COCKPIT VOICE RECORDER DISABLED AGAINST COMPANY FAA POLICY.

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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.