16 tal-2013

L.N. 16 of 2013

CIVIL AVIATION ACT

(CAP. 232)

Civil Aviation (Investigation of Air Accidents and Incidents)

Regulations, 2013

The title of these regulations is the Civil Aviation Citation.

(Investigation of Air Accidents and Incidents) Regulations, 2013.

In these regulations, unless the context otherwise requires

Interpretation.

"accident" means an occurrence associated with the operation of

an aircraft which, in the case of a manned aircraft, takes place between the

time any person boards the aircraft with the intention of flight until such

time as all such persons have disembarked, or in the case of an unmanned

aircraft, takes place between the time the aircraft is ready to move with the

purpose of flight until such time it comes to rest at the end of the flight and

the primary propulsion system is shut down, in which

(a)

a person is fatally or seriously injured as a result of

(i)

being in the aircraft, or

(ii) direct contact with any part of the aircraft,

including parts which have become detached from the

aircraft, or

(iii) direct exposure to jet blast,

except when the injuries are from natural causes, self-inflicted or

inflicted by other persons, or when the injuries are to stowaways hiding

outside the areas normally available to the passengers and crew; or

(b)

the aircraft sustains damage or structural failure

which

(i) adversely affects the structural strength,

performance or flight characteristics of the aircraft, and

(ii) would normally require major repair or

replacement of the affected component, except for -

-

engine failure or damage, when the

damage is limited to a single engine, its cowlings or

accessories,

-

damage limited to propellers, wing tips,

antennas, probes, vanes, tyres, brakes, wheels,

fairings, panels, landing gear doors,

-

damage to windscreens,

-

small dents or puncture holes in the

aircraft skin,

-

minor damages to main rotor blades, tail

rotor blades, landing gear, and

-

minor damages resulting from hail or

bird strike, including holes in the radome; or

(c)

the aircraft is missing or is completely inaccessible;

"accredited representative" means a person designated by a

State, on the basis of his or her qualifications, for the purpose of

participating in a safety investigation conducted by another State and

who shall be from a safety investigation authority;

"the Act" means the Civil Aviation Act;

"adviser" means a person appointed by a State, on the basis of

his or her qualifications, for the purpose of assisting its accredited

representative in a safety investigation;

"aerodrome" has the same meaning as assigned to it in the Air

Navigation Order;

"aircraft" means any machine that can derive support in the

atmosphere from the reactions of the air, other than the reactions of the air

against the earth’s surface, bearing civil registration except where in other

cases the Chief Inspector of the Bureau determines that an investigation is

appropriate under regulations 5(4) and 10(2);

"the Annex" means Annex 13 to the Chicago Convention, as

amended from time to time;

"the Bureau" means the Bureau of Air Accident Investigation

established under regulation 5;

"cause" means any action, omission, event, condition, or a

combination thereof, which led to the accident or incident, but its

identification does not imply the assignment of fault or the

determination of administrative, civil or criminal liability;

"Chicago Convention" means the Convention on International

Civil Aviation, done at Chicago on the 7th December, 1944;

"Chief Inspector" means the Chief Inspector of aircraft

accidents appointed under regulation 6;

"Civil Aviation Directorate" means the Civil Aviation

Directorate within the Authority for Transport in Malta established

under the Authority for Transport in Malta Act;

"contributing factors" means actions, omissions, events,

conditions, or a combination thereof, which, if eliminated or avoided,

would have reduced the probability of the accident or incident

occurring, or mitigated the severity of the consequences of the

accident or incident. The identification of contributing factors does

not imply the assignment of fault or the determination of

administrative, civil or criminal liability;

"EASA" means the European Aviation Safety Agency;

"the European Commission" means the Commission of the

European Union;

"Contracting State" means any State which is a party to the

Chicago Convention;

"Directive 2003/42/EC" means Directive 2003/42/EC of the

European Parliament and of the Council on occurrence reporting in

civil aviation, as amended by Regulation (EC) No. 596/2009 of the

European Parliament and of the Council;

