Originally Posted by
EWRflyr
Doing an "audit" like FOQA could be argued as looking at trends. The FAA might do a sampling of a certain percentage of voice recorders and could come out with results saying "the vast majority of pilots adhere to the sterile cockpit rule from what we have seen" or "the sterile cockpit rule needs extra emphasis in airline pilot recurrent training based on the data we have sampled to date."
Just playing devils advocate as this would not be using the voice recorders for certifcate or legal action.
This will not happen unless the rules change. And whereas it has been stated here in an earlier post that Mr. Babbitt may have the ability to make rules changes, as FAA Administrator, he does have some ability to make rules changes, but that should not be regarded as an unlimited ability. Any change that he contemplates will necessarily be subjected to months of comment and debate, to pressure from special interests, and ultimately, a predominately economic decision, that could, even further down the line, but subjected to a judicial test.
An example, and I think a good one, is the access to and use of CVR tapes. Now, if the Administrator were to attempt to arbitraily make a wholesale change to this rule, and, say, allow companies or even FAA Inspectors, to access and hear CVR voice recordings, I can guarantee a legal challenge, on a number of grounds, all of which are practically inviolate from a well-established legal perspective.
So don't worry that your CVR tapes are going to be listened to tomorrow, because that is not likely to happen, ever. To win the right to unlimited access to the content of CVR tapes for the purpose of "sampling" or "random checks" for regulatory enforcement or airline company disciplinary purposes would require expending enormous legal and financial resources grossly out of proportion to the value of any information that may be obtained from the tapes, or to aviation safety.