Aviation News Item: 11549

13th Aug 2010

Source: aviationweek.com

Business aviation advocates are expressing concern that new laws governing pilot safety will have a substantial impact on the industry and will impose a series of new burdens. The rules were signed into law Aug. 1 as part of an extension of FAA's authorization (BA, Aug. 2/3). The pilot safety rules stem from the Feb. 12, 2009, crash of Colgan Air Flight 3407 in Buffalo, N.Y.

House Transportation and Infrastructure Committee Chairman James Oberstar (D-Minn.) says the investigation into the aftermath of the crash "rocked the airline industry, stunned the American public, and identified the need to closely examine the regulations governing pilot training and rest requirements, with a particular focus on regional airlines." The new rules, he adds, "will dramatically upgrade the training and experience necessary to be an airline pilot."

Senate Commerce Chairman Jay Rockefeller (D-W. Va.) adds, "improving airline safety for American travelers has always been one of my top priorities. The families of the victims of Flight 3407 have my full support in demanding one level of safety among all air carriers - large and small."

But while aimed at the commercial airline industry, advocates worry that the rules also will significantly impact charter operators, flight schools and others employing pilots. "This net that was cast … has ended up capturing a whole lot more than they may have intended," notes one business aviation executive.

The National Business Aviation Association says it "has concerns about the language. We are reviewing the bill now and will be meeting with its authors to continue our dialogue on it when Congress returns from its August recess."

New Database

Key provisions include the creation of a Pilot Records Database that would give air carriers electronic access to pilot records. The provision, National Air Transportation Association notes, effectively replaces the Pilots Records Improvement Act (PRIA), which requires Part 121 and 135 carriers to obtain and evaluate certain pilot records before allowing a new hire to serve as a pilot.

The new law appears to require nearly all entities that employ pilots to promptly submit records to FAA for the database, NATA says. The law exempts the armed forces, but includes airlines, charter operators, flight schools and corporate flight departments. "This is required even if the pilot doesn't intend to work for a commercial airline in the future," the association notes.

"Many people who act as a commercial pilot, such as corporate pilots or flight instructors, would have data perpetually stored on them," says Jacqueline Rosser, director of regulatory affairs for NATA. "It's going to be a huge, huge pile of information."

While PRIA mandated non-air carrier employers to respond to requests for pilot records from potential air carrier employers, the new requirements would mandate that employers continually update the database with records, including training qualification, proficiency, competence, disciplinary action and release from employment.

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