"European Economic Area" has the meaning assigned to it in the

European Economic Area Agreement between the European

Community and the European Free Trade Area signed in Oporto, on

the 2nd May, 1992;

"fatal injury" means an injury sustained by a person in an

accident and which results in his or her death within thirty days of the

date of the accident;

"flight recorder" means any type of recorder installed in the

aircraft for the purpose of facilitating accident and, or incident

investigations;

"final report" means a report made pursuant to regulation 17,

made in the format set out in the Appendix to the Annex and which

may be adapted to the circumstances of the accident or incident under

investigation;

"incident" means an occurrence, other than an accident,

associated with the operation of an aircraft which affects or could

affect the safety of operation;

"inspector" means a qualified person in the employ of the

Bureau on an ad-hoc or part-time or full-time basis;

"international standards and recommended practices" means

international standards and recommended practices for aircraft

accident and incident investigation adopted in accordance with

Article 37 of the Chicago Convention;

"investigation" means a process conducted for the purpose of

accident and incident prevention which includes the gathering and

analysis of information, the drawing of conclusions, including the

determination of cause or causes and, or contributing factors and,

when appropriate, the making of safety recommendations;

"investigator-in-charge" means an inspector who, on the basis of

his or her qualifications, is nominated as such under regulation 6 and

charged with the responsibility for the organisation, conduct and

control of a safety investigation;

"Member State" means a Member State of the European Union

or of the European Economic Area;

"the Minister" means the Minister responsible for matters

relating to civil aviation;

"operator" means any natural or legal person, operating or

proposing to operate one or more aircraft;

"owner", in relation to an aircraft which is registered, means the

registered owner of the aircraft;

"pilot in command" means a person who for the time being is in

charge of the piloting of the aircraft without being under the direction

of any other pilot in the aircraft;

"preliminary report" means the communication used for the

prompt dissemination of data obtained during the early stages of the

investigation;

"Regulation (EU) No. 996/2010" means Regulation (EU) No.

996/2010 of the European Parliament and of the Council on the

investigation and prevention of accidents and incidents in civil

aviation as may be amended from time to time;

"relatives" means the immediate family and, or next of kin and,

or other person closely connected with the victim of an accident, as

defined under the national law of the victim;

"safety recommendation" means a proposal of a safety

investigation authority, based on information derived from a safety

investigation or other sources such as safety studies, made with the

intention of preventing accidents and incidents;

"serious incident" means an incident involving circumstances

indicating that there was a high probability of an accident associated

with the operation of an aircraft, which -

(a)

in the case of a manned aircraft, takes place between

the time any person boards the aircraft with the intention of

flight until such time as all such persons have disembarked, or

(b) in the case of an unmanned aircraft, takes place

between the time the aircraft is ready to move with the purpose

of flight until such time it comes to rest at the end of the flight

and the primary propulsion system is shut down. Examples of

serious incidents are specified in the Annex of Regulation (EU)

No. 996/2010;

"serious injury" means an injury which is sustained by a person

in an accident that -

(a)

requires hospitalisation for more than forty-eight

hours, commencing within seven days from the date the injury

was received; or

(b) results in a fracture of any bone (except simple

fractures of fingers, toes, or nose); or

(c)

involves

lacerations

which

cause

severe

haemorrhage, nerve, muscle or tendon damage; or

(d)

involves injury to any internal organ; or

(e)

involves second or third degree burns, or any burns

affecting more than 5 per cent of the body surface; or

(f)

involves verified exposure to infectious substances

or harmful radiation;

"State of design" means the State having jurisdiction over the

organisation responsible for the type design;

"State of manufacture" means the State having jurisdiction over

the organisation responsible for the final assembly of the aircraft;

"State of occurrence" means the State in the territory of which

an accident or incident occurs;

"State of the operator" means the State in which the operator’s

principal place of business is located or, if there is no such place of

business, the operator’s permanent residence;

"State of registry" means the State on whose register the aircraft

is entered;

"undertaking" means any natural person, any legal person,

whether profit-making or not, or any official body whether having its

own legal personality or not.

