| (1) | An air service operator shall ensure that the aeroplanes required to be equipped with the flight recorders as provided in this Subpart are installed as specified in Document SA-CATS 135 and meet the crashworthiness and fire protection specifications as provided therein. |
| (2) | Flight recorders shall be checked and inspected daily and on an annual basis as specified in Document SA-CATS 135. |
| (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 a serious incident in which the aeroplane is not able to continue on its intended itinerary, 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 the use of recordings or transcripts of CVR, CARS, Class A AIR, and Class A AIRS for purposes other than an 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 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 the protections stipulated in Part 140; or |
| (d) | used for inspections of flight recorder systems as provided in Part 135 and its associated Document SA-CATS 135. |
[Regulation 135.05.9(6) inserted by regulation 18(g) 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 the investigation of an accident or incident in terms of Part 12, except where recordings or transcripts are subject to protections stipulated in Part 140 and are— |
| (a) | used by an air service operator for airworthiness or maintenance purposes; |
| (b) | used by an air service operator in an operation of a flight data analysis programme required in terms of 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 135.05.9(7) inserted by regulation 18(g) of Notice No. R. 3170, GG48228, dated 17 March 2023 (Twenty-Sixth Amendment of the Civil Aviation Regulations, 2023)]
