Aviation Evidence 101 for Families: ATC Tapes, Radar, FDR/CVR, Ramp Video & Maintenance Records—What to Save Week One

Serious aviation and ramp incidents trigger two tracks at once: a federal safety investigation (NTSB/FAA) and your civil claim. You can—and should—preserve civil evidence immediately. This guide explains what to request in the first seven days, how the NTSB party process works, and why certain aviation records (like CVR audio) are treated differently.

The two-track reality: NTSB/FAA vs. your civil case

• NTSB leads safety investigations under 49 C.F.R. Part 831 (investigator-in-charge, party process, later a public docket). Civil cases run in parallel; you don’t have to wait for the final report to preserve evidence.

• FAA coordinates ATC materials and facility responses via Order JO 8020.16E (notification, preservation, reporting).

Week-One Preservation Checklist (send holds to all custodians)

1) Air traffic communications & surveillance

• ATC audio/position data for the event window (tower/approach) and any NAS surveillance (radar/multilateration). Request preservation and access under FAA’s NAS Data Release process (Order 1200.22; FAA sponsor + Form 1200-5).

• Surface movement (ASDE-X/ASSC) if deployed at the airport—shows aircraft and vehicle tracks on the surface.

2) Airport & ramp video

• Airport-owned CCTV (Operations/Police) and tenant/vendor cameras (airline, ground-handling, fueling, de-ice). Retention can be short; identify camera IDs, angles, time ranges, and request native exports. (Policies vary by owner; act immediately.)

3) Ground Support Equipment (GSE) telematics & video

• Tugs, belt-loaders, fuel/de-ice trucks often run video-telematics (speed, g-events, operator logins, breadcrumbs). Demand native video + CSV/JSON metadata and the vendor’s data dictionary (not just an MP4 clip). (Industry platforms commonly support this.)

4) Airline operations & maintenance (Part 121)

• Dispatch/ops: weight-and-balance, MEL/CDL status, flight release, crew schedules/rest compliance.

• Maintenance: records required by 14 C.F.R. § 121.380 and related Part 121 subparts (airworthiness releases, discrepancies, corrective actions).

5) Police/first responders & external feeds

• Airport police/KSP reports, 911/CAD times.

• Perimeter traffic cameras or nearby business cameras facing the airfield access points (short retention).

Recorders & “black box” basics (what you can actually get)

• CVR (cockpit voice recorder) and FDR (flight data recorder) are mandated for Part 121 transport aircraft. CVR audio is protected by federal law; NTSB typically releases transcripts (not the audio) when it issues factual materials or holds a hearing. FDR parameters are summarized and included in the docket.

NTSB “party process” (why it matters to you)

The investigator-in-charge may designate parties (e.g., the airline, manufacturer) to assist the fact-gathering; participation is governed by Part 831 and the Board’s Party Guidance. When ready, the NTSB posts a public docket (factual reports, exhibits, data). Your civil case can use those fact materials even before any final probable-cause report.

Production format & authenticity (ask for this up front)

• Native + human-readable: request raw data (CSV/JSON/XML) and readable summaries for ATC, telematics, and maintenance logs, with data dictionaries.

• Chain of custody: hashes for file bundles and a business-records certification for electronic records (FRE 902(11)/902(13)/902(14)). (Federal Rules of Evidence citations used for self-authentication.)

Putting it together: a minute-by-minute reconstruction

A strong case aligns:

1. ATC time/position (tower/approach + NAS/ASDE-X),

2. Ramp CCTV angles,

3. GSE telematics/video (speed, g-events, operator ID), and

4. Part 121 ops/maintenance entries (discrepancies, MELs, logbook sign-offs).

That mosaic proves what happened, who controlled what, and where procedures broke down.

FAQs

Do we have to wait for the NTSB to finish?

No. Preserve civil evidence now; integrate the NTSB docket when released under Part 831.

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Can we get the cockpit audio?

Not the audio. By statute, CVR audio is not released; the NTSB may publish transcripts with the factual docket or at a hearing.

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How do we ask FAA for ATC/radar data?

Use the NAS Data Release process (Order 1200.22; FAA sponsor + Form 1200-5). Also cite JO 8020.16E for preservation by facilities.

References & Further Reading

• 49 C.F.R. Part 831 — NTSB Investigation Procedures (party process; docket). eCFR

• NTSB Party Guidance (roles/limits for designated participants). ntsb.gov

• FAA Order JO 8020.16E — ATO accident/incident notification, investigation & reporting. Federal Aviation Administration

• FAA NAS Data Release FAQs & Order 1200.22 — requesting ATC/radar/surveillance data. Federal Aviation Administration

• ASDE-X/ASSC — FAA surface surveillance overview (tracks aircraft & vehicles on the airport surface). Federal Aviation Administration

• 14 C.F.R. § 121.359 (CVR) and § 121.344 (FDR) — recorder requirements for Part 121 transport aircraft. eCFR

• 14 C.F.R. § 121.380 — maintenance recording requirements. eCFR

If your family needs help in the first week, we can send targeted preservation letters, file NAS data requests, and coordinate with investigators while protecting your civil deadlines.