(1) The scope of these regulations is the implementation

of Regulation (EU) No. 996/2010 and of Annex 13 of the Chicago

Convention.

(2) These regulations shall apply to any accident or serious

incident arising out of, or in the course of air navigation which occurs

to any aircraft -

(a)

in or over Malta, or

(b) elsewhere to an aircraft registered in Malta or an

aircraft operated by an operator established in Malta but the

aircraft is not registered in Malta, when such investigations are

not carried out by another State.

(3) These regulations do not apply to those aircraft specified in

paragraphs (i) and (j) of Annex II of Regulation (EC) No 216/2008 of

the European Parliament and of the Council on common rules in the

field of civil aviation and establishing a European Aviation Safety

Agency.

PART II

INVESTIGATIONS

(1) The sole objective of the investigation of an accident

or an incident under these regulations shall be the prevention of future

accidents and incidents.

(2) Subject to sub-regulation (1), the purpose of such an

investigation shall not be to apportion blame or liability.

(3) An investigation shall include -

(a)

the gathering, recording and analysis of all available

information and evidence on the accident or incident;

(b) if

appropriate,

the

issuance

of

safety

recommendations;

(c)

if possible, the determination of the causes; and

(d) in the case of an accident or serious incident, the

completion of the final report.

(1) There shall be established, under the Ministry Establishment

responsible for civil aviation, a body, to be known as the Bureau of of

Accident

Air Accident Investigation, to carry out safety investigations in Investigation.

accordance with these regulations.

(2) The Bureau shall be functionally independent of any

authority in Malta responsible, in particular, for airworthiness,

certification, flight operation, maintenance, licensing, air traffic

control or aerodrome operation, the judicial authorities and, in

general, of any other party or entity whose interests or missions could

conflict with the functions of the Bureau or influence its objectivity.

(3) In the conduct of any safety investigation, the Bureau shall

neither seek nor take instructions from anybody and shall have

unrestricted authority over the conduct of the investigations.

(4) The functions of the Bureau shall include the gathering and

analysis of aviation safety related information and data, in particular

for accident prevention purposes, in so far as those functions do not

affect its independence and entail no responsibility in regulatory,

administrative or standards matters.

(5) The Bureau shall be given the means, resources and

adequate facilities required for it to carry out its responsibilities

independently, including hangarage facilities for the storage and

examination of an aircraft, its contents and its wreckage.

(6) The Minister shall ensure, in particular, that

(a)

the Bureau includes at least -

(i) one chief inspector capable of performing his

functions in accordance with these regulations, and

(ii) one inspector capable of performing the

function of investigator-in-charge in the event of a major

air accident;

(b) the inspectors within the Bureau be afforded such

status as is necessary to guarantee the independence of the

Bureau in the performance of its functions.

(7) The Bureau may, at any time, request the assistance from

investigation authorities of other States or give assistance, if

requested, to other investigation authorities in other States. Where

such assistance is given to Member States it shall, as far as possible,

be free of charge.

(8) The Bureau shall have in place an operations manual of

aircraft accident and incident investigation containing all information

and instructions necessary to enable the investigators to perform their

duties.

(1) For the purpose of these regulations, the Minister

shall appoint a Chief Inspector, on the basis of adequate qualification,

who shall be responsible directly to the Minister for the

administrative function of the Bureau. The Minister shall, on the

advice of the Chief Inspector, appoint Inspectors of Air Accidents in

conformity with the criteria established in the operations manual of

the Bureau.

(2) The Minister shall furnish an inspector with a warrant of

the inspector’s appointment and, when performing a function of an

inspector he shall, if so required by any person affected, produce the

warrant to that person.

(3) The remuneration of the Chief Inspector and inspectors as

well as to any other person appointed under sub-regulation (7) to

assist in an investigation, shall be determined by the Minister with the

consent of the Minister responsible for finance.

(4) The Chief Inspector may delegate any of his powers and

obligations under these regulations to an inspector designated by him

to be his deputy.

(5) The Chief Inspector may appoint himself as investigator-

in-charge for any particular investigation, provided no conflict of

interest exists.

