Pro pilot?

In your new position, you will likely be subject to regulations and requirements that previously did not apply to you. As such, here is some general information to prepare you for the unique world of professional flying. If you have questions regarding these new-to-you regulatory requirements, AOPA’s Pilot Protection Services can provide answers and assist you.

Drug and alcohol testing

Under FAR Part 120 and 49 CFR Part 40, your job offer is contingent upon you passing a pre-employment drug test. Once you pass that test and are officially hired, as long as you are employed by the airline you will also be subject to random drug/alcohol testing when you are on duty. Things to keep in mind:

• Testing is mandatory—both pre-employment and random.

• Once you arrive at a testing facility, do not leave until you have provided a sufficient sample. If you do leave, that may be considered a refusal.

• The list of drugs for which tests are required include marijuana. Products containing certain levels of THC may result in a positive test. Failure to submit to or refusing testing is grounds for revocation of all certificates.

• In addition to random testing, most airlines have stricter consumption rules beyond FAR 91.17, i.e., the eight-hour bottle to throttle, 0.04 level rule.

Pilot records database

Under FAR Part 111, your records are reported to the Pilot Records Database “PRD”. This allows your new airline to assess qualifications during the hiring process. If you hold a commercial, airline transport pilot, or remote pilot certificate and a valid FAA medical certificate, you will need to register with the PRD to view your records and grant consent for others to view those records on the FAA PRD website. Records reported to PRD include:

• FAA records relating to your pilot and medical certificate, failed practical tests, enforcement actions, accidents, and previous positive drug/alcohol tests or refusals.

• Prior employment drug and alcohol testing and alcohol misuse (if applicable).

• Pilot training, qualifications, and proficiency; final employment disciplinary actions related to pilot performance; and final separation from employment. These pertain to employment with operators under Part 111 only—and not your instructing job at a flight school.

Part 111 allows pilots the opportunity to review the records reported to the PRD, to report errors, and to request corrections to records maintained in the PRD. FAA Advisory Circular 120-68J has further guidance on the PRD.

The collective

The pilots at your new airline may be unionized. If so, as part of this new collective whole, your quality of life, pay, and improved work rules will be contained in a collective bargaining agreement (“CBA”) negotiated between the union and the airline. Since 1939, the Railway Labor Act (“RLA”) (45 USC Chapter 8), which prevents interruptions to commerce, has governed unionized airline employees. Some benefits may include: • Representatives who provide you with guidance on CBA violations, assist you in filing formal grievances for CBA violations, and review your operational reports.

• Peers who assist you with resolving conflicts with others in your profession and mentor you when conduct falls below the professional standards.
• Peer support after a critical incident, disaster relief support, and services related to your medical certificate.

• Membership benefits, including insurance for medical disability, loss of license insurance, life insurance, and identity theft assistance.

Time limitations

You may be flying to the maximum legal limits and resting to the minimum legal limits (FAR Part 117). You will also be jointly responsible with the airline for not violating these limits.

Part 117 provides for three tables (flight times and duty times). Table A is to compute your flight time limits. Table B and Table C are for computing your duty time limits. If you are operating as a flight crew member with the minimum number of pilots required by the aircraft type certificate (referred to as “unaugmented”), you will use Table B. Reserve schedule holders will use FAR 117.21 duty limits. Do not take off if you will exceed Table A flight times. It’s a different consideration if you are already airborne.

FAR 117.19 duty extension for Table B and Table C: To extend or not to extend, that is often the question. The FAA Office of the Chief Counsel has issued legal interpretations to provide you with guidance on situations that arise. Your signature on the flight release is your FAR 117.5 affirmation of your fitness for duty. Your CBA may offer better protections than under Part 117.

Seek legal advice for potential FAR violations and, if appropriate, consider filing a NASA Aviation Safety Reporting System report, or your airline’s in-house version, Aviation Safety Action Plan (ASAP).

Cristina Zambrana is an aviation attorney and airline captain.