action applies to the air carrier requesting your records, a person who has complied with such request; a person who has entered information contained in your records; or an agent or employee of a person described PRIA. This applies to defamation; invasion of privacy; negligence; interference with contract, or otherwise; or under any Federal or State law with respect to the furnishing or use of such records in accordance with PRIA.

What does this mean to you? If you don't like what you see, or bad things are said about you, you cannot take legal action against the hiring company, or your former employers.

You can read about it Advisory Circular AC 120-68B. You can read the document at http://www.faa.gov/avr/afs/pria/.

Before allowing a pilot to begin service, the PRIA requires an employing air carrier to request and receive certain information concerning that individual. That information must include certain records from: (1) the FAA; (2) other air carriers or persons; and (3) the National Driver Register.

Any air carrier that has employed the individual as a pilot of a civil or public aircraft at any time during the 5-year period preceding the date of the employment application is required to provide these records. Entities that employ pilots and maintain pilot records but are not air carriers must provide the records identified by PRIA to the requesting air carrier within the time specified.

This means that if you flew skydivers or did flight instruction, those employers must also provide your records.

The following records MUST be provided:

FAA Records, including current airman certificates with associated type ratings and limitations; current airman medical certificate including any limitations; and summaries of FAA legal enforcement actions resulting in a finding by the Administrator of a violation that was not subsequently overturned.

Records pertaining to the individual that are maintained by an air carrier (other than records relating to flight time, duty time, or rest time) under regulations set forth in parts 119, 121, 125, and 135. All records related to the collection process, including all logbooks and certification statements.

Records of employee confirmed positive drug test results. SAP evaluations. Employee rehabilitation records. Records of negative test results. Records of employee alcohol test results with results indicating an alcohol concentration of 0.02 or greater. Records related to other violations of 14 CFR Part 65, 121, 135. Documentation of refusals to take required alcohol tests. Calibration documentation.

Employee evaluations and referrals. Copies of any annual reports submitted to the FAA under Appendix J, Part 121. Records related to the collection process (except calibration of evidential breath testing devices) and training. Records of all test results below 0.02. Collection logbooks, if used.Documents relating to the random selection process. Calibration documentation for evidential breath testing devices. Documentation of breath alcohol technician training. Documents generated in connection with decisions to administer reasonable suspicion alcohol tests. Documents generated in connection with decisions on post-accident tests.

Records related to test results: Documents verifying existence of a medical explanation of the inability of a covered employee to provide adequate breath for testing. The employer's copy of the alcohol test form, including the results of the test; Documents related to the refusal of any covered employee to submit to an alcohol test. Documents presented by a covered employee to dispute the result of an alcohol test

Records related to evaluations about drug or alcohol abuse.

Records pertaining to a determination by a substance abuse professional concerning a covered employee's need for assistance. Records concerning a covered employee's compliance with the recommendations of the substance abuse professional. Records of notifications to the Federal Air Surgeon of violations of the alcohol misuse prohibitions in 14 CFR, Chapter 1 by covered employees who hold medical certificates issued under Part 67.
iv. Records related to education and training: materials on alcohol misuse awareness; documentation of training provided to supervisors for the purpose of qualifying the supervisors to make a determination concerning the need for alcohol testing based on reasonable suspicion.

Certification that any training conducted under this appendix complies with the requirements for such training. Also Other records pertaining to the individual's performance as a pilot that are maintained by the air carrier or person.

The training, qualifications, proficiency, or professional competence of the individual, including comments and evaluations made by a check airman designated in accordance with Parts 121, 125, or 135.

Any disciplinary action taken with respect to the individual that was not subsequently overturned.

Any release from employment or resignation, termination, or disqualification with respect to employment.

 

[LegacyDriver]

This whole PRIA thing really has my dander up and here's why... My company (our Chief Pilot in particular) likes to discipline people before he has all the facts. "I don't give a **CENSORED****CENSORED****CENSORED****CENSORED** about what's in the contract" is his attitude (and I have heard him say it before in person).

The Union's response to this nonsense is that, "We can't really stop them from doing this, we can only fight to overturn it later."

I have a pair of letters in my file in which discipline was dumped on me without merit or evidence. I'm grieving them, but this will take months (if not a year or more) to correct. In the meantime I want to get out of this place but everytime I mention having letters in my file the interviewer gets very quiet.

As the first poster stated, these have nothing to do with flying ability or safety (I have never blown a tire and never failed a ride), but for some reason, employers seem to think everyone they hire has to be perfect. They also seem to think that if a letter is in your file it must be the truth even if it isn't.

If you are appealing a letter of discipline is it still included with PRIA?

Also, with regard to FlexJet, Flight Options, Pfizer, etc...... Are these companies required to comply with requesting a PRIA on a pilot candidate or not?

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Also, my reading of the language shows that the airline is REQUIRED to include letters of discipline. "Any records maintained by the company regarding..."


I am furious over being stuck here because of bogus letters in my file. Are there ANY companies out there that don't do PRIA checks?

 

[LegacyDriver]

*PUNT*

Anyone? Anyone?

 

[imr125]

Excellent question about the company letters in your file and PRIA. I'm also looking for a reply...