49 U.S.C. § 44703 : US Code - Section 44703: Airman certificates

Search 49 U.S.C. § 44703 : US Code - Section 44703: Airman certificates

(a) General. - The Administrator of the Federal Aviation
Administration shall issue an airman certificate to an individual
when the Administrator finds, after investigation, that the
individual is qualified for, and physically able to perform the
duties related to, the position to be authorized by the
certificate.
(b) Contents. - (1) An airman certificate shall -
(A) be numbered and recorded by the Administrator of the
Federal Aviation Administration;
(B) contain the name, address, and description of the
individual to whom the certificate is issued;
(C) contain terms the Administrator decides are necessary to
ensure safety in air commerce, including terms on the duration of
the certificate, periodic or special examinations, and tests of
physical fitness;
(D) specify the capacity in which the holder of the certificate
may serve as an airman with respect to an aircraft; and
(E) designate the class the certificate covers.
(2) A certificate issued to a pilot serving in scheduled air
transportation shall have the designation "airline transport pilot"
of the appropriate class.
(c) Public Information. -
(1) In general. - Subject to paragraph (2) and notwithstanding
any other provision of law, the information contained in the
records of contents of any airman certificate issued under this
section that is limited to an airman's name, address, and ratings
held shall be made available to the public after the 120th day
following the date of the enactment of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century.
(2) Opportunity to withhold information. - Before making any
information concerning an airman available to the public under
paragraph (1), the airman shall be given an opportunity to elect
that the information not be made available to the public.
(3) Development and implementation of program. - Not later than
60 days after the date of the enactment of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century, the
Administrator shall develop and implement, in cooperation with
representatives of the aviation industry, a one-time written
notification to airmen to set forth the implications of making
information concerning an airman available to the public under
paragraph (1) and to carry out paragraph (2). The Administrator
shall also provide such written notification to each individual
who becomes an airman after such date of enactment.
(d) Appeals. - (1) An individual whose application for the
issuance or renewal of an airman certificate has been denied may
appeal the denial to the National Transportation Safety Board,
except if the individual holds a certificate that -
(A) is suspended at the time of denial; or
(B) was revoked within one year from the date of the denial.
(2) The Board shall conduct a hearing on the appeal at a place
convenient to the place of residence or employment of the
applicant. The Board is not bound by findings of fact of the
Administrator of the Federal Aviation Administration but is bound
by all validly adopted interpretations of laws and regulations the
Administrator carries out unless the Board finds an interpretation
is arbitrary, capricious, or otherwise not according to law. At the
end of the hearing, the Board shall decide whether the individual
meets the applicable regulations and standards. The Administrator
is bound by that decision.
(e) Restrictions and Prohibitions. - The Administrator of the
Federal Aviation Administration may -
(1) restrict or prohibit issuing an airman certificate to an
alien; or
(2) make issuing the certificate to an alien dependent on a
reciprocal agreement with the government of a foreign country.
(f) Controlled Substance Violations. - The Administrator of the
Federal Aviation Administration may not issue an airman certificate
to an individual whose certificate is revoked under section 44710
of this title except -
(1) when the Administrator decides that issuing the certificate
will facilitate law enforcement efforts; and
(2) as provided in section 44710(e)(2) of this title.
(g) Modifications in System. - (1) The Administrator of the
Federal Aviation Administration shall make modifications in the
system for issuing airman certificates necessary to make the system
more effective in serving the needs of airmen and officials
responsible for enforcing laws related to the regulation of
controlled substances (as defined in section 102 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 802)) and related to combating acts of terrorism. The
modifications shall ensure positive and verifiable identification
of each individual applying for or holding a certificate and shall
address at least each of the following deficiencies in, and abuses
of, the existing system:
(A) the use of fictitious names and addresses by applicants for
those certificates.
(B) the use of stolen or fraudulent identification in applying
for those certificates.
(C) the use by an applicant of a post office box or "mail drop"
as a return address to evade identification of the applicant's
address.
(D) the use of counterfeit and stolen airman certificates by
pilots.
(E) the absence of information about physical characteristics
of holders of those certificates.
(2) The Administrator of the Federal Aviation Administration
shall prescribe regulations to carry out paragraph (1) of this
subsection and provide a written explanation of how the regulations
address each of the deficiencies and abuses described in paragraph
(1). In prescribing the regulations, the Administrator of the
Federal Aviation Administration shall consult with the
Administrator of Drug Enforcement, the Commissioner of Customs,
other law enforcement officials of the United States Government,
representatives of State and local law enforcement officials,
representatives of the general aviation aircraft industry,
representatives of users of general aviation aircraft, and other
interested persons.
(3) For purposes of this section, the term "acts of terrorism"
means an activity that involves a violent act or an act dangerous
to human life that is a violation of the criminal laws of the
United States or of any State, or that would be a criminal
violation if committed within the jurisdiction of the United States
or of any State, and appears to be intended to intimidate or coerce
a civilian population to influence the policy of a government by
intimidation or coercion or to affect the conduct of a government
by assassination or kidnaping.
