At yesterday’s Senate Aviation Operations, Safety and Security subcommittee hearing resounded with questioning of concerned Senators as they grilled the new head of the FAA over fatigue, consistent safety standards and crew training issues raised by the Colgan Air tragedy in Buffalo. One of the focuses was transparency of pilots’ records.
Subcommittee Chairman Dorgan led the charge noting that the airlines can easily see the entire history of an airplane from the time that it came into service, including its maintenance, repairs and equipment additions. However, the airlines do not have access to the entire history of a pilot and his records of testing failures and check-ride examinations.
The pilot training and record transparency were front and center during the two-hour hearing. Dorgan noted news items indicating that the pilot of the doomed Colgan Air plan had failed repeated competency testing and several test rides. These were not available to Colgan Air under privacy regulations currently in force under FAA regulations.
Freshly appointed FAA Chairman Randy Babbitt added that contributing to the problems about gathering pilot flight records is the fact that some of the records, such as check-rides, reside with the FAA and other training, simulator and education requirements are held by individual airlines.
Current regulations under the Pilot Record Improvement Act of 1996 (PRIA) only require the air carriers to “obtain the last five years’ performance and disciplinary records for a prospective pilot from their previous employer. These records would include information regarding initial and recurrent training, qualifications, proficiency, or professional competence including comments and evaluations made by a check airman.” (My italics.)
PRIA also requires the air carriers to obtain records for a pilot from the FAA. These are the records protected by the Privacy Act of 1974. However, PRIA does require a limited waiver from prospective pilots to release of some information. Other information requires further privacy waivers. Specifically, this protected information includes “Notices of Disapproval for flight checks for certificates and ratings.”
Dorgan repeatedly noted that the pilots records should be as open and available to the public and the airlines as the aircraft records are. His concern was echoed by Sen. Thune who agreed that he felt legislation was needed to force pilots to reveal their flight records to both the FAA and the airlines. Senator Lautenburg asked whether there should be a “three strikes, you’re out” or something along those lines for pilots who fail testing.
During the subsequent discussions about rationale behind the current pilot training and re-certification procedures, a visibly irritated Lautenburg noted that he would rather ruin a pilot’s career than have a plane full of passengers perish.
This battle over releasing complete pilot records will be a hard-fought one on Capitol Hill. With indignant Senators lining up behind disclosure and an FAA headed by a former pilot and a strong pilots’ union structure, legislation requiring full pilot records disclosure may have a difficult time in the current Congress.
{ 4 comments… read them below or add one }
If you are a pilot flying a plane your records should be available to view, because of all the lives that you have in your hands everyday while flying. If you are going to pilot a plane, people should know what kind of training you have had.
I remember flying from South Caroline to North Caroline while in the service. The pilot was a women with a woo hoo attitude we were flying into charolette the winds where really bad the small plane was bouncing all over the place. everyone was white knuckled and all I kept saying to myself was thank goodness I did not eat this morning, my stomach was in my throat. The pilot was laughing and acting like a kid. just before we landed she said thankyou for flying with me on my first flight. I could not wait to get off of the plane all the passengers ran off the plane once we were on the ground and cleared to get off.
Dorgan repeatedly noted that the pilots records should be as open and available to the public and the airlines as the aircraft records are.
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I’ve read this article with interest several times. Charlie, thanks for an interesting and educating article. The problem, as usual, seems to fall between the airlines and the FAA. I never knew that airlines didnt have access to pilot performance issues such as checkrides. The Colgan Pilot failed repeated check rides and competency testing. But, where was the discipline? the return to training? and who held the pilot accountable for this (repeated) occurrence?
The FAA does the checkrides and the company does mostly, all other training. Records should be accessible between the two agencies, the faa and the airline.
but, NOT THE PUBLIC. Sharing the records seems to be the issue along with thorough training approved by the FAA.
What is incredible to me is that, if you apply for most jobs today, even for a position such as a window washer, restaurant bus person, or janitor, the prospective employer can see your credit history, despite the positions having nothing to do with what your credit history says, nor are these positions where lives would be in your hands.
But a bad pilot can apply to fly 300 people in a jumbo jet without worry that his full flying history on the FAA’s record books can be seen by any airline that may hire him!
Go figure!
I really don’t think that there is any chance that the public will get access to pilots records, however, the airlines and the FAA should have full disclosure.
I’ll bet that Babbitt was one of the pilots working to protect their privacy back in the day. Now, he is being put in a tough position as a former head of the pilots union. So far the FAA has actually worked harder to protect the pilots and the airlines than they work protecting the public.
How much access the unions and pilots want to relinquish will be interesting as this moves forward.