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14 C.F.R. §§ 111.220–111.240

5 sections in range

§111.220. Drug and alcohol testing records.

14 C.F.R. § 111.220

(a)
Each operator or trustee required to comply with part 120 of this chapter and subject to the applicability of this subpart must report to the PRD the following records for each individual whom the reporting entity has employed as a pilot:
(1)
Records concerning drug testing, including—
(i)
Any drug test result verified positive by a Medical Review Officer, that the Medical Review Officer and employer must retain in accordance with § 120.111(a)(1) of this chapter and 49 CFR 40.333(a)(1)(ii);
(ii)
Any refusal to submit to drug testing or records indicating substituted or adulterated drug test results, which the employer must retain in accordance with 49 CFR 40.333(a)(1)(iii);
(iii)
All return-to-duty drug test results verified by a Medical Review Officer, that the employer must retain in accordance with 49 CFR 40.333(a)(1)(ii) or (iii) or (a)(4);
(iv)
All follow-up drug test results verified by a Medical Review Officer, which the employer must retain in accordance with 49 CFR 40.333(a)(1)(v).
(2)
Records concerning alcohol misuse, including—
(i)
A test result with a confirmed breath alcohol concentration of 0.04 or greater, which the employer must retain in accordance with § 120.219(a)(2)(i)(B) of this chapter;
(ii)
Any record pertaining to an occurrence of on-duty alcohol use, pre-duty alcohol use, or alcohol use following an accident, which the employer must retain in accordance with § 120.219(a)(2)(i)(D) of this chapter;
(iii)
Any refusal to submit to alcohol testing, that the employer must retain in accordance with § 120.219(a)(2)(i)(B) of this chapter and 49 CFR 40.333(a)(1)(iii);
(iv)
All return-to-duty alcohol test results, that the employer must retain in accordance with 49 CFR 40.333(a)(1)(i) or (iii) or (a)(4);
(v)
All follow-up alcohol test results, which the employer must retain in accordance with 49 CFR 40.333(a)(1)(v).
(b)
Each record reported to the PRD in accordance with paragraph (a) of this section must include the following:
(1)
In the case of a drug or alcohol test result—
(i)
The type of test administered;
(ii)
The date the test was administered; and
(iii)
The result of the test.
(2)
In the case of alcohol misuse, as described in paragraph (a)(2)(ii) of this section—
(i)
The type of each alcohol misuse violation;
(ii)
The date of each alcohol misuse violation.
(c)
In addition to the requirements of §§ 120.113(d)(3) and 120.221(c), operators required to report in accordance with this section must report records within 30 days of the following occurrences, as applicable:
(1)
The date of verification of the drug test result;
(2)
The date of the alcohol test result;
(3)
The date of the refusal to submit to testing; or
(4)
The date of the alcohol misuse occurrence.
Notes, amendments, and revision history

Authority

Authority: 49 U.S.C. 106(f), 40101, 40113, 44701, 44703, 44711, 46105, 46301.

Source

Source: Docket FAA-2020-0246, Amdt. 111-1, 86 FR 31060, June 10, 2021, unless otherwise noted.

§111.225. Training, qualification, and proficiency records.

