The Nigeria Civil Aviation Authority (NCAA) has once again, warned the indigenous airline operators of overwriting the Cockpit Voice Recorder (CVR) after serious incidents and accidents in an attempt to circumvent investigation.
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The apex regulatory body has also advised the airlines to desist from the act, saying it negated the Nigeria Civil Aviation Regulations (Nig. CARs) and threatened to sanction erring carriers.
The regulatory body also issued the airlines 30 days ultimatum to adhere to the new amendments or face its wrath.
NCAA warning
An All Operators Letter (AOL) with the reference number: NCAA/DGCA/AOL/11/16/365, signed by Capt. Musa Nuhu, the Director-General Civil Aviation (DGCA), dated July 24, 2023, addressed to Accountable Executive, Directors of Operations, Chief Pilots and Safety Managers and obtained by Nairametrics, indicated that some of the airlines have consistently indulged in this unwholesome practice, which could impact safety.
NCAA said it had noticed that some airline operators’ flight crew members were in the practice of continuously overwriting the CVR information after an occurrence, saying that this practice made it impossible for the Nigerian Safety Investigation Bureau (NSIB) to retrieve actual data to aid in its investigation as required by Paragraphs 25 and 26 of the Civil Aviation Regulations 2019.
It added that this action had also impeded and posed undesirable difficulty in ensuring that NSIB successfully discharge its mandatory mandate of investigating accidents and serious incidents.
NCAA recalled that it had in the past warned the airlines against engaging in such acts, but regretted that the practice had recently returned to the industry among the airlines.
It reiterated that NCARs Part 7.8.1.3 (b), which is derived from the provisions of the International Civil Aviation Organisation (ICAO) Annex 6, Section 11.6, stated that in order to preserve flight recorder records, it should be deactivated upon completion of flight time following an accident or incident.
According to Nuhu, the annex reiterated that the flight recorder should not be reactivated before their disposition as determined in accordance with the accident/incident regulations of Nigeria.
NCAA directed all airline operators to conduct in-house awareness training for their flight crews on the requirements of the Nigeria CARs Parts 7.8.1.3 (b), 8.14.10.3 (a) and 8.5.1.24 (b) and (c) and incorporate same in their in their respective operations manual.
It insisted that the amendment must be submitted to it for review, acceptance and approval within 30 days from the date of issue of the AOL, on or before August 23, 2023.
The document added: “These procedures must form part of the contents of the indoctrination training for flight crew members.
- “Also, ensure continuous compliance within the requirements of the Nig. CARs on the preservation flight recorder records.
- “This AOL serves as a final caution against this practice. The authority will henceforth apply its enforcement processes, where non-compliances are to be requirements of the aforementioned Nig. CARs or non-conformance to the operator’s approved procedures have been noticed. You are to ensure immediate compliance.”
Backstory
Recall that NSIB preliminary report had last month indicted Max Air of overwriting the CVR of the serious incident, which occurred on May 7, 2023, on landing at its Nnamdi Azikiwe International Airport (NAIA), Abuja.
The report also accused the airline of feigning ignorance of the NCAA’s AOL (NCAA/FSG/AOL/19/03) in respect of continuous overwriting of CVR Information.
The report also challenged NCAA to invoke the relevant sections of Nig.CARs 2015 in accordance with IS 1.3.3 Legal Enforcement Actions to non-compliant operators with the AOL (NCAA/FSG/AOL/19/03) on continuous overwriting of CVR information by airlines.
The serious accident occurred in Abuja on May 7, 2023, on Boeing 737-400 aircraft with the registration number: 5N-MBD, which occurred on landing at Nnamdi Azikiwe International Airport, Abuja Nigeria on 7 May 2023 with 143 passengers onboard.
Apart from Max Air, some other domestic airlines had been accused in the past of indulging in the act.
They have been warned severally that this may affect safety and cause an accident if not nipped in the bud.
