Civil Aviation Act, 2009 (Act No. 13 of 2009)

Regulations

Civil Aviation Regulations, 2011

Part 91 : General Aviation and Operating Flight Rules

Subpart 3 : Documentation and Records

91.03.8 Flight recorder records

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(1)The owner or operator of an aircraft on which a flight recorder is carried, shall—
(a)in the case of an accident or incident involving such aircraft, preserve the original recording, as retained by the flight recorder, for a period of not less than 60 days calculated from the date of the accident or incident, or until permission for disposal of such recording has been given by the investigator-in-charge or an appropriate authority, whichever is the latter date; and
(b)when the Director so directs, preserve the original recording, as retained by the flight recorder, for a specified period calculated from the date of such direction.

 

(2)If an aircraft is required under this Part to be fitted with a FDR, the owner or operator of the aircraft shall—
(a)have the recording for the period of operating time as required by subregulations (1)(a) and (b): Provided that for the purpose of testing and maintaining a FOR one hour of the oldest recorded material at the time of testing may be erased;
(b)keep a recording of at least one representative flight made within the preceding 12 months which includes a take-off, climb, cruise, descent, approach and landing, together with a means of identifying the recording with the flight to which it relates; and
(c)keep a document which represents the information necessary to retrieve and convert the stored data into engineering units.

 

(3)The owner or operator of an aircraft on which a flight recorder is carried shall, within a reasonable time after being requested to do so by the Director or an appropriate authority, produce any recording made by such flight recorder which is available or has been preserved.

 

(4)A CVR recording may be used for purposes other than for the investigation of an accident or incident only with the consent of all the flight crew members concerned.

 

(5)The FOR recordings may be used for purposes other than the investigation of an accident or incident which is subject to mandatory reporting, only when such recordings are—
(a)used by the owner or operator for airworthiness or maintenance purposes only;
(b)de-identified; or
(c)disclosed under secure procedures.