(4) The Administrator is authorized and directed to work with
State and local authorities, and other Federal agencies, to assist
in the identification of individuals applying for or holding airmen
certificates.
(h) Records of Employment of Pilot Applicants. -
(1) In general. - Subject to paragraph (14), before allowing an
individual to begin service as a pilot, an air carrier shall
request and receive the following information:
(A) FAA records. - From the Administrator of the Federal
Aviation Administration, records pertaining to the individual
that are maintained by the Administrator concerning -
(i) current airman certificates (including airman medical
certificates) and associated type ratings, including any
limitations to those certificates and ratings; and
(ii) summaries of legal enforcement actions resulting in a
finding by the Administrator of a violation of this title or
a regulation prescribed or order issued under this title that
was not subsequently overturned.
(B) Air carrier and other records. - From any air carrier or
other person (except a branch of the United States Armed
Forces, the National Guard, or a reserve component of the
United States Armed Forces) that has employed the individual as
a pilot of a civil or public aircraft at any time during the 5-
year period preceding the date of the employment application
of the individual, or from the trustee in bankruptcy for such
air carrier or person -
(i) records pertaining to the individual that are
maintained by an air carrier (other than records relating to
flight time, duty time, or rest time) under regulations set
forth in -
(I) section 121.683 of title 14, Code of Federal
Regulations;
(II) paragraph (A) of section VI, appendix I, part 121 of
such title;
(III) paragraph (A) of section IV, appendix J, part 121
of such title;
(IV) section 125.401 of such title; and
(V) section 135.63(a)(4) of such title; and
(ii) other records pertaining to the individual's
performance as a pilot that are maintained by the air carrier
or person concerning -
(I) the training, qualifications, proficiency, or
professional competence of the individual, including
comments and evaluations made by a check airman designated
in accordance with section 121.411, 125.295, or 135.337 of
such title;
(II) any disciplinary action taken with respect to the
individual that was not subsequently overturned; and
(III) any release from employment or resignation,
termination, or disqualification with respect to
employment.
(C) National driver register records. - In accordance with
section 30305(b)(8) of this title, from the chief driver
licensing official of a State, information concerning the motor
vehicle driving record of the individual.
(2) Written consent; release from liability. - An air carrier
making a request for records under paragraph (1) -
(A) shall be required to obtain written consent to the
release of those records from the individual that is the
subject of the records requested; and
(B) may, notwithstanding any other provision of law or
agreement to the contrary, require the individual who is the
subject of the records to request to execute a release from
liability for any claim arising from the furnishing of such
records to or the use of such records by such air carrier
(other than a claim arising from furnishing information known
to be false and maintained in violation of a criminal statute).
(3) 5-year reporting period. - A person shall not furnish a
record in response to a request made under paragraph (1) if the
record was entered more than 5 years before the date of the
request, unless the information concerns a revocation or
suspension of an airman certificate or motor vehicle license that
is in effect on the date of the request.
(4) Requirement to maintain records. - The Administrator and
air carriers shall maintain pilot records described in paragraphs
(1)(A) and (1)(B) for a period of at least 5 years.
(5) Receipt of consent; provision of information. - A person
shall not furnish a record in response to a request made under
paragraph (1) without first obtaining a copy of the written
consent of the individual who is the subject of the records
requested; except that, for purposes of paragraph (15), the
Administrator may allow an individual designated by the
Administrator to accept and maintain written consent on behalf of
the Administrator for records requested under paragraph (1)(A). A
person who receives a request for records under this subsection
shall furnish a copy of all of such requested records maintained
by the person not later than 30 days after receiving the request.
(6) Right to receive notice and copy of any record furnished. -
A person who receives a request for records under paragraph (1)
shall provide to the individual who is the subject of the records
-
(A) on or before the 20th day following the date of receipt
of the request, written notice of the request and of the
individual's right to receive a copy of such records; and
(B) in accordance with paragraph (10), a copy of such
records, if requested by the individual.
(7) Reasonable charges for processing requests and furnishing
copies. - A person who receives a request under paragraph (1) or
(6) may establish a reasonable charge for the cost of processing
the request and furnishing copies of the requested records.
(8) Standard forms. - The Administrator shall promulgate -
(A) standard forms that may be used by an air carrier to
request records under paragraph (1); and
(B) standard forms that may be used by an air carrier to -
(i) obtain the written consent of the individual who is the
subject of a request under paragraph (1); and
(ii) inform the individual of -
(I) the request; and
(II) the individual right of that individual to receive a
copy of any records furnished in response to the request.
(9) Right to correct inaccuracies. - An air carrier that
maintains or requests and receives the records of an individual
under paragraph (1) shall provide the individual with a
reasonable opportunity to submit written comments to correct any
inaccuracies contained in the records before making a final
hiring decision with respect to the individual.
