CVR FDR data usage
12-19-2008 | 01:34 PM
#1
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Gets Weekends Off
Joined: Feb 2008
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From: Cessna 150
CVR FDR data usage
I looked until I gave up, but where is it printed that CVR FDR data can only be used to determine the cause of an accident or incident? Maybe I was dreaming when I thought I read this, but any info you guys have would be appreciated.
12-19-2008 | 03:09 PM
#2
Line Holder
Joined: Mar 2007
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From: B747, Left
Never heard of that restriction but some union contracts will not allow the use of recorded data to determine discipline. What the FAA will do is a different story.
12-19-2008 | 05:34 PM
#3
Gets Weekends Off
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From: CRJ
About half way down the page: NTSB - CVR & FDR
The CVR recordings are treated differently than the other factual information obtained in an accident investigation. Due to the highly sensitive nature of the verbal communications inside the cockpit, Congress has required that the Safety Board not release any part of a CVR audio recording. Because of this sensitivity, a high degree of security is provided for the CVR audio and its transcript. The content and timing of release of the written transcript are strictly regulated: under federal law, transcripts of pertinent portions of cockpit voice recordings are released at a Safety Board public hearing on the accident or, if no hearing is held, when a majority of the factual reports are made public
12-19-2008 | 06:24 PM
#4
Prime Minister/Moderator
Joined: Jan 2006
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From: Engines Turn or People Swim
About half way down the page: NTSB - CVR & FDR
You may have union/company policies saying that it cannot be used for disciplinary action, but that offers no protection in the legal system.
The US justice system has not attempted to criminalize aircraft accidents to my knowledge...that is about the only protection you have, at least until some ambitious prosecutor decides to make a name for himself by charging a flight crew with manslaughter.
But you (and the company) can sure as heck can get sued.
12-19-2008 | 10:44 PM
#5
First Rule of Fight Club
Joined: Jan 2007
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From: My seat smells like cat pee
Section (h) of 121.359
(h) In the event of an accident or occurrence requiring immediate notification of the National Transportation Safety Board under part 830 of its regulations, which results in the termination of the flight, the certificate holder shall keep the recorded information for at least 60 days or, if requested by the Administrator or the Board, for a longer period. Information obtained from the record is used to assist in determining the cause of accidents or occurrences in connection with investigations under part 830. The Administrator does not use the record in any civil penalty or certificate action.
Yes I have nothing better to do on a Friday night at midnight
(h) In the event of an accident or occurrence requiring immediate notification of the National Transportation Safety Board under part 830 of its regulations, which results in the termination of the flight, the certificate holder shall keep the recorded information for at least 60 days or, if requested by the Administrator or the Board, for a longer period. Information obtained from the record is used to assist in determining the cause of accidents or occurrences in connection with investigations under part 830. The Administrator does not use the record in any civil penalty or certificate action.
Yes I have nothing better to do on a Friday night at midnight
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