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Old 03-11-2019, 11:26 PM   #1  
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Default Co owner legal question.

Hi, I'm looking at purchasing a plane with another pilot for the purpose of time building. Is there like a "background" check I can do on the other guy to see if he's ever been caught breaking FARs, or had his license suspended? I know it's not a great thing to think about but I want the peace of mind of knowing I did what I could do to check out his history. Thanks!!!
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Old 03-12-2019, 04:45 AM   #2  
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Several websites offer ‘background’ checks.
I’d be more interested in bankcruptcy, credit score and income of ik about to share an airplane purchase.
I’m assuming a loan and not an outright cash buy?

*although I’m suspecting this is not the reason why you’re asking.
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Old 03-12-2019, 06:37 AM   #3  
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You should be able to do a FOIA request which will provide most of the FAA info you're looking for.

Some Airlines do this all the time, to get info which PRIA does not provide (part 91 checkride busts and older violations).
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Old 03-13-2019, 05:20 AM   #4  
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Quote:
Originally Posted by Mcnabadl1 View Post
Hi, I'm looking at purchasing a plane with another pilot for the purpose of time building. Is there like a "background" check I can do on the other guy to see if he's ever been caught breaking FARs, or had his license suspended? I know it's not a great thing to think about but I want the peace of mind of knowing I did what I could do to check out his history. Thanks!!!
Just in case you do not know this - get an aviation attorney to draft up an operating and ownership agreement. I speak from experience. They make the ownership experience pleasant and fair.
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Old 03-13-2019, 07:06 PM   #5  
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Quote:
Originally Posted by rickair7777 View Post
You should be able to do a FOIA request which will provide most of the FAA info you're looking for.

Some Airlines do this all the time, to get info which PRIA does not provide (part 91 checkride busts and older violations).
Um, no, the FOIA requests used by air carriers require the consent of the individual who being asked about. Otherwise there is nothing to “FOIA”, because you are specially asking for PII.
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Old 03-14-2019, 08:33 AM   #6  
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Um, no, the FOIA requests used by air carriers require the consent of the individual who being asked about. Otherwise there is nothing to “FOIA”, because you are specially asking for PII.
There is a spectrum of information which is subject to FOIA.

PII is definitely precluded, so no address or medical info. I don't think PII extends to certification and violation info, but am not certain.

In the case of aviators, there's a balance between individual privacy and the public's right to know. We don't get as many protections as licensed drivers, ie you can't google somebodies license plate and find out who owns it... unless it's an airplane.

That's the whole point of FOIA... the government MUST cough up the info unless there's a statutory reason not to. There is no discretion on the part of an agency.

I'm pretty sure that the entire contents of your FAA record is not PII. Even though some pilots wish it were.
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Old 03-15-2019, 05:52 PM   #7  
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Originally Posted by rickair7777 View Post
There is a spectrum of information which is subject to FOIA.

PII is definitely precluded, so no address or medical info. I don't think PII extends to certification and violation info, but am not certain.

In the case of aviators, there's a balance between individual privacy and the public's right to know. We don't get as many protections as licensed drivers, ie you can't google somebodies license plate and find out who owns it... unless it's an airplane.

That's the whole point of FOIA... the government MUST cough up the info unless there's a statutory reason not to. There is no discretion on the part of an agency.

I'm pretty sure that the entire contents of your FAA record is not PII. Even though some pilots wish it were.
I've never heard of anyone FOIAing records such as an airman file without the consent of the airman. If it wasn't required, the airlines wouldn't ask for the consent and would just do it.
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Old 03-16-2019, 08:51 AM   #8  
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I've never heard of anyone FOIAing records such as an airman file without the consent of the airman. If it wasn't required, the airlines wouldn't ask for the consent and would just do it.
Consent is not required for FOIA, that's the whole point... to get info the government would just as soon not release.

Airlines likely get consent just because they can, and it maybe protects them from any question of impropriety.

Or more likely they get consent so that the FOIA request will also return some privacy-protected info. You can FOIA almost anything about yourself, including privacy info but excluding classified/law enforcement investigation info. Your consent would grant that to a third party, so they can see what you can see.

But it doesn't hurt to try it and see what happens, all they can do is say no. May not be quick though.
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Old 03-17-2019, 04:58 AM   #9  
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Originally Posted by rickair7777 View Post
Consent is not required for FOIA, that's the whole point... to get info the government would just as soon not release.

Airlines likely get consent just because they can, and it maybe protects them from any question of impropriety.

Or more likely they get consent so that the FOIA request will also return some privacy-protected info. You can FOIA almost anything about yourself, including privacy info but excluding classified/law enforcement investigation info. Your consent would grant that to a third party, so they can see what you can see.

But it doesn't hurt to try it and see what happens, all they can do is say no. May not be quick though.
Yes. More info here: https://www.faa.gov/pilots/lic_cert/...OIA_and_PA.pdf
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