14 C.F.R. § 111.225

(a)
Except as provided in paragraph (b) of this section, each reporting entity must provide to the PRD the following records for each individual whom the reporting entity has employed as a pilot:
(1)
Records establishing an individual's compliance with FAA-required training, qualifications, and proficiency events, which the reporting entity maintains pursuant to § 91.1027(a)(3), § 121.683, § 125.401 or § 135.63(a)(4) of this chapter, as applicable, including comments and evaluations made by a check pilot or evaluator; and
(2)
Other records the reporting entity maintains documenting an individual's compliance with FAA or employer-required training, checking, testing, proficiency, or other events related to pilot performance concerning the training, qualifications, proficiency, and professional competence of the individual, including any comments and evaluations made by a check pilot or evaluator.
(b)
No person may report any of the following information for inclusion in the PRD:
(1)
Records related to flight time, duty time, and rest time.
(2)
Records demonstrating compliance with physical examination requirements or any other protected medical records.
(3)
Records documenting recent flight experience.
(4)
Records identified in § 111.245.
(c)
Each record reported to the PRD in accordance with paragraph (a) of this section must include:
(1)
Date of the event;
(2)
Aircraft type, if applicable;
(3)
Duty position of the pilot, if applicable;
(4)
Training program approval part and subpart of this chapter, as applicable;
(5)
Crewmember training and qualification curriculum and category of training as reflected in either a FAA-approved or employer-mandated training program;
(6)
Result of the event (satisfactory or unsatisfactory);
(7)
Comments of check pilot or evaluator, if applicable under part 91, 121, 125, or 135 of this chapter. For unsatisfactory events, the tasks or maneuvers considered unsatisfactory must be included.
(d)
An operator, entity, or trustee that complies with § 111.215(b) must report records in accordance with paragraphs (a) through (c) of this section upon request, if that operator or entity possesses those records.
(e)
(1)
Each reporting entity must provide a record within 30 days of creating that record, in accordance with § 111.215(a), unless the reporting entity is an operator, entity, or trustee complying with § 111.215(b).
(2)
An operator, entity, or trustee complying with § 111.215(b) must provide records described in this section or a statement that it does not have any records described in this section within 14 days of receiving a request from a reviewing entity.
Notes, amendments, and revision history

Authority

Authority: 49 U.S.C. 106(f), 40101, 40113, 44701, 44703, 44711, 46105, 46301.

Source

Source: Docket FAA-2020-0246, Amdt. 111-1, 86 FR 31060, June 10, 2021, unless otherwise noted.

§111.230. Final disciplinary action records.

14 C.F.R. § 111.230

(a)
Except as provided in paragraph (b) of this section, each reporting entity must provide to the PRD any final disciplinary action record pertaining to pilot performance with respect to an individual whom the reporting entity has employed as a pilot.
(b)
No person may report to the PRD any record of disciplinary action that was subsequently overturned because the event prompting the action did not occur or the pilot was not at fault as determined by—
(1)
A documented agreement between the employer and the pilot; or
(2)
The official and final decision or order of any panel or person with authority to review employment disputes, or by any court of law.
(c)
If a reporting entity receives notice that any disciplinary action record reported to the PRD under paragraph (a) of this section was overturned in accordance with paragraph (b), that entity must correct the pilot's PRD record in accordance with § 111.250 within 10 days.
(d)
Each final disciplinary action record that must be reported to the PRD under paragraph (a) of this section must include the following information:
(1)
The type of disciplinary action taken by the employer, including written warning, suspension, or termination;
(2)
Whether the disciplinary action resulted in permanent or temporary removal of the pilot from aircraft operations;
(3)
The date the disciplinary action occurred; and
(4)
Whether there are additional documents available that are relevant to the record.
(e)
An operator, entity, or trustee complying with § 111.215(b) must report records described in paragraphs (a) through (d) of this section upon request, unless the disciplinary action resulted in permanent or temporary removal of the pilot from aircraft operations. If the disciplinary action resulted in permanent or temporary removal of the pilot from aircraft operations, the operator, entity, or trustee must report the record in accordance with § 111.215(a).
(f)
(1)
A reporting entity must provide records of final disciplinary actions no later than 30 days after the action is final, unless the reporting entity is an operator, entity or trustee complying with § 111.215(b).
(2)
An operator, entity or trustee complying with § 111.215(b) must report records described in this section, or state that it does not have any applicable records, within 14 days of receiving a request from a reviewing entity.
(g)
Each reporting entity must—
(1)
Retain documents relevant to the record reported under paragraph (a) of this section for five years, if available; and
(2)
Provide such documents upon request within 14 days to—
(i)
A reviewing entity; or
(ii)
The pilot that is the subject of the record.
Notes, amendments, and revision history

Authority

Authority: 49 U.S.C. 106(f), 40101, 40113, 44701, 44703, 44711, 46105, 46301.

