D-day or D minor or D – or is option (D) firming up?
Warning: Long post coming up!
While we wait!
Noticed some more (d)iscrepancies
while hovering over Mt Noncompliance at 348m amsl and (d)iligently (d)eciphering the (d)emonstrable (d)ifferences (d)ocument….
On page 65-66 paragraph 5.12 of SUP H12/11 it says…
“However, Australia also has a less protective regime with respect
to other elements of standard 5.12 as:
(a) other than for Cockpit Voice Recorders, the State does not
apply universal protections to all the records in standard 5.12 – it is
only the staff of the Accident Investigation Authority and persons
who are given authorised access that are required to protect them;
(b) where court proceedings are not involved the Accident
Investigation Authority has discretions to release information where
necessary and desirable for purposes of transport safety without
the Appropriate Authority for the Administration of Justice
conducting the balancing test.”
Note: Hallelujah Beaker obviously hasn’t allowed the (D)oc to get his sticky fingers on writing the (d)ifferences references for the bureau.
As you can see (in a round about sort of way) the bureau have also chipped in to help address NCN OPS/03. However the.. “other than for”… seems to murky the waters and perhaps someone with a legal bent can help me out here? Because that would appear to contradict the NCN… “all related Flight recorder records”
Ok so then I (d)ecided to hop across the (d)itch again to see how the Kiwis tackle the problem…
Referring again to paragraph 11.6 of this (d)elightfully easy to use (d)ocument:
11.6 Flight recorder records
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 Annex 13.
Compliance Statement
[12.103]
CAR 12.103 Preservation of records
(a) Each holder of a certificate of registration of an aircraft that is involved in a serious incident or accident shall preserve all records, including all recording media maintained for the operation and maintenance of the aircraft, for at least 14 days after the serious incident or accident unless otherwise notified by the Authority.
Ok not that we don’t trust the Kiwis but this statement comes from a 7 year old document, so lets check the reference (CAR 12.103) for currency and compliance…
If you ‘click here’ you’ll see a nice user friendly page of reg references, so then click on Part 12 look up the relevant reference (CAR 12.103) and this should be what you see:
12.103 Preservation of records
(a) The holder of a certificate of registration of an aircraft that is
involved in a serious incident or accident must preserve all records,
including all recording media maintained for the operation and maintenance
of the aircraft, for at least 14 days after the serious incident or accident
unless otherwise notified by the Authority.
(b) The holder of a certificate issued in accordance with—
(1) Part 171 that is involved in a facility malfunction incident or an
accident; or
(2) Part 172 that is involved in an airspace incident or an accident;
or
(3) Part 173 that is involved in a promulgated information incident
or an accident; must preserve all records, including log entries, electronic recordings, technical and other relevant data relating to the incident or accident for at least 14 days after the incident or accident unless otherwise notified by the Authority.
(c) A person who is involved in a promulgated information incident or
an accident involving responsibilities under Part 95 must preserve
all records, including log entries, electronic recordings, technical
and other relevant data relating to the incident or accident for at
least 14 days after the incident or accident unless otherwise
notified by the Authority.
Hmm so DOIT/FF stop fluffing around in the chook shed with that axe, I mean how hard can it be?
Oh I forgot…the equivalent Part is still under review or being redrafted!
Note: The irony is most (d)iligent, safety conscience, ICAO compliant, AOC holders already include that part in their COMs!
Even though it hasn’t been thought up yet I’m going with option (d)!
Last edited by Sarcs; 29th Apr 2013 at 22:47.