Pending PRIA Record Request
02-23-2017, 06:25 PM
#1
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Joined APC: Jun 2014
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Pending PRIA Record Request
I was hired by a 121 carrier and started training in Fall 2016. I completed all my training and passed my checkride few weeks back and am waiting to start IOE. However, my ioe cannot be scheduled as my current employer saying that there still waiting on a records request from one of my last airlines. My new airline has made a 2nd attempt in order to check the status but they have failed to hear anything from my previous airline. Now my current airline asked me if i can contact my former airline on my end. But how long can they make me wait and not use me for IOE and on the line as I have passed and done everything on my end successfully. Especially when i have to get 100 hours within 120 days from checkride for consolidation. Would appreciate if there is any rule or procedure i can follow in this.
02-23-2017, 07:40 PM
#2
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Joined APC: Feb 2017
Posts: 21
Only exception for PRIA is if your previous airline went of of business, or your previous employer was a foreign entity that refuses to provide your new employer records. See 49 U.S.C. § 44703(h)(14)(B). *In this situation, everything would have to be thoroughly documented.
The PRIA request probably got lost on someone's desk at your previous carrier. Every carrier has a process for processing PRIA requests and some are better than others.
The PRIA request probably got lost on someone's desk at your previous carrier. Every carrier has a process for processing PRIA requests and some are better than others.
02-23-2017, 08:31 PM
#4
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Joined APC: Jun 2012
Posts: 6,007
The responsibility to collect PRIA data does not rest on the pilot, and in fact the pilot cannot provide it. It must come from the former employers through the FAA database and through records requests; former employers are required by law to comply. Your current new employer should not be requesting you to do their job. Asking you to do it is not part of the good faith effort, and is inappropriate. When your new employer has made a good faith effort, and has documented that effort, their obligation under the law is complete and there is no legal reason to withhold your employment based on PRIA.
In a nutshell, your employer must make a "good faith effort." The requirements to show a good faith effort are outlined below, taken from FAA Order 8000.88, PRIA Guidance for FAA Inspectors. A link is cited for you to visit it yourself.
All employers are required to retain pilot records for five years, as well as all PRIA requested records for five years (whether the pilot actually went to work for them or not). PRIA records are required to be maintained under a FAA database, which an employer can access and search, and from which an employer may obtain records. Not all employers who hire a pilot are required to obtain PRIA records, but all employers for whom a pilot has worked are required to submit their records when requested under PRIA.
If a previous employer has not responded within 30 days after making a good faith effort, your new employer may place you in service. The good faith clause applies to foreign carriers and previous employers who have gone out of business. The good faith exception also applies to operators whose records have been lost or destroyed.
The law applicable to your former employer is found in United States Code 49 USC 44703(h)(5), and your former employer has 30 days under the law to return the requested records. Guidance under the FAA Order 8000.88 for inspectors, for penalties for employers who fail to return a PRIA request and associated records, is the "moderate to maximum civil penalty."
https://www.faa.gov/documentLibrary/...er_8000_88.pdf
Note that the United States Code (49 USC 44703) definition of a good faith exception is more encompassing, and notes that in addition to an air carrier or "other person" that no longer exists, good faith applies to employment by a foreign government, or "other entity" that has not provided data to the FAA data base.
In a nutshell, your employer must make a "good faith effort." The requirements to show a good faith effort are outlined below, taken from FAA Order 8000.88, PRIA Guidance for FAA Inspectors. A link is cited for you to visit it yourself.
All employers are required to retain pilot records for five years, as well as all PRIA requested records for five years (whether the pilot actually went to work for them or not). PRIA records are required to be maintained under a FAA database, which an employer can access and search, and from which an employer may obtain records. Not all employers who hire a pilot are required to obtain PRIA records, but all employers for whom a pilot has worked are required to submit their records when requested under PRIA.
If a previous employer has not responded within 30 days after making a good faith effort, your new employer may place you in service. The good faith clause applies to foreign carriers and previous employers who have gone out of business. The good faith exception also applies to operators whose records have been lost or destroyed.
The law applicable to your former employer is found in United States Code 49 USC 44703(h)(5), and your former employer has 30 days under the law to return the requested records. Guidance under the FAA Order 8000.88 for inspectors, for penalties for employers who fail to return a PRIA request and associated records, is the "moderate to maximum civil penalty."
https://www.faa.gov/documentLibrary/...er_8000_88.pdf
b. Placed into Service. Upon completion of the required company training, a pilot is released for service to begin performance as a pilot, usually under the supervision of a chief pilot or a training captain, for the prescribed period of time or flight hours. Under PRIA, a pilot cannot be placed into service until the hiring air carrier has requested and received the required records, unless a good faith exception applies.
c. Good Faith Exception. Under 49 U.S.C. § 44703(h)(14)(B)
PRIA recognizes certain circumstances in which an air carrier has made a “good faith” effort to obtain the PRIA-required documents but cannot obtain the records from a foreign government or an air carrier that has gone out of business. When the requirements of the good faith exception are met, the pilot may then begin service for the air carrier 30 days after the air carrier has attempted to obtain the PRIA-required records. To meet the good faith exception, the operator must first make and document the attempt to obtain the information required under PRIA, which would include proof that the air carrier:
(1) Prepared and forwarded the following forms:
• FAA Form 8060-10, FAA Records Request (PRIA)
• FAA Form 8060-10A, Airman Notice and Right to Receive Copy − FAA Records (PRIA)
• FAA Form 8060-13, National Driver Register Request (PRIA), or other form acceptable to the hiring air carrier’s State Department of Motor Vehicles (or other appropriate form)
(2) Prepared the following forms and mailed them (certified, return receipt) to the last known address of the previous employer:
• FAA Form 8060-11, Air Carrier and Other Records Request (PRIA)
• FAA Form 8060-11A, Airman Notice and Right to Receive Copy − Air Carrier and Other Records (PRIA)
• FAA Form 8060-12, Authorization for Release of DOT Drug and Alcohol Testing Records Under PRIA and Maintained Under Title 49 Code of Federal Regulations (49 CFR) Part 40
(3) Kept the returned receipt indicating the mail was returned as undeliverable. The receipt should be kept in the pilot’s PRIA-related records file to document the good faith attempt.
