lefttraffic
Member
- Joined
- Mar 29, 2005
- Posts
- 15
I have read many posts on this board about PRIA and what is supposed to be included in one's PRIA file. Since no one (including HR types) seemed to agree on what is legally allowed to go into this file, I wrote to the FAA's PRIA Manager. HR folks, please take note! Below is my question and his answer follows:
MY QUESTION TO JOHN RYAN, FAA PRIA MANAGER
>>>Hi Mr. Ryan,
I was wondering if you could clear up some confusion regarding PRIA records. There is a contentious debate about what current or previous employers are legally allowed to release to prospective employers with respect to pilot records. Some people say that under the PRIA Act, in
addition to all records concerning safety violations, legal enforcement actions, incidents, accidents, drug/alcohol testing etc., an employer is legally allowed (required?) to release other documentation such as written
reprimands, suspensions, etc. relating to violation of company policy (e.g., showing up to work late) -- things that have nothing to do with FAA. Others think that it is illegal to release this personal information that
doesn't pertain to safety or FAA-related issues.
Any clarity you could provide on this issue would be greatly
appreciated.
FAA'S RESPONSE
I would be happy to answer your question. When a request is received here at the FAA, we provide verification of the medical certificate, airman certificate, and any CLOSED enforcement actions within the previous 5 year
period. PRIA does NOT report information concerning accidents, incidents, or open enforcement cases since this information may not have anything to do with the professional competency of a pilot. Next, the specific
information to be reported by any previous air carrier can be found in 14 CFR parts 121.683, Appendix I and J; part 125.401, and part 135.251(b) and 135.255(b). I will let you look those up. The requirement in the statute that confuses most people concerns the disciplinary actions. The
statute (49 U.S.C. section 44709(h) (1)(B)(ii)(II) specifically states: "any disciplinary action taken with respect to the individual that was not subsequently overturned." At first reading, this could be interpreted
to mean ANY disciplinary action. However, this sentence is under the section titled: "other records pertaining to the individual's PERFORMANCE AS A PILOT." This means that the only actions that PRIA is interested in are
those that directly relate to the pilots professional competence and performance as a pilot ONLY. All other disciplinary actions, such as a reprimand for kicking in the coke machine or reading the flight schedule wrong, are NOT included. Please remember, however, that PRIA does
include:
"records of each action taken concerning the release form employment or physical or professional disqualification of the flight crewmember that was not subsequently overturned." Sometimes it is a fine line in what PRIA
is, and is not, interested in. You can visit our website, which contains a wealth of useful information, at:
http://www.faa.gov/avr/afs/pria/
If I can be of further assistance, please let me know.
Best regards,
John Ryan
AFS-620 (PRIA)
[email protected]
MY QUESTION TO JOHN RYAN, FAA PRIA MANAGER
>>>Hi Mr. Ryan,
I was wondering if you could clear up some confusion regarding PRIA records. There is a contentious debate about what current or previous employers are legally allowed to release to prospective employers with respect to pilot records. Some people say that under the PRIA Act, in
addition to all records concerning safety violations, legal enforcement actions, incidents, accidents, drug/alcohol testing etc., an employer is legally allowed (required?) to release other documentation such as written
reprimands, suspensions, etc. relating to violation of company policy (e.g., showing up to work late) -- things that have nothing to do with FAA. Others think that it is illegal to release this personal information that
doesn't pertain to safety or FAA-related issues.
Any clarity you could provide on this issue would be greatly
appreciated.
FAA'S RESPONSE
I would be happy to answer your question. When a request is received here at the FAA, we provide verification of the medical certificate, airman certificate, and any CLOSED enforcement actions within the previous 5 year
period. PRIA does NOT report information concerning accidents, incidents, or open enforcement cases since this information may not have anything to do with the professional competency of a pilot. Next, the specific
information to be reported by any previous air carrier can be found in 14 CFR parts 121.683, Appendix I and J; part 125.401, and part 135.251(b) and 135.255(b). I will let you look those up. The requirement in the statute that confuses most people concerns the disciplinary actions. The
statute (49 U.S.C. section 44709(h) (1)(B)(ii)(II) specifically states: "any disciplinary action taken with respect to the individual that was not subsequently overturned." At first reading, this could be interpreted
to mean ANY disciplinary action. However, this sentence is under the section titled: "other records pertaining to the individual's PERFORMANCE AS A PILOT." This means that the only actions that PRIA is interested in are
those that directly relate to the pilots professional competence and performance as a pilot ONLY. All other disciplinary actions, such as a reprimand for kicking in the coke machine or reading the flight schedule wrong, are NOT included. Please remember, however, that PRIA does
include:
"records of each action taken concerning the release form employment or physical or professional disqualification of the flight crewmember that was not subsequently overturned." Sometimes it is a fine line in what PRIA
is, and is not, interested in. You can visit our website, which contains a wealth of useful information, at:
http://www.faa.gov/avr/afs/pria/
If I can be of further assistance, please let me know.
Best regards,
John Ryan
AFS-620 (PRIA)
[email protected]
