Law Changed To Stop Practice Of Redacting Pilot's Name, Usually
After Five Years
ANN has learned that Congress passed a new provision to 49 USC
44703, Airman certificates into law last August. Our sources tell
us that a new subsection (i) was inserted, titled "FAA Pilot
Records Database", which mandates that the FAA establish an
electronic database that includes summaries of legal enforcement
actions. The new language also requires that the information
in this database be maintained until the FAA is notified that the
airman is deceased, according to 49 USC 44703(i)(5).
The FAA has maintained an electronic
database of such information for many years, but the FAA has
removed an airman's identifying information from this database in
accordance with its expunction policy, usually 5 years after the
FAA's action in civil penalty and certificate action cases. The new
language affects the FAA's expunction policy, at least as it
relates to the electronic data that the FAA must now maintain and
provide to air carriers making a hiring decision. A letter
has been received from the FAA's Chief Counsel in which he advises
that "the policy of expunging legal enforcement actions is being
suspended" and that the last expunction took place on November 1,
2010.
The full import of this new statutory language is under review, and
how it will be implemented is still unclear. Aviation attorney
Dennis Haber tells ANN that it appears that the primary purpose of
the new law was to amend the Pilot Records Improvement Act, however
it will affect all enforcement records for all airmen.
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