Carriers reminded over cockpit-recorder protection rules after Titan 737 incident

UK operator Titan Airways has tightened its procedures for handling cockpit-voice recorder information after it accessed a recording in breach of regulations following a Boeing 737-400 incident at London Southend. The incident, on 18 June last year, involved the jet’s becoming stuck after its right-hand main landing-gear left the taxiway as the aircraft manoeuvred after landing. Titan did not notify the UK Air Accidents Investigation Branch, initially believing the incident was not serious. But the airport operator had notified the AAIB, which informed Titan on the day of the occurrence that it would carry out a safety investigation, and the carrier acknowledged this decision. Once a formal state investigation has been initiated, strict European Union regulations – still retained under UK legislation – protect cockpit-voice recorder information, and prohibit disclosure until the inquiry is concluded. But Titan’s safety department wrote to the crew of the 737 stating that it wanted to listen to the recording because the AAIB had asked it to investigate – which it had not – and that it sought information for the “official ICAO Annex 13 report”. “These communications are likely to have given the impression to the crew that the operator was acting on behalf of the AAIB, which was not the case,” says the inquiry. “The AAIB seeks the information it requires directly from those able to provide it and does not ask operators to act on its behalf.” It specifically stresses that it “never” asks operators to listen to cockpit-voice recordings or interview crews. According to the inquiry Titan was “not sure” that the nature of the investigation brought the strict protection regulation into effect. It chose to access the cockpit-voice recording under a subordinate regulation which permits disclosure under certain conditions – including having established handling procedures for the recording, and ensuring consent from crews and maintenance personnel. But this regulation is overruled once a state investigation is underway, and the inquiry says it “could not” be used as legal justification for Titan to listen to the recording. It adds that the carrier, in any case, did not have procedures in place for handling a recording or transcripts, which would have been required beforehand. <br/>