Cockpit voice recorder disabled against company FAA policy.

Attributes
ACN	319173
Time
Date	199510
Day	Fri
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : mem
State Reference	TN
Altitude	msl bound lower : 11200 msl bound upper : 11200
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Operator	common carrier : air carrier
Make Model Name	A320
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	climbout : intermediate altitude
Route In Use	enroute airway : zme
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : flight engineer pilot : atp pilot : cfi pilot : instrument pilot : commercial
Experience	flight time last 90 days : 75 flight time total : 11500 flight time type : 1500
ASRS Report	319173
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	non adherence : far non adherence : published procedure other anomaly other
Independent Detector	other flight crewa
Resolutory Action	other
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

We had a near miss that has been detailed in a previous report. Because of evasive action taken, we exceeded vmo by 20-25 KIAS and exceeded 250 KIAS below 10000 ft. We never fully were able to comply with the TCASII RA (never got to the green) even with maximum aircraft performance. Due to all of these factors, I disabled the cockpit voice recorder by pulling the overhead breakers to preserve the cockpit conversations to hopefully figure out why things happened the way they did. We had no guidance in our flight operations manual about disabling the cockpit voice recorder. Dispatch and maintenance control offered no guidance. I have been criticized for this action even though it is permissible to dispatch with no cockpit voice recorder for 3 flight days. Callback conversation with reporter revealed the following information: reporter disabled cockpit voice recorder by pulling circuit breakers in order to preserve the cockpit conversations. When advising his company of the action, he was told, 'you can't do that.' he believes, however, that since aircraft can be dispatched without a cockpit voice recorder that it should be permissible. His company disagrees, but they are planning to review the tape with the reporter.

Original NASA ASRS Text

Title: COCKPIT VOICE RECORDER DISABLED AGAINST COMPANY FAA POLICY.

Narrative: WE HAD A NEAR MISS THAT HAS BEEN DETAILED IN A PREVIOUS RPT. BECAUSE OF EVASIVE ACTION TAKEN, WE EXCEEDED VMO BY 20-25 KIAS AND EXCEEDED 250 KIAS BELOW 10000 FT. WE NEVER FULLY WERE ABLE TO COMPLY WITH THE TCASII RA (NEVER GOT TO THE GREEN) EVEN WITH MAX ACFT PERFORMANCE. DUE TO ALL OF THESE FACTORS, I DISABLED THE COCKPIT VOICE RECORDER BY PULLING THE OVERHEAD BREAKERS TO PRESERVE THE COCKPIT CONVERSATIONS TO HOPEFULLY FIGURE OUT WHY THINGS HAPPENED THE WAY THEY DID. WE HAD NO GUIDANCE IN OUR FLT OPS MANUAL ABOUT DISABLING THE COCKPIT VOICE RECORDER. DISPATCH AND MAINT CTL OFFERED NO GUIDANCE. I HAVE BEEN CRITICIZED FOR THIS ACTION EVEN THOUGH IT IS PERMISSIBLE TO DISPATCH WITH NO COCKPIT VOICE RECORDER FOR 3 FLT DAYS. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR DISABLED COCKPIT VOICE RECORDER BY PULLING CIRCUIT BREAKERS IN ORDER TO PRESERVE THE COCKPIT CONVERSATIONS. WHEN ADVISING HIS COMPANY OF THE ACTION, HE WAS TOLD, 'YOU CAN'T DO THAT.' HE BELIEVES, HOWEVER, THAT SINCE ACFT CAN BE DISPATCHED WITHOUT A COCKPIT VOICE RECORDER THAT IT SHOULD BE PERMISSIBLE. HIS COMPANY DISAGREES, BUT THEY ARE PLANNING TO REVIEW THE TAPE WITH THE RPTR.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.