S. 3048: A bill 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

March 4, 2010 at 2:22 pm | Posted in Aviation Law | Leave a comment

by P.J. Blount with the blog faculty

S. 3048: A bill 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 was introduced on February 26, 2010 by Sen. Jim DeMint (R-SC):

S 3048 IS

111th CONGRESS

2d Session

S. 3048

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.

IN THE SENATE OF THE UNITED STATES

February 26, 2010

Mr. DEMINT introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

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.