Video oversight of checkrides

 
Video oversight of checkrides

— First appeared in FSANA Flight Training News, January 27, 2021

DPEs may be asked to record and share footage with FAA ASIs for oversight

FSANA has been receiving information from some areas around the country that oversight activities for DPEs, 141 staff members, and some charter operations are being conducted using video cameras an examiner or applicant must provide onboard the aircraft. The video activity when completed is then shared with FAA oversight staff for performance evaluation.

The video process has raised some concerns by many about privacy, document records requirements, potential FERPA (Family Educational Rights and Privacy Act), and use for violations enforcement. A few points of question that have been raised so far include:

• Are there considerations of concern related to the Pilot's Bill of Rights such as document provision, right of the applicant, and documentation retention or destruction procedures?
• Are video recordings eligible for FOIA access?
• Do applicants have the right to a copy of the videos of a recorded practical test or other activity?
• Are there civil liability risks with video graphic evidence and records of things like FAA practical tests, certification rides for charter operations, and flights in general name a few?
• Can video from an event be used for violation enforcement or discovery for the individuals onboard the flight that was recorded.
• Will flight schools and/or DPE's need to recover the costs associated with equipment acquisition and repairs? and would those costs be passed along to applicants?
• Are there any safety concerns that arise with the ad hoc installment of temporary recording devices for the practical tests or other flights?

These are just a few of the questions that have been raised in some of the discussion groups thus far raising concern. Efficiency is always welcome, however all parties should be working to create an effective end result which benefits all parties.

FSANA is not aware of finalized FAA policy or regulatory guidance on this process and has seen no FAA legal counsel interpretations that would address many of the questions that have been arising. A version of the methodology for remote and video monitoring of practical tests has been shared with FSANA. See what is being sent to some DPEs.

Video practices are already happening in several FSDOs and some DPEs and 141 staff members are under the impression that if they do not video their sessions for currency compliance, that their currency may be allowed to lapse as the alternative repercussion.

Share your experiences

FSANA is seeking information from anyone in the field who has been presented with these options or procedures. Please share your thoughts and concerns on the video approach and process. Concerns should be addressed before the video process gets to much further down the runway. Email us at info@fsana.com or call our office if you have encountered these practices or or have concerns you might want us to consider.