Page 231 - UK Air Operations Regulations (Consolidated) 201121

Part CAT - ANNEX IV - Commercial Air Transport Operations

works against an effective safety culture inside the operator.
(b) It is noteworthy that the flight data recorder (FDR) may be used for a flight data monitoring
(FDM) programme; however, in that case the principles of confidentiality and access
restriction of the FDM programme apply to the FDR recordings. Because the CVR is
recording the voices of the crew and verbal communications with a privacy content, the
CVR recordings must be protected and handled with even more care than FDM data.
(c) Therefore, the use of a CVR recording, when for purposes other than CVR serviceability or
those laid down by Regulation (EU) No 996/2010, should be subject to the free prior
consent of the persons concerned, and framed by a procedure that is endorsed by all
parties and that protects the privacy of crew members and (if applicable) maintenance
staff.
CAT.GEN.MPA.195(f)(1a) AMC1 Handling of flight recorder recordings: preservation, production, protection and use
CVR RECORDING INSPECTION FOR ENSURING SERVICEABILITY
(a) When an inspection of the CVR recording is performed for ensuring audio quality and
intelligibility of recorded communications:
(1) the privacy of the CVR recording should be ensured (e.g. by locating the CVR replay
equipment in a separated area and/or using headsets);
(2) access to the CVR replay equipment should be restricted to specifically authorised
persons;
(3) provision should be made for the secure storage of the CVR recording medium, the
CVR recording files and copies thereof;
(4) the CVR recording files and copies thereof should be destroyed not earlier than two
months and not later than one year after completion of the CVR recording
inspection, except that audio samples with no privacy content may be retained for
enhancing the CVR recording inspection (e.g. for comparing audio quality);
(5) only the accountable manager of the operator, and when identified to comply with
ORO.GEN.200, the safety manager should be entitled to request a copy of the CVR
recording files.
(b) The conditions enumerated in (a) should also be complied with if the inspection of the CVR
(b) The conditions enumerated in (a) should also be complied with if the inspection of the CVR
recording is subcontracted to a third party. The contractual agreements with the third party
should explicitly cover these aspects.
CAT.GEN.MPA.195(f)(2) GM1 Handling of flight recorder recordings: preservation, production, protection and use
USE OF FDR DATA FOR AN FDM PROGRAMME
The use of FDR data in the framework of an FDM programme may be acceptable if it fulfils the
conditions set by sub-paragraph (f)(2) of CAT.GEN.MPA.195.
CAT.GEN.MPA.200 Transport of dangerous goods
(a) Unless otherwise permitted by this Annex, the transport of dangerous goods by air shall be
conducted in accordance with Annex 18 to the Chicago Convention as last amended and
amplified by the ‘Technical instructions for the safe transport of dangerous goods by air’
(ICAO Doc 9284- AN/905), including its supplements and any other addenda or corrigenda.
(b) Dangerous goods shall only be transported by an operator approved in accordance with
Annex V (Part-SPA), Subpart G, except when:
(1) they are not subject to the technical instructions in accordance with Part 1 of those
instructions; or
(2) they are carried by passengers or crew members, or are in baggage, in accordance
with Part 8 of the technical instructions.
(c) An operator shall establish procedures to ensure that all reasonable measures are taken to
prevent dangerous goods from being carried on board inadvertently.
(d) The operator shall provide personnel with the necessary information enabling them to carry
out their responsibilities, as required by the technical instructions.
(e) The operator shall, in accordance with the technical instructions, report without delay to the
CAA and the appropriate authority of the State of occurrence in the event of:
(1) any dangerous goods accidents or incidents;
(2) the discovery of undeclared or misdeclared dangerous goods in cargo or mail; or
(3) the finding of dangerous goods carried by passengers or crew members, or in their
baggage, when not in accordance with Part 8 of the technical instructions.
(f) The operator shall ensure that passengers are provided with information about dangerous
goods in accordance with the technical instructions.
(g) The operator shall ensure that notices giving information about the transport of dangerous
goods are provided at acceptance points for cargo as required by the technical
instructions.
CAT.GEN.MPA.200 GM1 Transport of dangerous goods
GENERAL
(a) The requirement to transport dangerous goods by air in accordance with the Technical
Instructions is irrespective of whether:
(1) the flight is wholly or partly within or wholly outside the territory of a State; or
(2) an approval to carry dangerous goods in accordance with Annex V (Part-SPA),
Subpart G is held.
(b) The Technical Instructions provide that in certain circumstances dangerous goods, which
are normally forbidden on an aircraft, may be carried. These circumstances include cases
of extreme urgency or when other forms of transport are inappropriate or when full
compliance with the prescribed requirements is contrary to the public interest. In these
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