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.
