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Federal Aviation Administration, DOT § 91.609

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Federal Aviation Administration, DOT § 91.609 Federal Aviation Administration, DOT § 91.609 (4) No person may remove any exit test it or to test any communications that would result in a ratio of max- or electrical equipment installed in the imum number of occupants to approved aircraft; exits greater than 14:1. (4) Ferry a newly acquired aircraft (d) This section does not relieve any from a place where possession of it was person operating under part 121 of this taken to a place where the flight re- chapter from complying with § 121.291. corder or cockpit voice recorder is to be installed; or § 91.609 Flight data recorders and (5) Operate an aircraft: cockpit voice recorders. (i) For not more than 15 days while (a) No holder of an air carrier oper- the flight recorder and/or cockpit voice ating certificate or an operating cer- recorder is inoperative and/or removed tificate may conduct any operation for repair provided that the aircraft under this part with an aircraft listed maintenance records contain an entry in the holder’s operations specifica- that indicates the date of failure, and a tions or current list of aircraft used in placard is located in view of the pilot air transportation unless that aircraft to show that the flight recorder or complies with any applicable flight re- cockpit voice recorder is inoperative. corder and cockpit voice recorder re- (ii) For not more than an additional quirements of the part under which its 15 days, provided that the requirements certificate is issued except that the op- in paragraph (b)(5)(i) are met and that erator may— a certificated pilot, or a certificated (1) Ferry an aircraft with an inoper- person authorized to return an aircraft ative flight recorder or cockpit voice to service under § 43.7 of this chapter, recorder from a place where repair or certifies in the aircraft maintenance replacement cannot be made to a place records that additional time is required where they can be made; to complete repairs or obtain a replace- (2) Continue a flight as originally ment unit. planned, if the flight recorder or cock- (c)(1) No person may operate a U.S. pit voice recorder becomes inoperative civil registered, multiengine, turbine- after the aircraft has taken off; powered airplane or rotorcraft having a (3) Conduct an airworthiness flight passenger seating configuration, ex- test during which the flight recorder or cluding any pilot seats of 10 or more cockpit voice recorder is turned off to that has been manufactured after Octo- test it or to test any communications ber 11, 1991, unless it is equipped with or electrical equipment installed in the one or more approved flight recorders aircraft; or that utilize a digital method of record- (4) Ferry a newly acquired aircraft ing and storing data and a method of from the place where possession of it is readily retrieving that data from the taken to a place where the flight re- storage medium, that are capable of re- corder or cockpit voice recorder is to cording the data specified in appendix be installed. E to this part, for an airplane, or ap- (b) Notwithstanding paragraphs (c) pendix F to this part, for a rotorcraft, and (e) of this section, an operator of this part within the range, accuracy, other than the holder of an air carrier and recording interval specified, and or a commercial operator certificate that are capable of retaining no less may— than 8 hours of aircraft operation. (1) Ferry an aircraft with an inoper- (2) All airplanes subject to paragraph ative flight recorder or cockpit voice (c)(1) of this section that are manufac- recorder from a place where repair or tured before April 7, 2010, by April 7, replacement cannot be made to a place 2012, must meet the requirements of where they can be made; § 23.1459(a)(7) or § 25.1459(a)(8) of this (2) Continue a flight as originally chapter, as applicable. planned if the flight recorder or cock- (3) All airplanes and rotorcraft sub- pit voice recorder becomes inoperative ject to paragraph (c)(1) of this section after the aircraft has taken off; that are manufactured on or after (3) Conduct an airworthiness flight April 7, 2010, must meet the flight data test during which the flight recorder or recorder requirements of § 23.1459, cockpit voice recorder is turned off to § 25.1459, § 27.1459, or § 29.1459 of this 773 VerDate Mar<15>2010 11:09 Mar 07, 2011 Jkt 223044 PO 00000 Frm 00783 Fmt 8010 Sfmt 8010 Y:\SGML\223044.XXX 223044 wwoods2 on DSK1DXX6B1PROD with CFR § 91.609 14 CFR Ch. I (1–1–11 Edition) chapter, as applicable, and