(10) Right of pilot to review certain records. -
Notwithstanding any other provision of law or agreement, an air
carrier shall, upon written request from a pilot who is or has
been employed by such carrier, make available, within a
reasonable time, but not later than 30 days after the date of the
request, to the pilot for review, any and all employment records
referred to in paragraph (1)(B)(i) or (ii) pertaining to the
employment of the pilot.
(11) Privacy protections. - An air carrier that receives the
records of an individual under paragraph (1) may use such records
only to assess the qualifications of the individual in deciding
whether or not to hire the individual as a pilot. The air carrier
shall take such actions as may be necessary to protect the
privacy of the pilot and the confidentiality of the records,
including ensuring that information contained in the records is
not divulged to any individual that is not directly involved in
the hiring decision.
(12) Periodic review. - Not later than 18 months after the date
of the enactment of the Pilot Records Improvement Act of 1996,
and at least once every 3 years thereafter, the Administrator
shall transmit to Congress a statement that contains, taking into
account recent developments in the aviation industry -
(A) recommendations by the Administrator concerning proposed
changes to Federal Aviation Administration records, air carrier
records, and other records required to be furnished under
subparagraphs (A) and (B) of paragraph (1); or
(B) reasons why the Administrator does not recommend any
proposed changes to the records referred to in subparagraph
(A).
(13) Regulations. - The Administrator shall prescribe such
regulations as may be necessary -
(A) to protect -
(i) the personal privacy of any individual whose records
are requested under paragraph (1) and disseminated under
paragraph (15); and
(ii) the confidentiality of those records;
(B) to preclude the further dissemination of records received
under paragraph (1) by the person who requested those records;
and
(C) to ensure prompt compliance with any request made under
paragraph (1).
(14) Special rules with respect to certain pilots. -
(A) Pilots of certain small aircraft. - Notwithstanding
paragraph (1), an air carrier, before receiving information
requested about an individual under paragraph (1), may allow
the individual to begin service for a period not to exceed 90
days as a pilot of an aircraft with a maximum payload capacity
(as defined in section 119.3 of title 14, Code of Federal
Regulations) of 7,500 pounds or less, or a helicopter, on a
flight that is not a scheduled operation (as defined in such
section). Before the end of the 90-day period, the air carrier
shall obtain and evaluate such information. The contract
between the carrier and the individual shall contain a term
that provides that the continuation of the individual's
employment, after the last day of the 90-day period, depends on
a satisfactory evaluation.
(B) Good faith exception. - Notwithstanding paragraph (1), an
air carrier, without obtaining information about an individual
under paragraph (1)(B) from an air carrier or other person that
no longer exists or from a foreign government or entity that
employed the individual, may allow the individual to begin
service as a pilot if the air carrier required to request the
information has made a documented good faith attempt to obtain
such information.
(15) Electronic access to faa records. - For the purpose of
increasing timely and efficient access to Federal Aviation
Administration records described in paragraph (1), the
Administrator may allow, under terms established by the
Administrator, an individual designated by the air carrier to
have electronic access to a specified database containing
information about such records. The terms shall limit such access
to instances in which information in the database is required by
the designated individual in making a hiring decision concerning
a pilot applicant and shall require that the designated
individual provide assurances satisfactory to the Administrator
that information obtained using such access will not be used for
any purpose other than making the hiring decision.
(i) Limitation on Liability; Preemption of State Law. -
(1) Limitation on liability. - No action or proceeding may be
brought by or on behalf of an individual who has applied for or
is seeking a position with an air carrier as a pilot and who has
signed a release from liability, as provided for under paragraph
(2), against -
(A) the air carrier requesting the records of that individual
under subsection (h)(1);
(B) a person who has complied with such request;
(C) a person who has entered information contained in the
individual's records; or
(D) an agent or employee of a person described in
subparagraph (A) or (B);
in the nature of an action for defamation, invasion of privacy,
negligence, interference with contract, or otherwise, or under
any Federal or State law with respect to the furnishing or use of
such records in accordance with subsection (h).
(2) Preemption. - No State or political subdivision thereof may
enact, prescribe, issue, continue in effect, or enforce any law
(including any regulation, standard, or other provision having
the force and effect of law) that prohibits, penalizes, or
imposes liability for furnishing or using records in accordance
with subsection (h).
(3) Provision of knowingly false information. - Paragraphs (1)
and (2) shall not apply with respect to a person who furnishes
information in response to a request made under subsection
(h)(1), that -
(A) the person knows is false; and
(B) was maintained in violation of a criminal statute of the
United States.
(j) Limitation on Statutory Construction. - Nothing in subsection
(h) shall be construed as precluding the availability of the
records of a pilot in an investigation or other proceeding
concerning an accident or incident conducted by the Administrator,
the National Transportation Safety Board, or a court.