Document ID: chunk:federal_register_of_legislation:F2025C00187:reg:8:p9
Version: federal_register_of_legislation:F2025C00187
Segment Type: reg
Provision Reference: reg 8 (pt 9/11)
Character Range: 333773–336398

aircraft under this Division must:
(a) start to record before the aircraft first begins moving under its own power for a flight; and
(b) as far as practicable if electrical power is available — start to record as early as possible during the cockpit checks before the engines are started at the beginning of a flight; and
(c) record continuously until the termination of the flight when the aircraft is no longer capable of moving under its own power and the engines have been shut down; and
(d) as far as practicable if electrical power is available — continue recording until as close as possible to the conclusion of the cockpit checks immediately following engine shutdown at the end of the flight.
       (3) The FDR and the CVR within a combination recorder fitted to an aircraft under this Division must record continuously during the same periods as an FDR and a CVR are required to operate under subsections (1) and (2).
       (4) If:
(a) there is no APU or other alternative power source for the aircraft; and
(b) it is reasonably necessary to preserve the aircraft's primary power source in order to start the aircraft's engines; and
(c) the FDR is operated continuously during the period beginning just before the engines are started for take-off and ending when the final pilot checklist is completed at the end of the flight;
        then, a CVR fitted to an aircraft under this Division must record continuously during the period:
(d) beginning after the engines are started for the flight; and
(e) ending when the final pilot checklist is completed at the end of the flight.
       (5) An FDR or combination recorder fitted to an aircraft under this Division must not be operated during maintenance of the aircraft or of an aeronautical product fitted to the aircraft, except if the maintenance is to the recorder or an aircraft engine.
       (6) For subsection (5), an APU fitted to the aircraft is not an aircraft engine unless it is capable of propelling the aircraft.

26.38 Flight with inoperative FDR, CVR or combination flight recording equipment
        An FDR, a CVR, or a combination recorder fitted to an aircraft under this Division may be inoperative at the beginning of a flight only if:
(a) the flight begins from a departure aerodrome with no facility for the recorder to be repaired or replaced; and
(b) for an aircraft that is only required to be fitted with 1 CVR or 1 FDR — the inoperative recorder has not been inoperative for more than 21 days; and
(c) for an aircraft that is required to be fitted with 1 CVR and 1 FDR:
           (i) the inoperative recorder has not been inoperative