142 

14 CFR Ch. I (1–1–19 Edition) 

§ 121.359 

of the checklist (before starting en-
gines for the purpose of flight), to com-
pletion of the final checklist at the ter-
mination of the flight. 

(b) [Reserved] 
(c) The cockpit voice recorder re-

quired by paragraph (a) of this section 
must meet the following application 
standards: 

(1) The requirements of part 25 of this 

chapter in affect on August 31, 1977. 

(2) After September 1, 1980, each re-

corder container must— 

(i) Be either bright orange or bright 

yellow; 

(ii) Have reflective tape affixed to the 

external surface to facilitate its loca-
tion under water; and 

(iii) Have an approved underwater lo-

cating device on or adjacent to the con-
tainer which is secured in such a man-
ner that they are not likely to be sepa-
rated during crash impact, unless the 
cockpit voice recorder, and the flight 
recorder required by § 121.343, are in-
stalled adjacent to each other in such a 
manner that they are not likely to be 
separated during crash impact. 

(d) No person may operate a multien-

gine, turbine-powered airplane having 
a passenger seat configuration of 10–19 
seats unless it is equipped with an ap-
proved cockpit voice recorder that: 

(1) Is installed in compliance with 

§ 23.1457(a)(1) and (2), (b), (c), (d)(1)(i), 
(2) and (3), (e), (f), and (g); or 
§ 25.1457(a)(1) and (2), (b), (c), (d)(1)(i), 
(2) and (3), (e), (f), and (g) of this chap-
ter, as applicable; and 

(2) Is operated continuously from the 

use of the checklist before the flight to 
completion of the final checklist at the 
end of the flight. 

(e) No person may operate a multien-

gine, turbine-powered airplane having 
a passenger seat configuration of 20 to 
30 seats unless it is equipped with an 
approved cockpit voice recorder that— 

(1) Is installed in accordance with the 

requirements of § 23.1457 (except para-
graphs (a)(6), (d)(1)(ii), (4), and (5)) or 
§ 25.1457 (except paragraphs (a)(6), 
(d)(1)(ii), (4), and (5)) of this chapter, as 
applicable; and 

(2) Is operated continuously from the 

use of the checklist before the flight to 
completion of the final checklist at the 
end of the flight. 

(f) In complying with this section, an 

approved cockpit voice recorder having 
an erasure feature may be used, so that 
at any time during the operation of the 
recorder, information recorded more 
than 30 minutes earlier may be erased 
or otherwise obliterated. 

(g) For those aircraft equipped to 

record the uninterrupted audio signals 
received by a boom or a mask micro-
phone, the flight crewmembers are re-
quired to use the boom microphone 
below 18,000 feet mean sea level. No 
person may operate a large turbine en-
gine powered airplane or a large pres-
surized airplane with four recipro-
cating engines manufactured after Oc-
tober 11, 1991, or on which a cockpit 
voice recorder has been installed after 
October 11, 1991, unless it is equipped to 
record the uninterrupted audio signal 
received by a boom or mask micro-
phone in accordance with § 25.1457(c)(5) 
of this chapter. 

(h) In the event of an accident or oc-

currence requiring immediate notifica-
tion of the National Transportation 
Safety Board under part 830 of its regu-
lations, which results in the termi-
nation of the flight, the certificate 
holder shall keep the recorded informa-
tion for at least 60 days or, if requested 
by the Administrator or the Board, for 
a longer period. Information obtained 
from the record is used to assist in de-
termining the cause of accidents or oc-
currences in connection with investiga-
tions under part 830. The Adminis-
trator does not use the record in any 
civil penalty or certificate action. 

(i) By April 7, 2012, all turbine en-

gine-powered airplanes subject to this 
section that are manufactured before 
April 7, 2010, must have a cockpit voice 
recorder installed that also— 

(1) Meets the requirements of 

§ 23.1457(d)(6) or § 25.1457(d)(6) of this 
chapter, as applicable; 

(2) Retains at least the last 2 hours of 

recorded information using a recorder 
that meets the standards of TSO–C123a, 
or later revision; and 

(3) Is operated continuously from the 

use of the checklist before the flight to 
completion of the final checklist at the 
end of the flight. 

(4) If transport category, meets the 

requirements in § 25.1457(a)(3), (a)(4), 
and (a)(5) of this chapter. 

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