Are Recorded phone lines legal?

[Jack Mehoff]

For 121 opps as far as scheduling goes, Does all crew assignments have to be done on a recorded line? Example Crew Scheduling calling from a cell phone? any takers?

 

[SLUF4]

From what i understand only one party has to agree to being recorded. In other words, a third party can't record a conversation between to people, but you can record your own conversations and the person that you're talking to could as well-even without your knowledge.

 

[flyf15]

My cellphone can record conversations.... heck, if they can record them, I should be able to also.

 

[Smash312]

Yes they are legal - all the wall street banks/brokers do it. Kinda like a safety thing.....one said 'buy' and the broker keys a 'sell'. They then 'play the tapes' to hear what the correct order was. So, from this conclusion, no it's not illegal.

 

[trainer8]

For 121 opps as far as scheduling goes, Does all crew assignments have to be done on a recorded line? Example Crew Scheduling calling from a cell phone? any takers?

Context-Context-Context

In general, you can record phone calls all you want. But, for personal phone calls to be admissable for use in any legal proceedings (except criminal warrants to "wiretap"), the person being recorded must know he/she is being recorded and consent to the recording. No consent? Hang up.

Your company recording Crew Scheduling calls is typically/usually agreed to by Collective Barganing Agreements ( a Federal Legal Document) and all parties are aware the line is recorded. Every 121 Company I have worked for has CS recorded. Many a grievance has been settled over a recorded phone conversation with "Ralph" in India.

T8

 

[great cornholio]

For 121 opps as far as scheduling goes, Does all crew assignments have to be done on a recorded line? Example Crew Scheduling calling from a cell phone? any takers?

Its fun when they call from an un-recorded line like a cell phone. That usually means they are gonna try to convince you to take some kind of interesting/illegal pairing.

 

[regionaltard]

For 121 opps as far as scheduling goes, Does all crew assignments have to be done on a recorded line? Example Crew Scheduling calling from a cell phone? any takers?

da phone rulz

 

[Prop2Jet]

Federal Exceptions

Consent: In the absence of more restrictive state law, it is permissible to intercept and record a telephone conversation if one or both of the parties to the call consents. Consent means authorization by only one participant in the call; single-party consent is provided for by specific statutory exemption under federal law. 18 U.S.C. Sec. 2511(2)(d).
"Business telephone" exception

The "business telephone" exception, which generally allows monitoring of calls and taping over an extension phone which is both provided to a subscriber in the ordinary course of a telephone company's business and is being used by that subscriber in the ordinary course of its business. This provision generally permits businesses to monitor the conversations of their employees, including personal conversations.
Penalties: The federal statutes provide criminal penalties for unlawful interception of telephone conversations, including up to five years' imprisonment or a maximum of $10,000 in fines. They also allow for civil remedies, by which private parties are entitled to recover actual and punitive damages, together with fees and costs.

The U.S. federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most have also extended the law to cover in-person conversations. 38 states and the D.C. permit recording telephone conversations to which they are a party without informing the other parties that they are doing so.
12 states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
It is illegal under all jurisdictions to record calls in which one is not a party.
A complete state-by-state set of regulations regarding telephone call recording may be obtained in the following report published by The Reporters Committee for Freedom of the Press:
http://www.rcfp.org/taping/states.html

 

[Prop2Jet]

Yup I am geek but it is good info. Check out your state by clicking the link above!

 

[Abbey]

At Mesaba, the calls in and out of Scheduling, Chief Pilots, Dispatch are recorded. Of course, when the company tells you to do something illegal, i.e...fly while fatigued or get fired, don't write up a mx issue, etc. the company can never "find" that specific call when the Association or pilot requests to review it.

Just tell the office dills that you too are recording every time you talk to them. That should keep em on their toes.

 

[Mr Wu]

What law covers a cellphone that has a phone number from a state that requires both parties consent but the caller does not know where the phone is located?

 

[Jack Mehoff]

I guess I didn't have the question in the right context. What I ment is do all Scheduling/Dispatch assignments have to be done from a company recorded line?

 

[NuGuy]

Heyas,

Dig into your FOM, and you will find a blurb that states something along the lines of "all calls are recorded". BTW, you are recorded anytime you call ATC or an FSS on a land line. Your "consent" for this is actually listed in the AIM.

If you hear a tone or beep every 20 seconds or so, that is a dead givaway that you are being recorded.

Nu

 

[loflyer]

I guess I didn't have the question in the right context. What I ment is do all Scheduling/Dispatch assignments have to be done from a company recorded line?

I suspect the reason you were not getting an answer to the question in your post is because the subject line itself was a question (i.e. "are recorded phone lines legal"). To answer the question in your post....

No, there is no Federal Regulation that requires calls from the company to crewmembers to be recorded.

Normally, as someone else pointed out, the requirement stems from a collective bargaining agreement.

 

[Speedtape]

Some states require the beeping tone every so many seconds to give the unsuspecting party a clue.

You can use their recorded conversations against them many times if you manipulate the conversation and ask questions of them. If they ask you to do something that you feel is inappropriate, be sure and state your concersns, and ask them if it is legal! Let them incriminate themselves and then restate what they are asking you to do in direct language for the recorder and ask them to confirm it. Most importanly, note the date and time that any conversation takes place for any future reference and attempt to get that on the recorder also.

 

[IDEtoNJA]

Jack,

That depends on the company you work for. Some CBA's have a recordation clause in them. My former airline was required to record all and every conversations between line schedulers, dispatchers, mx, etc and line pilots. Many a grievance was concluded with a positive outcome for the pilot because the company couldn't "find" the recording.

 

[trainer8]

I guess I didn't have the question in the right context. What I ment is do all Scheduling/Dispatch assignments have to be done from a company recorded line?

That is going to be predicated on your company's policy regarding assigning trips.

Do you have a CBA? Your Scheduling section or Generlal section should have that info.

If you don't have a CBA, you may be on your own.

T8