Says Cockpit Voice Recorders Should Not Be Utilized For Punitive Action

The Coalition of Airline Pilot Associations (CAPA) reached out to their membership on Friday, encouraging commercial pilots to voice their opposition to Senate bill 3048.  The bill would allow air carriers to use information obtained from a cockpit voice recorder (CVR) or a flight data recorder "to discipline or discharge a pilot or flight engineer for actions that endanger the safety or well being of passengers."

Senator Jim DeMint (R-SC) introduced S.3048 against the recent NTSB recommendation that specifically states that CVR data not be used for punitive purposes. CAPA maintains that any use of CVR data for punitive actions would destroy voluntary safety reporting systems like the Aviation Safety Action Program (ASAP) and the Flight Operational Quality Assurance program (FOQA) and reduce operational safety.

CAPA is opposed to Senator DeMint's bill and is encouraging members to call or email their Senator with a request that they vote against any such legislation for inclusion in the FAA Reauthorization Bill.

(S.3048) Text of Legislation:

To improve air safety by authorizing the limited use by air carriers of information collected through cockpit voice recorders and flight data recorders, to prohibit tampering with such devices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
This Act may be cited as the 'Pilot Professionalism Assurance Act'.

SEC. 2. USE OF FLIGHT INFORMATION.

(a) AUTHORIZATION.-Notwithstanding any other provision of law, or any provision in a private contract, air carriers may use information obtained from a cockpit voice recorder or a flight data recorder-

(1) to discipline or discharge a pilot or flight engineer for actions that endanger the safety or well being of passengers;
(2) to defend itself in any discipline or discharge grievance proceeding;
(3) to evaluate or monitor the judgment or performance of an individual pilot or crew member;
(4) to justify or require a pilot's submission to a proficiency check or line check; or
(5) for any other purpose relating to improving the safety or well being of passengers.

(b) CONFIDENTIALITY.-Each air carrier that has obtained information pursuant to subsection (a) shall keep such information confidential and may only disclose such information to the extent required in an administrative or
judicial proceeding.

SEC. 3. TAMPERING WITH COCKPIT VOICE RECORDER OR FLIGHT DATA RECORDER PROHIBITED

(a) IN GENERAL.-No person may tamper with, disable, or destroy any cockpit voice recorder or flight data recorder installed on a commercial aircraft.

(b) PENALTIES.-

(1) IN GENERAL.-Any person who violates the prohibition described in subsection (a) may be fined up to $2,000 and imprisoned for not more than 5 years.
(2) COMMERCIAL PILOT.-If a commercial pilot violates the prohibition described in subsection (a)-

(A) the air carrier employing such pilot shall immediately terminate such employment; and
(B) the Administrator of the Federal Aviation Administration shall immediately revoke the airman certificate issued to the pilot under section 44703 of title 49, United States Code.

FMI: www.capapilots.org, http://www.govtrack.us/congress/bill.xpd?bill=s111-3048