PRIA questions
02-19-2013, 07:39 PM
#11
On Reserve
Joined APC: Feb 2010
Posts: 23
I am a sheriff volunteer pilot where a vast majority of my flying was derived. I was never paid. Is this something that would go on this form instead of just listing total time? Would I have to get paperwork from the sheriff's department?
02-19-2013, 08:43 PM
#12
Moderator
Joined APC: May 2006
Position: ATP, CFI etc.
Posts: 6,056
My understanding (and I am not an aviation attorney):
* does the job appear on your pilot resume, or your employment history?
* was piloting a central or necessary part of the duties?
* did the job occupy any significant amount of your time?
* did the job generate a significant number of your logbook hours?
* did you get a W-2 from the employer?
* was it DOT drug and alcohol tested?
These are just a few tests that come to mind. There's no harm in erring on the side of caution and disclosure. I would think it more dangerous to fail to disclose a significant job than reporting an insignificant item to have it disregarded later.
* does the job appear on your pilot resume, or your employment history?
* was piloting a central or necessary part of the duties?
* did the job occupy any significant amount of your time?
* did the job generate a significant number of your logbook hours?
* did you get a W-2 from the employer?
* was it DOT drug and alcohol tested?
These are just a few tests that come to mind. There's no harm in erring on the side of caution and disclosure. I would think it more dangerous to fail to disclose a significant job than reporting an insignificant item to have it disregarded later.
02-19-2013, 09:23 PM
#13
Disinterested Third Party
Joined APC: Jun 2012
Posts: 6,018
What would you do if a previous employer has gone out of business or doesn't exist anymore, or no longer has a mailing address?
d.
Document “Good Faith” Attempts to Obtain Records. If a pilot/applicant’s former employer has not responded after 30 calendar-days, document your attempts to obtain the PRIA records from them and contact the PRIA program manager to determine its status. (See paragraph 3-5b below). For drug and alcohol testing records, three attempts to obtain the records within a 30-day period would be considered to be a reasonable attempt to obtain the records. If the nonresponding employer is bankrupt, out of business, or is a foreign entity, your documented attempts to contact that employer fulfill your obligation under PRIA.
The applicability of PRIA (from same source above):
1-4.
APPLICABILITY.
a.
Affected Party. PRIA specifically applies to the following:
(1)
Any U.S. air carrier operating under Title 14 of the Code of Federal Regulations (14 CFR) part 121 or 135, or any U.S. air operator under 14 CFR part 125, for the purpose of requesting records.
(2)
Any U.S. air carrier operating under part 121 or 135, any U.S. air operator operating under part 125, other person, or trustee in bankruptcy for an operator that employed the individual as the pilot of a civil or public aircraft at any time during the 5-year period before the date of the individual’s employment application for the purpose of furnishing records.
(3)
Any individual who is applying for a position as a pilot with a U.S. air carrier or operator, and has been employed as a pilot of a civil or public aircraft at any time during the 5-year period before the date of the individual’s employment application for the purpose of employment.
NOTE:
If you are a single pilot operator, you are still subject to the provisions of PRIA. Complete the PRIA forms as both the air carrier representative and the pilot (as subject of the request). In the margin of the request, enter the statement “SINGLE PILOT OPERATOR” in large letters to identify yourself as such.
Applicability to emplyoyers:
b.
Determining if PRIA Applies to You When Hiring a Pilot. Use the following checklist to determine if PRIA requires you to request records for a pilot. (Also, see the definitions in Chapter 6.) When hiring a pilot, PRIA applies and you must request records concerning a pilot/applicant if you answer “yes” to either of the two questions below.
(1)
Are you an air carrier operating under part 121 or 135, or an air operator operating under part 125?
(2)
Do you engage in air transportation as defined in 49 U.S.C. § 40102(a)(5)? You engage in air transportation if you provide:
•
Foreign air transportation (flag operation);
•
Air transportation on an interstate basis; or
•
Transportation of U.S. mail.
c.
Contract and/or Shared Pilots Concerning PRIA. Before allowing an individual to begin service as a pilot, an air carrier or air operator must request and receive PRIA-related records, regardless of whether they hire the pilot directly or by contract. In all cases, the PRIA burden is on the air carrier or air operator, not the company providing the pilot under a contract, or the individual pilot. In other words, if an air carrier or air operator is going to utilize the temporary services of a contract or shared pilot provided by a staffing-type agency or other concern, the burden remains with the utilizing air carrier or air operator to comply with the PRIA statutes.
d.
PRIA Participation by 14 CFR Part 91 Operators. If you are a part 91, § 91.147 operator (formerly a part 135, § 135.1(c) operator) you must request drug and alcohol testing records when hiring a pilot/applicant for your air tour operation. Other part 91 operators are not required to request records when hiring a pilot/applicant because they do not meet the definition of an air carrier (see the definitions in Chapter 6). However, if you operate under part 91 and you receive a request for records under the authority of PRIA, you are required to respond because you meet the definition of “person.” Thus, you must furnish any PRIA-related records you accumulated on an individual you employed as a pilot within the previous 5 years.
Exceptions:
e.
Other Exceptions From PRIA When Hiring Pilots. If you are hiring a pilot, PRIA does not apply if you (1) conduct your operations on an intrastate basis only and are not operating air tours under § 91.147, and (2) you do not transport U.S. mail even if you carry passengers and cargo, and even if you use common carriage, adhere to a schedule, and operate under an air carrier certificate. In other words, the definition of air transportation must be fulfilled before PRIA will apply to your operation.
Other exceptions include:
(1)
Flights or other operations not operating under part 121, 125, or 135 or § 91.147.
(2)
Other operators would include 14 CFR part 133 external load operators, 14 CFR part 137 agricultural operations, part 91 subparts F and K, or other unique part 91 operations. Air agencies include aviation-related companies operated in private industry but certificated by the FAA, including the following types of operations: domestic satellite repair station, parachute loft, domestic repair station, aviation maintenance technical schools, training centers, foreign repair station, and foreign satellite repair stations.
(3)
If you are a pilot that has been continuously employed by the same air carrier or air operator with no break in service since the initiation of the Pilot Records Improvement Act on February 6, 1997, you are not required to comply with the provisions of PRIA or to have a PRIA Background Report on file.
NOTE:
Even if you meet one of the above exceptions and are not required to request records when hiring pilots for your operation, if you receive a request for PRIA-related records, you are required to respond by forwarding such records that you may have accumulated concerning the pilot/applicant within the previous 5-year period.
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