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Old 31st Oct 2010, 04:31
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PJ2
 
Join Date: Mar 2003
Location: BC
Age: 76
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Jimmy;

There is a thread in R&N discussing the use of the CVR in court proceedings. While this isn't your issue, some of the discussion may be helpful as it applies to "not using safety information for enforcement or discipline proceedings against flight crews" but using data as a preventative flight safety tool.

On the MEL item, without full information it is difficult to comment, but management aren't the only ones responsible for the correctness of the MEL. The Regulator, through the airline's or region's POI (Principle Operations Inspector - liason with the regulator) is responsible for the MEL because the document is first approved by the regulator.

Others here say it well; in an established SMS culture, using the data for anything but understanding and prevention likely won't occur. An airline pulling the data and/or the CVR is not unusual in a reportable incident.

Crew identity isn't an issue here, of course. And if a simulator session or two result from some aspects of the emergency maneuver, it is considered due diligence on the part of the airline to ensure standards are met and SOPs done correctly. An extra sim session is not "punishment" but a responsible outcome the need for which may be indicated in the data. Not pleasant perhaps, but it's not blame or enforcement.

PJ2
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