(4) Documented that the air carrier or person who would be required to provide the information no longer exists; or that a foreign government or foreign entity holds the required information.
PRIA recognizes certain circumstances in which an air carrier has made a “good faith” effort to obtain the PRIA-required documents but cannot obtain the records from a foreign government or an air carrier that has gone out of business. When the requirements of the good faith exception are met, the pilot may then begin service for the air carrier 30 days after the air carrier has attempted to obtain the PRIA-required records. To meet the good faith exception, the operator must first make and document the attempt to obtain the information required under PRIA, which would include proof that the air carrier:
(1) Prepared and forwarded the following forms:
• FAA Form 8060-10, FAA Records Request (PRIA)
• FAA Form 8060-10A, Airman Notice and Right to Receive Copy − FAA Records (PRIA)
• FAA Form 8060-13, National Driver Register Request (PRIA), or other form acceptable to the hiring air carrier’s State Department of Motor Vehicles (or other appropriate form)
(2) Prepared the following forms and mailed them (certified, return receipt) to the last known address of the previous employer:
• FAA Form 8060-11, Air Carrier and Other Records Request (PRIA)
• FAA Form 8060-11A, Airman Notice and Right to Receive Copy − Air Carrier and Other Records (PRIA)
• FAA Form 8060-12, Authorization for Release of DOT Drug and Alcohol Testing Records Under PRIA and Maintained Under Title 49 Code of Federal Regulations (49 CFR) Part 40
(3) Kept the returned receipt indicating the mail was returned as undeliverable. The receipt should be kept in the pilot’s PRIA-related records file to document the good faith attempt.
(4) Documented that the air carrier or person who would be required to provide the information no longer exists; or that a foreign government or foreign entity holds the required information.
(12) Good faith exception.—Notwithstanding paragraph (1), an air carrier may allow an individual to begin service as a pilot, without first obtaining information described in paragraph (2)(B) from the database pertaining to the individual, if—
(A) the air carrier has made a documented good faith attempt to access the information from the database; and
(B) the air carrier has received written notice from the Administrator that the information is not contained in the database because the individual was employed by an air carrier or other person that no longer exists or by a foreign government or other entity that has not provided the information to the database.
(A) the air carrier has made a documented good faith attempt to access the information from the database; and
(B) the air carrier has received written notice from the Administrator that the information is not contained in the database because the individual was employed by an air carrier or other person that no longer exists or by a foreign government or other entity that has not provided the information to the database.
02-23-2017, 08:40 PM
#5
Prime Minister/Moderator
Joined APC: Jan 2006
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Posts: 39,253
Originally Posted by Britany757
I was hired by a 121 carrier and started training in Fall 2016. I completed all my training and passed my checkride few weeks back and am waiting to start IOE. However, my ioe cannot be scheduled as my current employer saying that there still waiting on a records request from one of my last airlines. My new airline has made a 2nd attempt in order to check the status but they have failed to hear anything from my previous airline. Now my current airline asked me if i can contact my former airline on my end. But how long can they make me wait and not use me for IOE and on the line as I have passed and done everything on my end successfully. Especially when i have to get 100 hours within 120 days from checkride for consolidation. Would appreciate if there is any rule or procedure i can follow in this.
The new 121 employer is not, to my knowledge, required to wait for a response before letting you fly.
They do have to complete the background check, but that's security, while PRIA data is just informational for the airline.
But I suspect an airline could decide to not let you fly if they're waiting on PRIA responses. They can't really do that for previous 91 employers, which are not required to maintain records, but they probably could for previous 121/135 employers. They could probably even terminate you eventually.
It is in your best interest to get that previous employer to respond. While they are technically required by law to respond, I've never heard of any legal enforcement. Or maybe you could wait to get terminated and then sue the former employer....the fact that they were in non-compliance with federal law might make the case pretty easy.
This is one of of several problems with working for small fly-by-night or bottom-feeder operations...PRIA responses for former employees are very, very low on their priority list.
02-24-2017, 08:50 AM
#6
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Thread Starter
Joined APC: Jun 2014
Posts: 44
Well i appreciate your help and input guys. And yes my new current employer is a US airline and my last airline was a US airline as well. Hearing that i might be terminated is kind of shocking and hard to believe considering that I did nothing wrong in my end , i mean looking at this i just see disorganization and lack of communication somewhere between these airlines. Anyhow, i did contact my former employer on my end to see and they did respond to me and they said there having trouble collecting and gathering all my records so thats the reason for the delay. And then they asked me if i had any records in my custody from the employment tenure when I flew for them. And of course i dont have any records, so i did my part of contacting them even though it was not my job. Hopefully, they can sent them whenever they have it ready and my current airline can schedule me for IOE . Thanks for your help and input guys.
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