INFORMATION PROVIDED BY
PRIA, FOIA, and THE PRIVACY ACT
(AFS
-620 PRIA 014) Version 3 /
6- 30-
2014
/ JAR Page 3 of 10
CHAPTER ONE
1- 1. Actions Required To Be Reported By PRIA:
For the purposes of completing requests for information by AFS
-620, the FAA defines
reportable legal actions as: “Summaries of FAA legal enforcement actions ‘resulting in a
finding’ by the Administrator
, of a violation that was ‘not subsequently overturned’.”
“Resulting in a finding” means that the case has been fully adjudicated and closed. In
other words, only fully adjudicated and closed enforcement cases are required to be
, and
in fact, are reported by PRIA
for the 5-
year period preceding the date on the application.
1- 2. Actions NOT Reported By PRIA:
PRIA does NOT provide information concerning accidents or incidents in which the
pilot may have been involved, any type of administrative action such as a warning letter,
as well as
enforcement cases that are still open, pending, cases under appeal, or reopened,
when reporting on a pilot’s performance record. FAA’s Office of Chief Council has
determined that doing so could be unfair to the pilot because:
1.
These reports may or may not involve pilot error.
2.
Pilots identified in accident and incident reports do not receive the same due
process protections enjoyed by legal enforcement actions; and
3.
Open cases that have not been fully reviewed by FAA, NTSB, or possibly by a
U.S. Court of Appeals, could eventually be drop
ped or dismissed by the court.