Applicability of the Pilot Records Database to Corporate Flight Departments
The FAA recently adopted final regulations governing the new Pilot Records Database (PRD). This effort is meant to modernize the pilot record sharing that currently occurs under PRIA, however it also expands the applicability to certain Part 91 only operators. Covered Part 91 operators are required to register for the PRD and report certain records.
PRD Applicability to Part 91 Operators Known as Corporate Flight Departments
Under Section 111.1(b)(4), entities operating two or more aircraft that either require a type certificate (i.e. large aircraft and turbojet-powered aircraft) or are turbine-powered rotorcraft, solely under Part 91, in furtherance of or incidental to their business, are subject to certain aspects of the PRD. The FAA refers to these entities as “corporate flight departments” in its guidance. Keep in mind that an entity does not need to own an aircraft to be an operator. An entity that obtains an aircraft via dry lease is in operational control of the aircraft for its flights, and thus is the operator of that aircraft.
Compliance Deadlines for Corporate Flight Departments Subject to Pilot Records Database
The main PRD deadlines for Part 91 operators that meet the definition are:
- September 30, 2021 – Register for PRD access
- June 10, 2022 – Begin reporting required records in the PRD
In the event that a Part 91 operator becomes subject to the PRD after these compliance dates, then they are required to register for PRD access at least 30 days prior to initiating the aircraft operations to which the PRD applies, and to begin reporting within 30 days of commencing those operations.
Required Reporting for Corporate Flight Departments Subject to PRD
Part 91 operators meeting the definition in Section 111.1(b)(4), must report the following:
- 225 – Training, qualification, and proficiency records
- 230 – Final disciplinary action records
- 235 – Final separation from employment records
These operators generally have the option to report these records within 14 days of receipt of a request from a reviewing entity under 111.215(b), but in the case of disciplinary actions that result in removal, or separations of employment, the records must be reported within 30 days of the record becoming final. Operators must generally retain the records eligible to be reported under 111.215(b)(1) for five years.
Lori N. McGee is a partner with the law firm of Jetstream Aviation Law and counsels clients on the acquisition, financing and operation of corporate jets operated under Part 91 and Part 135 of the Federal Aviation Regulations. Jetstream Aviation Law can be found at www.JetstreamLaw.com.
The information provided here is not legal advice and does not purport to be a substitute for advice of counsel on any specific matter. For legal advice, you should consult with an attorney concerning your specific situation.
