The FAA has backed away from a controversial regulatory interpretation that would have required installation of a cockpit voice recorder (CVR) in turbine multi-engine aircraft with passenger seating for six or more and that require two pilots “by certification or operating rules…” This interpretation would have forced operators of King Airs, for example, to spend tens of thousands of dollars, perhaps even more than $100,000, per airplane.

In a letter to the NBAA, FAA assistant chief counsel for regulations Mark Bury explained that after issuing the interpretation that a CVR is required, “[the counsel] has become aware that many operators do not have SIC [second-in-command] programs authorized, and instead rely strictly on autopilot systems to operate in IFR conditions with one pilot. The underlying premise for such operations is that a CVR is not required, a circumstance that has been accepted by the FAA in many cases. However, we also learned that FAA field personnel have not been consistent in providing guidance to operators on whether a CVR was required for such operations. As a result, we understand that the [previously mentioned] interpretation potentially will have a significant operational impact on single-pilot operations using an autopilot system. In light of these circumstances, we now determine it is reasonable to read §135.105(a) as an operating rule that provides relief from the two-pilot requirement of 135.101, and find that a CVR is not required for operations under §135.105 when the required autopilot is used to comply and the certificate holder possesses the appropriate operations specifications in order to conduct single-pilot operations under §135.105.”