Hi All,
Have a couple of questions for the legal minded people out there about FBO maintenance of pilot records.
Q1: As an FBO operator, what records does the FAA/NTSB require you keep on file and which of those do they require you not only keep on file but keep current?
Q2: For those items which expire and are collected by the FBO, who bares the ultimate responsibility for ensuring the records are up-to-date, the FBO or the pilot?
Q2a: If the FAA/NTSB does not require the record but the FBO collects the record, does this change the party responsible for updating the record?
Q3: If the record does exist but is not on file with the FBO and a situation were to arise would the applicable authorities treat the record as if it did not exist (e.g. insurance)?
I had a dispute recently regarding flying with expired information in my pilot file at an FBO during which the Operator made several remarks that I found questionable (particularly about the FAA/NTSB only caring about what the FBO has on file and not what's in my log book) but not knowing the rules for operators/rentals, I have to assume are true. It has me questioning if I need to reach out to every FBO I fly with and request to see/review my pilot file so that I can provide them updated information.
In the last 18-months, I've flown with/rented from 9 different operators in various parts of the country and while some I no longer fly with, I currently have active rental permissions with 7 of them, actively use the permissions at 4 of them on a regular basis and am looking at flying with another 1 or 2 FBO's in the near future. In that same 18-month window, I've had my address change twice, both my driver's license and my passport have expired and been renewed, I've gotten a BFR, a renewed class 3 medical, an upgrade to a Class 2 on my "new" medical, a renewed class 2 medical, multiple certificate updates (CPL-SEL, CPL-SES, CFI, CFI-I) and 2 different renter's insurance policies. Keeping every FBO informed of every update to my profile is rather difficult (especially since not all of this information is made readily available to me to review at any time) so I dont really know how up-to-date the information on file is at each of the FBO's and/or what information has to be updated anyway.
I know for certain that only 1 technically has my CPL-SES on file as the issuing flight school but having only just received the permanent certificate in the mail last week, I have not updated the "on file" copy of the certificate with all of them though I had informed several of them of that I now had a CPL-SES. I'm also quite certain that the "on file" copy of my medical with several of them is not my most recent. I've also realized as I'm typing this that I've straight out forgotten most places have a copy of my driver's license and that I recently had my driver's license renewed so I also now know the "on file" copy of my DL is not current with at least 4 of the 9 FBO's and I'm pretty sure a 5th as I do not recall them asking for an updated DL but I have flown with them recently so maybe I did provide it/update them (or they just dont care/track it).
While I've always tried to keep my records with FBO's up-to-date as a courtesy, I've always viewed the matter as exactly that, a courtesy. My view being that I can only be responsible for myself, which means ensuring everything is "current" for both regulatory (BFR, medical, DL) and non-regulatory (insurance) purposes but, while I am happy to comply and provide updated information on request if the FBO is interested in or is required to gather and maintain such information, it is on them to maintain and enforce the updates by requesting the information when it expires whether it is required by the FAA or their policy.
No FBO has ever made an issue over expired information in my file except to request I provide updated information before releasing the plane for my flight. I dont know if an FBO prior to this has ever released a plane to me with expired information on file though since none have ever made an issue of it before now.
Have a couple of questions for the legal minded people out there about FBO maintenance of pilot records.
Q1: As an FBO operator, what records does the FAA/NTSB require you keep on file and which of those do they require you not only keep on file but keep current?
Q2: For those items which expire and are collected by the FBO, who bares the ultimate responsibility for ensuring the records are up-to-date, the FBO or the pilot?
Q2a: If the FAA/NTSB does not require the record but the FBO collects the record, does this change the party responsible for updating the record?
Q3: If the record does exist but is not on file with the FBO and a situation were to arise would the applicable authorities treat the record as if it did not exist (e.g. insurance)?
I had a dispute recently regarding flying with expired information in my pilot file at an FBO during which the Operator made several remarks that I found questionable (particularly about the FAA/NTSB only caring about what the FBO has on file and not what's in my log book) but not knowing the rules for operators/rentals, I have to assume are true. It has me questioning if I need to reach out to every FBO I fly with and request to see/review my pilot file so that I can provide them updated information.
In the last 18-months, I've flown with/rented from 9 different operators in various parts of the country and while some I no longer fly with, I currently have active rental permissions with 7 of them, actively use the permissions at 4 of them on a regular basis and am looking at flying with another 1 or 2 FBO's in the near future. In that same 18-month window, I've had my address change twice, both my driver's license and my passport have expired and been renewed, I've gotten a BFR, a renewed class 3 medical, an upgrade to a Class 2 on my "new" medical, a renewed class 2 medical, multiple certificate updates (CPL-SEL, CPL-SES, CFI, CFI-I) and 2 different renter's insurance policies. Keeping every FBO informed of every update to my profile is rather difficult (especially since not all of this information is made readily available to me to review at any time) so I dont really know how up-to-date the information on file is at each of the FBO's and/or what information has to be updated anyway.
I know for certain that only 1 technically has my CPL-SES on file as the issuing flight school but having only just received the permanent certificate in the mail last week, I have not updated the "on file" copy of the certificate with all of them though I had informed several of them of that I now had a CPL-SES. I'm also quite certain that the "on file" copy of my medical with several of them is not my most recent. I've also realized as I'm typing this that I've straight out forgotten most places have a copy of my driver's license and that I recently had my driver's license renewed so I also now know the "on file" copy of my DL is not current with at least 4 of the 9 FBO's and I'm pretty sure a 5th as I do not recall them asking for an updated DL but I have flown with them recently so maybe I did provide it/update them (or they just dont care/track it).
While I've always tried to keep my records with FBO's up-to-date as a courtesy, I've always viewed the matter as exactly that, a courtesy. My view being that I can only be responsible for myself, which means ensuring everything is "current" for both regulatory (BFR, medical, DL) and non-regulatory (insurance) purposes but, while I am happy to comply and provide updated information on request if the FBO is interested in or is required to gather and maintain such information, it is on them to maintain and enforce the updates by requesting the information when it expires whether it is required by the FAA or their policy.
No FBO has ever made an issue over expired information in my file except to request I provide updated information before releasing the plane for my flight. I dont know if an FBO prior to this has ever released a plane to me with expired information on file though since none have ever made an issue of it before now.
Last edited: