| (1) | An air service operator shall equip the aeroplanes specified in Document SA-CATS 121 with the flight recorders as provided therein. |
| (2) | Each flight recorder installed in an aeroplane shall be located and installed in such a manner that maximum practicable protection is provided, in order that, in the event of an accident or incident, the recorded data may be recovered in a preserved and intelligible state. Flight recorders shall meet the crashworthiness and fire protection specifications prescribed in Document SA-CATS 121. |
| (3) | Flight recorders shall be deactivated upon completion of flight time following an accident or incident. The flight recorders shall not be reactivated before their disposition to the accident or incident investigation team. |
| (4) | An operator shall ensure, to the extent possible, in the event the aeroplane becomes involved in an accident or incident, the preservation of all related flight recorder records and, if necessary, the associated flight recorders and their retention in safe custody pending their disposition as determined in accordance with Part 12. |
| (5) | The flight recorder shall not be switched off during flight time. |
| (6) | An air service operator shall not allow use of recordings or transcripts of CVR, CARS, Class A AIR, and Class A AIRS for purposes other than investigation of an accident or incident in terms of Part 12, except where such recordings or transcripts are— |
| (a) | related to a safety event identified in the context of an SMS; |
| (b) | restricted to the relevant portions of a de-identified transcript of the recording, and are subject to the protections accorded by Part 140; |
| (c) | sought for use in criminal proceedings not involving an accident or incident investigation, and are subject to protections accorded by Part 140; or |
| (d) | used for inspections of flight recorder systems as provided in Part 121 and associated Document SA-CATS 121. |
[Regulation 121.05.17(6) inserted by regulation 16(h) of Notice No. R. 3170, GG48228, dated 17 March 2023 (Twenty-Sixth Amendment of the Civil Aviation Regulations, 2023)]
| (7) | An air service operator shall not allow the use of recordings or transcripts of FDR, ADRS, Class B and Class C AIR, and AIRS for purposes other than investigation of an accident or incident in terms of Part 12, except where recordings or transcripts are subject to protections accorded by Part 140 and are— |
| (a) | used by an air service operator for airworthiness or maintenance purposes; |
| (b) | used by an air service operator in the operation of a flight data analysis programme required in this Part; |
| (c) | sought for use in proceedings not related to an event involving an accident or incident investigation; |
| (e) | disclosed under secure procedures. |
Note: Provisions on the protection of safety data, safety information and related sources are contained in Part 140.
[Regulation 121.05.17(6) inserted by regulation 16(h) of Notice No. R. 3170, GG48228, dated 17 March 2023 (Twenty-Sixth Amendment of the Civil Aviation Regulations, 2023)]
