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Airman Certification Events Must Include "Pilot's Bill of Rights Written Notification of Investigation"
ALLEGAN, MI.  (August 15, 2012) As a consequence of the passage last week of the Pilot Bill of Rights, a new layer of paperwork regarding both pilot certification and FAA medicals has emerged – that is the requirement that applicants receive and sign, and records be kept, of notification that the new law is being complied with.

”As soon as this development came up, NAFI began working with FAA staff to find a proper resolution to this new requirement. While this development seems simple on the surface, no current methodology is in place to meet the requirement.  NAFI and FAA staff has been working to find an interim solution which is easily implemented as a more long-term solution is developed," NAFI Executive Director Jason said.

The FAA this week released N8900.195, a notice of “National Policy relating to Requirements for Written Notification During Investigations of Airmen.”  The notice includes compliance instructions for activities as a result of the recent passage of the Pilot's Bill of Rights law, which requires new compliance efforts.  A first read of this notice might imply that these requirements only apply to investigatory activities, however, Section 8 of this notice specifically states that " Applications for airman certificates, ratings, or inspection authorizations involve FAA investigations of an individual’s qualifications to hold the airman certificate, rating, or inspection authorization for which the individual has applied."  It is NAFI's understanding that to comply with this requirement an applicant must be provided with, sign, and the FAA must keep record of the applicants acknowledgement of the notification of their rights.

Currently no methodology to complete this requirement at the time of application for a certification event is in place.  The FAA Order includes a proposed text that could be used and maintained to comply with this requirement. NAFI has also formatted this letter in a pdf format that can be used and may be found at the following location:  http://www.nafinet.org/File/PBOR.pdf.

NAFI staff has been working with FAA staff as this concern has arisen and indications are FAA will be issuing additional guidance regarding compliance with this requirement.  In the interim, NAFI recommends that applicants for certification events (practical tests) or those conducting these events complete and keep on record a copy of the "Pilot's Bill of Rights Written Notification of Investigation" until further guidance is available.

Blair said NAFI will continue to provide all available information to the flight instruction community as this issue develops and will continue to work with the FAA on this issue.  The FAA is currently working on new guidance for examiners, he added.

The text of the above noted FAA order can be found at: http://fsims.faa.gov/wdocs/notices/n8900_195.htm

The National Association of Flight Instructors’ members work at flight schools, universities, FBO’s, corporate flight departments, in the military, and as independent instructors. NAFI was founded in 1967 and its members, who now teach in 17 countries, are dedicated to raising and maintaining the professionalism of flight instruction.

NAFI members influence active pilots daily; pilots training to advance their skills with new ratings or certificates and students working to become pilots. NAFI staff also works with industry and government and serves as a voice for flight instruction. NAFI shapes the direction of flight training.

For more information, visit www.NAFINet.org or call 866-806-6156.