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Business aircraft operators' private flight operations under 14 C.F.R. part 91 (Part 91) are not as private as one might think. Under 14 C.F.R. part 111 ("Part 111"), certain Part 91 operators of business aircraft are required to comply with the Pilot Records Database ("PRD") regulations. These operators must disclose, upon request, records they maintain with respect to their pilot hiring, training and checks, and employment termination.Specifically, if an aircraft operator conducts flights under Part 91 using two or more aircraft in furtherance of, or incidental to, the aircraft operator's business where the aircraft either (a) require a type rating or (b) are turbine helicopters, the operator is a "Business Aircraft Operator" subject to several of the requirements under the PRD.
So, how does PRD work for Business Aircraft Operators?Access to the PRD
Business Aircraft Operators must submit an application to access the PRD at least 30 days before the operator initiates aircraft operations. Application is made through the FAA's PRD website. The application must include the name of the operator and the full name, job title, telephone number, and email address of the "responsible person."
The responsible person is "an individual authorized to sign and submit the application required by this section who is employed by the operator and whose identity the Administrator has verified." Once approved, the responsible person may access the PRD on behalf of the Part 91 business aircraft operator and may delegate PRD access to authorized users and proxies. Any change to the application information requires an amendment within 30 days of the change.
Reporting to the PRD
Business Aircraft Operators already operating on June 10, 2022, are required to submit their responses to Part 111 requests using the PRD after that date or, if operations are commenced after June 10, 2022, within 30 days of commencing operations.
Within 14 days of receiving a request for pilot information, Business Aircraft Operators will be required to provide to the PRD information on the following:
• drug and alcohol testing (if applicable);
• pilot training, qualifications, and proficiency;
• final disciplinary actions related to pilot performance;
• final separation from employment; and
• certain historical data (which is voluntary).
However, Business Aircraft Operators will only have to submit this data if they possess the information. If they do not possess responsive records, Business Aircraft Operators must provide a statement to that effect. Once produced, this information will be available for review by pilots who may access their own records and air carriers that have a pilot's consent to access those same records.
Business Aircraft Operators are not required to review or access the PRD when they hire pilots. However, if an operator is going to review the PRD records for a pilot, the operator must obtain the pilot's consent. The FAA will maintain the PRD records for the life of the pilot.
If the Business Aircraft Operator discovers or is advised of an alleged error or inaccuracy in information previously reported to the PRD, it must correct that record in the PRD within 10 days or initiate an investigation to address and resolve any dispute over the accuracy of the record within 30 days. In the latter circumstance, upon completion of the investigation, the record must be corrected in the PRD, or, if the operator determines that no correction is required, the disposition of the investigation must be reported to the PRD.
Concerns
Because Part 111 does not impose any new records-creation obligation on Part 91 operators, some Business Aircraft Operators, in order to reduce their administrative burden, may choose to limit the records they create or collect related to pilot training, currency, qualifications, and professional competence. However, the absence of such records data could be a detriment to an operator in situations where those types of records would otherwise assist or support the operator in making employment decisions regarding the pilot.
It is also possible that records that once included explanations, observations, or other feedback for the benefit or education of the pilot (or maybe the operator) (e.g., comments by an examiner or check airman) might now be limited to simply documenting "satisfactory" or "unsatisfactory" to avoid future adverse impact on the pilot. The absence of this commentary could result in a less effective training or checking event, in addition to negating the benefits otherwise intended by the law.
The PRD obligations could also create or increase liability exposure for Business Aircraft Operators. Failure to comply with PRD requirements could subject the operator to FAA legal enforcement action. An employer could be exposed to a civil lawsuit brought by a former pilot employee regarding the information either reported, or not reported, to the PRD. And an operator's PRD compliance could certainly factor into an employer's or operator's third-party liability exposure arising from an accident involving a pilot where incomplete or inaccurate pilot information was, or perhaps wasn't, reported as required.
It will be important for Business Aircraft Operators to ensure that their reporting is within the PRD parameters. Reporting too much, too little, or inaccurate information, or failing to comply with the PRD's correction process when an error is reported, could result in having to defend against a former pilot employee's lawsuit under state employment laws.
Conclusion
Business Aircraft Operators subject to Part 111 need to review the regulations to understand their new reporting obligations. In addition to the new regulations, FAA letters of interpretation issued by the FAA's Office of the Chief Counsel discussing the Pilot Records Improvement Act (the PRD predecessor), FAA Advisory Circular 120-68J, and the FAA's PRD website are also recommended reading to understand the PRD obligations. Finally, Business Aircraft Operators should review their record-keeping practices to determine not only what records need to be reported but also what records they may or may not want to create in the first place.
Greg Reigel is an aviation attorney and a partner in Shackelford, McKinley andamp; Norton, LLP in Dallas, Texas. He has more than two decades of experience working with airlines, charter companies, fixed base operators, airports, repair stations, MROs, aircraft lenders and lessors, pilots, mechanics, and other aviation businesses.