Australian civil aviation regulations did not mandate the fitment of flight recorders for passenger-carrying aircraft under 5,700 kg. Consequently, the determination of factors that influenced this accident, and other accidents have been hampered by a lack of recorded data pertaining to the flight. This has likely resulted in the non‑identification of safety issues, which continue to present a hazard to current and future passenger-carrying operations.
Response by the Civil Aviation Safety Authority
On 21 October 2020, in response to the draft ATSB report, the Civil Aviation Safety Authority stated that:
The fitment of Flight data recording equipment is not required by any applicable airworthiness standards.
Mandating the fitment of recording devices in light aircraft would require legislative amendment.
As advised by email in relation to Airborne Image Recorders on 6 March 2020 there are regulatory avenues to allow them to fit recording devices to aircraft without CASA mandating such devices. CASA AC 21-47 v3.0 provides standards and methods acceptable to CASA for fitment; including ED‑155:2009.
There are also circumstances where small portable image recorders are lawfully carried and used in aircraft for private recording purposes. However, the mandating of carriage of these devices is unattractive due to the lack of standardisation of technology between devices and their application and carriage.
Under section 9A (3) of the Civil Aviation Act 1988, CASA must consider the economic and cost impact on individuals, businesses and the community in developing and promulgating aviation safety standards. Mandating the fitment of recording devices in light aircraft would impose unreasonable costs on industry without any discernible safety benefit.
ATSB comment
The ATSB acknowledges that there would be some cost imposition to industry if the fitment of onboard recordings devices was mandatory for passenger-carrying aircraft under 5,700 kg. However, cost-effective devices are now more readily available. Further, the ATSB notes that the International Civil Aviation Organization has developed standards for lightweight recorders and airborne image recorders. Despite this, as demonstrated in this, and previous investigations, the absence of such a device has prevented the identification of possible safety issues that could affect current and future operations. Therefore, the ATSB believes that the use of onboard recording devices would be an important safety enhancement to passenger-carrying operations.
The ATSB is issuing the following recommendation:
The International Civil Aviation Organization’s (ICAO) Flight Recorder Working Group, in its meeting of September 2023, advised that mandating the retrofit of recorders on aircraft with a maximum take-off weight less than 5,700 kg was not achievable. However, the group will continue its consideration of airborne image recorders for these small aircraft. On this basis, the Civil Aviation Safety Authority will monitor any research and standards development that arises from ICAO Flight Recorder Working Group meeting 15 and any action items delivered post-December 2025. In acknowledgement of the ongoing work but noting that no safety actions have yet been taken to reduce the risk associated with this safety issue, it has been closed, not addressed.
The Australian Transport Safety Bureau recommends that the Civil Aviation Safety Authority consider mandating the fitment of onboard recording devices for passenger-carrying aircraft with a maximum take-off weight less than 5,700 kg.
CASA response to the safety recommendations AO-2017-118-SR-049 and AO-2017-118-SR-050 are linked to the Safety Recommendation the ATSB have published for ICAO and thus the wording for each CASA response is the same:
CASA will continue to monitor ICAO research and standards development in relation to in flight recording devices and CO detectors. CASA will consider actions as necessary in response to any ICAO recommendations that include performance standards and airworthiness aspects that will enhance aviation safety.
ATSB agrees that safety recommendations AO-2017-118-SR-049 and action by CASA is linked to safety recommendation AO-2017-118-SR-048 made to the International Civil Aviation Organization (ICAO).
ATSB received advice from ICAO that the recommendation for fitment of lightweight and airborne image recorders in aircraft less than 5,700 kg used in passenger carrying operations will be referred to the ICAO Flight Recorder Specific Working Group (FLIRECSWG) for further study and consideration.
ATSB notes that the next FLIRECSWG meeting is proposed for June 2022 and will monitor any guidance arising from this.
FLIRECSWG/14 meeting to be held Sep 2023.
On 19 September 2024, following provision of the ICAO Flight Recorder Specific Working Group (FLIRECSWG/14) meeting minutes, CASA advised that:
CASA reaffirms its previous response that CASA will continue to monitor ICAO research and standards development in relation to in-flight recording devices. CASA will consider actions as necessary in response to any ICAO recommendations that include performance standards and airworthiness aspects that will enhance aviation safety. Given that response from the ICAO FLIRECSWG/14, CASA would welcome closure of the safety recommendation. As stated, CASA will monitor any research and standards development that arises from ICAO FLIRECSWG/15 and any action items delivered post December 2025.
The ATSB agrees that safety recommendations AO-2017-118-SR-049 and action by CASA is linked to safety recommendation AO-2017-118-SR-048 made to the International Civil Aviation Organization. The ATSB advised CASA of the ICAO FLIRECSWG/14 meeting report with the response to the linked recommendation AO-2017-118-SR-048. The ATSB presented a paper to the ICAO Flight Recorder Specific Working Group Meeting 14 supporting the fitment of lightweight recorders to aircraft under 5,700 kg engaged in commercial operations based on the AO-2017-118 accident investigation. The group considered retrofitting of these recorders on aircraft <5,700 kg would not be achievable but agreed to keep dialog open for the fitment of airborne image recorders (AIR) for small aircraft engaged in commercial operations with single pilot crew.
