The National Transportation Safety Board (NTSB) has repeatedly noted the value of using information regarding a pilot's past performance to assess that pilot's current and future performance and overall abilities. In 2003, the NTSB investigated two accidents that involved pilots with a history of checkride failures. As a result of the accident involving Air Sunshine flight 527 in Treasure Cay, Great Abaco Island, Bahamas, the NTSB asked the Federal Aviation Administration (FAA) to require air carriers to obtain any notices of disapproval for flight checks for certificates and ratings for all pilot applicants and to evaluate this information before making a hiring decision.(1) Some carriers ask for pilot applicants, as part of their pre-employment screening, to sign a consent form that permits the FAA to release records of notices of disapproval to the carrier, and the FAA, in turn, has furnished those records to the carrier requesting them; however, the FAA has not required this practice.
During its investigation of the Federal Express flight 647 accident in Memphis, Tennessee, the NTSB found that, following the accident, the company had implemented an oversight program that identified flight crewmembers with demonstrated performance deficiencies or training failures and provided them with additional oversight and training. Although the NTSB concluded that such a proactive program would benefit flight safety at other 14 Code of Federal Regulations (CFR) Part 121 air carriers and issued a corresponding recommendation to the FAA,(2) the FAA has not required these programs.
The NTSB recently issued four recommendations regarding the use and documentation of pilot records as a result of its investigation of the February 12, 2009, accident involving Colgan Air, Inc., flight 3407, which lost control on approach and crashed into a residence in Clarence Center, New York. In its investigation of this accident, the NTSB determined that Colgan Air, Inc., was unaware of previous checkride failures for the accident captain.
The NTSB continues to believe that airman certification information concerning previous notices of disapproval should be included in an air carrier's assessment of the suitability of a pilot applicant. The NTSB also considers notices of disapproval to be safety-related records that must be included in an air carrier's evaluation of a pilot's career progression.
Pilot Records
Notices of disapproval for flight checks for certificates and ratings are not explicitly required by the Pilot Records Improvement Act. Consequently, in November 2007, the FAA, issued Advisory Circular (AC) 120-68D, "Pilot Records Improvement Act of 1996," which amended AC 120-68C to indicate that a letter of consent signed by a pilot applicant could be used to authorize the FAA to release records of notices of disapproval for flight checks for certificates and ratings to an air carrier requesting such records. Because ACs are advisory documents only and not mandates, the NTSB requested that the FAA survey all operators to determine how many require a pilot applicant, as a condition of employment, to submit a signed consent form permitting the FAA to release records of notices of disapproval. The NTSB has not received the results of this survey.
The revision to AC 120-68 provides an interim solution for this safety issue; however, a more permanent action through rulemaking would ensure that air carriers would be required to obtain notices of disapprovals for pilot applicants so that carriers could identify all pilots who have a history of unsatisfactory performance.
As a result of the NTSB's recommendation following the Federal Express flight 647 accident that the FAA require 14 CFR Part 121 air carriers to establish remedial training and oversight programs for flight crewmembers who have demonstrated performance deficiencies or experienced failures in the training environment, the FAA issued Safety Alert for Operators (SAFO) 06015, "Remedial Training for Part 121 Pilots." The SAFO recommended implementation and incorporation of a voluntary remedial Part 121 pilot training module to supplement air carriers' approved training programs. Although a SAFO provides guidance only, the FAA indicated that it would survey all Part 121 air carriers to determine that all have incorporated the recommended remedial training programs.
In April 2009, the FAA issued Notice 8900.71, which instructed principal operations inspectors (POIs) to determine whether the 14 CFR Part 121 air carriers they inspected were voluntarily complying with SAFO 06015. The notice also instructed the POIs to report the results of their survey. Only 36 carriers responded and, of these, only 12 gave evidence of having a suitable remedial training program in place.
In June 2009, the FAA issued a second, more forceful, notice that reiterated Notice 8900.71, instructed POIs to bring to the attention of air carriers the information in the SAFO, and directed POIs to adjust oversight as needed to increase their vigilance. As a result, in October 2009, the FAA reported that 29 of the 82 air carriers had remedial training programs in place. The 82 carriers included 27 regional air carriers, 6 of which had instituted such programs. The FAA did not provide the identities of those carriers having remedial training programs.
In January 2010, the FAA issued a fact sheet regarding its report, Answering the Call to Action on Airline Safety and Pilot Training. The fact sheet stated that, between June and September 2009, 85 air carriers without advanced qualifications programs had been inspected to determine whether they had instituted remedial training programs that were consistent with the guidance contained in SAFO 06015. The review determined that 62 carriers had programs fully in place in accord with the guidance for remedial training programs. The fact sheet also stated that, at the time of the review, 15 carriers had implemented some part of a remedial training program and 9 carriers had not implemented any component of a remedial training program. The fact sheet added that, since the time of the review, these 24 carriers had developed remedial training programs for pilots.(3) Pending a full assessment of the FAA's recent statement, the NTSB is unable to determine whether meaningful changes have been made.
Require all 14 CFR Part 121 and 135 air carriers to obtain notices of disapprovals for pilot applicants so that air carriers can fully identify those pilots who have a history of unsatisfactory performance. Require air carriers to establish remedial training and oversight programs for flight crewmembers who have demonstrated performance deficiencies or experienced failures in the training environment.
A-05-1 (FAA)
Issued: January 27, 2005
Newly Added to the Most Wanted List
Status: Open-Unacceptable Response
Require all 14 Code of Federal Regulations Part 121 and 135 air carriers to obtain any notices of disapproval for flight checks for certificates and ratings for all pilot applicants and evaluate this information before making a hiring decision. (Source: In-Flight Engine Failure and Subsequent Ditching, Air Sunshine, Inc., Flight 527, Cessna 402C, N314AB, About 7.35 Nautical Miles West-Northwest of Treasure Cay Airport, Great Abaco Island, Bahamas, July 13, 2003. [NTSB/AAR-04/03])
A-05-14 (FAA)
Issued: May 31, 2005
Newly Added to the Most Wanted List: 2010
Status: Open-Acceptable Alternate Response
Require all 14 Code of Federal Regulations Part 121 air carrier operators to establish programs for flight crewmembers who have demonstrated performance deficiencies or experienced failures in the training environment that would require a review of their whole performance history at the company and administer additional oversight and training to ensure that performance deficiencies are addressed and corrected. (Source: Hard Landing, Gear Collapse, Federal Express Flight 647, Boeing MD-10-10F, N364FE, Memphis, Tennessee, December 18, 2003. [NTSB/AAR-05/01])
