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1. NO...legally speaking the CVR/FDR can only be used for purposes of gathering data to examine and investigate causes of an accident or a failure of a particular item on the aircraft. This data is to be distributed only to the manufacturers, FAA, NTSB and company involved for analysis purposes.
However, if the NTSB or Feds fault the crew for "Pilot Error", after they conclude their investigation and you are still living to tell about it after an accident, you could get sued by the the surviving parties and their attorneys will do everything they can to obtain the CVR/FDR data to use it against you in court. Again, they can't use the actual data but they can cite the official Fed and NTSB report they used the data to help make their conclusion.
If you are involved in an altitude bust, clearance or separation deviation or in something where you walk away from the plane and no one got hurt or the plane was not damaged, then NO, CVR/FDR data can't be used, but the FAA will use their own ATC tapes, Radar data and FAA personnel testimony in the enforcement action and that is legal.
2. NO, not for any enforcement action. If they do, they broke the law.
3. Only if find the best attorney available that knows aviation law.
If you work for an outfit that pulls CVRs in order to bust pilots then it would be in your best interest to get fired.
1. Can or could a CVR be used to get a pilot in trouble in the United States of America?
2. Can either the FAA or a company ever use a CVR for this purpose?
3. Would the pilot win the court case if this were to happen?
So
you think a court would side with a company doing that?
thats is questionable right there
Why would a court get involved? The pilots could sue for wrongful termination, but on what grounds?
CVR was not put on a airplane for disciplinary reasons. It was put there for safety reasons.
unless its something outrageous like the Pinnacle deal I dont think the jury would go against the employee
CVR was not put on a airplane for disciplinary reasons. It was put there for safety reasons.
unless its something outrageous like the Pinnacle deal I dont think the jury would go against the employee
You are making the illogical leap here that the company cannot use the CVR to punish. The FARs do not say that. They say the FAA cannot use it for enforcement action. It would not even end up in court. It is within a companies right to use the info on there as they see fit. It HAS happened and will continue to happen. Case closed.
Yes it would in some instances. Wrongful termination lawsuit comes to mind.
Show some facts of previous use of cvr and employee's being fired?
I doubt there is any precedence....but the fact that it can happen and is perfectly legal. Unfortunatley when CVR usage comes into play it is too late for the crew and passengers........ Comair in LEX comes to mind...The pilots got plastered in the papers because of their non-aviation discussions.....
It's the companies plane. They can monitor any portion they want...Over stress an engine or operate it outside of it's limitations. Something happens, busted. I've seen that play out with other 121 companies. Maintenance can look up prior a/c data and know when and how a plane was being operated.....Those MFD/PFD's can show alot of maintenance info and trends.....(of course not every type of a/c)
If the company can watch you on a FBO ramp they can certainly pull CVR's.....I guess it would be in the CBA how or in which way a CVR can be used?? But that's only at various companies.