Federal Legislation and Regulations (cont.)
Cockpit Voice Recorder Handbook for Aviation Accident Investigation, November 2001
B-43
(i) For not more than 15 days while the flight recorder and/or cockpit voice recorder is
inoperative and/or removed for repair provided that the aircraft maintenance records contain an entry
that indicates the date of failure, and a placard is located in view of the pilot to show that the flight
recorder or cockpit voice recorder is inoperative.
(ii) For not more than an additional 15 days, provided that the requirements in paragraph
(b)(5)(i) are met and that a certificated pilot, or a certificated person authorized to return an aircraft
to service under Sec. 43.7 of this chapter, certifies in the aircraft maintenance records that additional
time is required to complete repairs or obtain a replacement unit.
(c) No person may operate a U.S. civil registered, multiengine, turbine-powered airplane
or rotorcraft having a passenger seating configuration, excluding any pilot seats of 10 or more that
has been manufactured after October 11, 1991, unless it is equipped with one or more approved
flight recorders that utilize a digital method of recording and storing data and a method of readily
retrieving that data from the storage medium, that are capable of recording the data specified in
appendix E to this part, for an airplane, or appendix F to this part, for a rotorcraft, of this part within
the range, accuracy, and recording interval specified, and that are capable of retaining no less than 8
hours of aircraft operation.
(d) Whenever a flight recorder, required by this section, is installed, it must b e operated
continuously from the instant the airplane begins the takeoff roll or the rotorcraft begins lift-off until
the airplane has completed the landing roll or the rotorcraft has landed at its destination.
(e) Unless otherwise authorized by the Administrator, after October 11, 1991, no person
may operate a U.S. civil registered multiengine, turbine-powered airplane or rotorcraft having a
passenger seating configuration of six passengers or more and for which two pilots are required by
type certification or operating rule unless it is equipped
with an approved cockpit voice recorder that:
(1) Is installed in compliance with Sec. 23.1457(a) (1) and (2), (b), (c), (d), (e), (f), and
(g); Sec. 25.1457(a) (1) and (2), (b), (c), (d), (e), (f), and (g); Sec. 27.1457(a) (1) and (2), (b), (c),
(d), (e), (f), and (g); or Sec. 29.1457(a) (1) and (2), (b), (c), (d), (e), (f), and (g) of this chapter, as
applicable; and
(2) Is operated continuously from the use of the checklist before the flight to completion of
the final checklist at the end of the flight.
(f) In complying with this section, an approved cockpit voice recorder having an erasure
feature may be used, so that at any time during the operation of the recorder, information recorded
more than 15 minutes earlier may be erased or otherwise obliterated.
(g) In the event of an accident or occurrence requiring immediate notification to the
National Transportation Safety Board under part 830 of its regulations that results in the termination
of the flight, any operator who has installed approved flight recorders and approved cockpit voice
recorders 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 the investigation under
part 830. The Administrator does not use the cockpit voice recorder record in any civil penalty or
certificate action.
[Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as amended by Amdt. 91-226,
56 FR 51621, Oct. 11, 1991; Amdt. 91-228, 57 FR 19353, May 5, 1992]
From 49 U.S.C. §1154–Discovery and use of cockpit and surface vehicle
recordings and transcripts