retain at under part 830. The Administrator does least the last 25 hours of recorded in- not use the cockpit voice recorder formation using a recorder that meets record in any civil penalty or certifi- the standards of TSO–C124a, or later re- cate action. vision. (h) All airplanes required by this sec- (d) Whenever a flight recorder, re- tion to have a cockpit voice recorder quired by this section, is installed, it and a flight data recorder, that are must be operated continuously from manufactured before April 7, 2010, must the instant the airplane begins the by April 7, 2012, have a cockpit voice takeoff roll or the rotorcraft begins lift-off until the airplane has com- recorder that also— pleted the landing roll or the rotorcraft (1) Meets the requirements of has landed at its destination. § 23.1457(d)(6) or § 25.1457(d)(6) of this (e) Unless otherwise authorized by chapter, as applicable; and the Administrator, after October 11, (2) If transport category, meets the 1991, no person may operate a U.S. civil requirements of § 25.1457(a)(3), (a)(4), registered multiengine, turbine-pow- and (a)(5) of this chapter. ered airplane or rotorcraft having a (i) All airplanes or rotorcraft re- passenger seating configuration of six quired by this section to have a cockpit passengers or more and for which two voice recorder and flight data recorder, pilots are required by type certifi- that are manufactured on or after cation or operating rule unless it is April 7, 2010, must have a cockpit voice equipped with an approved cockpit recorder installed that also— voice recorder that: (1) Is installed in accordance with the (1) Is installed in compliance with § 23.1457(a)(1) and (2), (b), (c), (d)(1)(i), requirements of § 23.1457 (except for (2) and (3), (e), (f), and (g); § 25.1457(a)(1) paragraphs (a)(6) and (d)(5)); § 25.1457 and (2), (b), (c), (d)(1)(i), (2) and (3), (e), (except for paragraphs (a)(6) and (d)(5)); (f), and (g); § 27.1457(a)(1) and (2), (b), § 27.1457 (except for paragraphs (a)(6) (c), (d)(1)(i), (2) and (3), (e), (f), and (g); and (d)(5)); or § 29.1457 (except for para- or § 29.1457(a)(1) and (2), (b), (c), (d)(1)(i), graphs (a)(6) and (d)(5)) of this chapter, (2) and (3), (e), (f), and (g) of this chap- as applicable; and ter, as applicable; and (2) Retains at least the last 2 hours of (2) Is operated continuously from the recorded information using a recorder use of the checklist before the flight to that meets the standards of TSO–C123a, completion of the final checklist at the or later revision. end of the flight. (3) For all airplanes or rotorcraft (f) In complying with this section, an manufactured on or after April 6, 2012, approved cockpit voice recorder having also meets the requirements of an erasure feature may be used, so that § 23.1457(a)(6) and (d)(5); § 25.1457(a)(6) at any time during the operation of the and (d)(5); § 27.1457(a)(6) and (d)(5); or recorder, information recorded more than 15 minutes earlier may be erased § 29.1457(a)(6) and (d)(5) of this chapter, or otherwise obliterated. as applicable. (g) In the event of an accident or oc- (j) All airplanes or rotorcraft re- currence requiring immediate notifica- quired by this section to have a cockpit tion to the National Transportation voice recorder and a flight data re- Safety Board under part 830 of its regu- corder, that install datalink commu- lations that results in the termination nication equipment on or after April 6, of the flight, any operator who has in- 2012, must record all datalink messages stalled approved flight recorders and as required by the certification rule ap- approved cockpit voice recorders shall plicable to the aircraft. keep the recorded information for at (k) An aircraft operated under this least 60 days or, if requested by the Ad- part under deviation authority from ministrator or the Board, for a longer part 125 of this chapter must comply period. Information obtained from the with all of the applicable flight data record is used to assist in determining the cause of accidents or occurrences in connection with the investigation 774 VerDate Mar<15>2010 11:09 Mar 07, 2011 Jkt 223044 PO 00000 Frm 00784 Fmt 8010 Sfmt 8010 Y:\SGML\223044.XXX 223044 wwoods2 on DSK1DXX6B1PROD with CFR Federal Aviation Administration, DOT § 91.611 recorder requirements of part 125 appli- (ii) A limitation that takeoffs must cable to the aircraft, notwithstanding be made from dry runways unless, such deviation authority. based on a showing of actual operating [Doc. No. 18334, 54 FR 34318, Aug. 18, 1989, as takeoff techniques on wet runways amended by Amdt. 91–226, 56 FR 51621, Oct.
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