Source

Source: Docket FAA-2020-0246, Amdt. 111-1, 86 FR 31060, June 10, 2021, unless otherwise noted.

§111.235. Final separation from employment records.

14 C.F.R. § 111.235

(a)
Except as provided in paragraph (b) of this section, each reporting entity must provide to the PRD the following records for each individual whom the reporting entity has employed as a pilot:
(1)
Records concerning separation from employment kept pursuant to § 91.1027(a)(3), § 121.683, § 125.401 or § 135.63(a)(4) of this chapter; and
(2)
Records pertaining to pilot performance kept concerning separation from employment for each pilot that it employs.
(b)
No person may report to the PRD any record regarding separation from employment that was subsequently overturned because the event prompting the action did not occur or the pilot was not at fault as determined by—
(1)
A documented agreement between the employer and the pilot; or
(2)
The official and final decision or order of any panel or individual given authority to review employment disputes, or by any court of law.
(c)
If a reporting entity receives notice that any separation from employment record reported to the PRD under paragraph (a) of this section was overturned in accordance with paragraph (b) of this section, that entity must correct the pilot's PRD record in accordance with § 111.250 within 10 days.
(d)
Each separation from employment action record that must be reported to the PRD in accordance with paragraph (a) of this section must include a statement of the purpose for the separation from employment action, including:
(1)
Whether the separation resulted from a termination as a result of pilot performance, including professional disqualification;
(2)
Whether the separation is based on another reason, including but not limited to physical (medical) disqualification, employer-initiated separation not related to pilot performance, or any resignation, including retirement;
(3)
The date of separation from employment; and
(4)
Whether there are additional documents available that are relevant to the record.
(e)
An operator, entity, or trustee complying with § 111.215(b) must report the records described in paragraphs (a) through (d) of this section upon request, unless the separation from employment action resulted from a termination. If the separation from employment record resulted from a termination, the operator, entity, or trustee must report the record in accordance with § 111.215(a).
(f)
(1)
A reporting entity must provide any records of separation from employment actions no later than 30 days after the date of separation from employment is final, unless the reporting entity is an operator, entity, or trustee complying with § 111.215(b).
(2)
An operator, entity, or trustee complying with § 111.215(b) must report records described in this section or state that it does not have any applicable records within 14 days of receiving a request from a reviewing entity.
(g)
Each reporting entity must—
(1)
Retain documents relevant to the record reported under paragraph (a) of this section for five years, if available; and
(2)
Provide such documents upon request within 14 days to—
(i)
A reviewing entity; or
(ii)
The pilot that is the subject of the record.
Notes, amendments, and revision history

Authority

Authority: 49 U.S.C. 106(f), 40101, 40113, 44701, 44703, 44711, 46105, 46301.

Source

Source: Docket FAA-2020-0246, Amdt. 111-1, 86 FR 31060, June 10, 2021, unless otherwise noted.

§111.240. Verification of motor vehicle driving record search and evaluation.

14 C.F.R. § 111.240

(a)
Each operator subject to the requirements of § 111.110 of this part must document in the PRD within 45 days of the pilot's PRD date of hire that the operator met the requirements of § 111.110.
(b)
No operator may report any substantive information from State motor vehicle driving records pertaining to any individual obtained in accordance with § 111.110 for inclusion in the PRD.
Notes, amendments, and revision history

Authority

Authority: 49 U.S.C. 106(f), 40101, 40113, 44701, 44703, 44711, 46105, 46301.

Source

Source: Docket FAA-2020-0246, Amdt. 111-1, 86 FR 31060, June 10, 2021, unless otherwise noted.