(6) Where sub-regulation (5) does not apply, the Chief

Inspector shall appoint a qualified inspector in accordance with the

criteria established in the Bureau’s operations manual, to be the

investigator-in-charge for an investigation.

(7) The Chief Inspector may appoint one or more qualified

persons to assist the investigator-in-charge during an investigation

and such person or persons shall have, for the purpose of so acting,

such functions of an inspector under these regulations as may be

specified in the Bureau’s operations manual at the time of his

appointment.

(8) An investigator-in-charge shall be independent of any

parties involved in an accident or incident, the authorities referred to

in regulation 5(2) and any other undertaking whose interests could

conflict with the task entrusted to the said investigator.

(1) Where an investigation into an accident or a serious Appointment of

incident is being carried out by an investigator-in-charge under these accredited

representatives

by other States.

regulations, any other State being -

(a)

the State of registry;

(b)

the State of design;

(c)

the State of manufacture;

(d)

the State of the operator; or

(e)

a State which, on request, provides information,

facilities or experts in an investigation,

shall be entitled to appoint an accredited representative to participate

in all aspects of the investigation.

(2) The accredited representative shall be permitted to -

(a)

visit the scene of the accident;

(b)

examine the wreckage;

(c)

question witnesses;

(d) receive copies of all pertinent documents (saving all

such just exceptions as may be determined by the investigator);

(e)

have full access to all relevant evidence as soon as

possible;

(f)

make submissions;

(g)

participate in readouts of recorded media; and

(h)

participate in any off-scene investigative activities.

(3) An accredited representative appointed under this

regulation may be accompanied by such technical and other advisers

as may be considered necessary by the authorities of the State by

which he is appointed. The degree of participation of such advisors in

the investigation shall be decided by the investigator-in-charge in

consultation with the accredited representative.

(4) A Contracting State which has a special interest in an

accident by virtue of fatalities or serious injuries to its citizens may,

upon request to the investigator-in-charge, appoint an expert to

participate in the investigation.

(5) An expert appointed under sub-regulation (4) shall be

entitled to -

(a)

visit the scene of the accident;

(b)

have access to the relevant factual information;

(c)

participate in the identification of victims;

(d) assist in questioning surviving passengers who are

citizens of the expert’s State; and

(e)

receive a copy of the final report.

(6) The accredited representative, his adviser and the expert

appointed under sub-regulation (4) shall -

(a)

provide the investigator-in-charge with all relevant

information available to them; and

(b) not disclose any information on the progress and

findings of the investigation without the express consent in

writing of the investigator-in-charge.

A representative of a State or an air accident investigation

body from a State other than the States specified in regulation 7(1)

may, upon a request made and with written permission of the Chief

Inspector in consultation with the investigator-in-charge, participate

in an investigation as an observer.

(1) The Chief Inspector may appoint an accredited Appointment of

representative to participate in the investigation into an accident or accredited

representative,

incident which occurs in another State and one or more advisers to adviser

expert by the

assist the accredited representative where Malta

Chief Inspector.

(a) is the State of registry, State of the operator, State of

manufacture or State of design of the aircraft involved in the

accident or incident; or

(b) has, at the request of the State conducting the

investigation, provided information, facilities or experts to that

State in connection with the investigation.

(2) The Chief Inspector may appoint an expert to participate in

the investigation into an accident which occurs in another State where

Malta has a special interest in the accident by virtue of fatalities or

injuries to citizens of Malta.

(3) The accredited representative and, to the extent specified

by the Chief Inspector, an adviser appointed by him under sub-

regulation (1) may, for the purposes of the investigation in which they

are participating, under the control of the investigator-in-charge,

exercise all or any of the rights and powers of the investigator-in-

charge specified in regulation 14(1) and (3) in respect of any aircraft,

records, information, documents, objects, witnesses or other evidence

in Malta or held by any person in Malta which or whom the

accredited representative or adviser considers to be relevant or

necessary to the investigation.

(1) Subject to sub-regulation (4), the Chief Inspector Obligation to

shall cause an investigation to be carried out into an accident in the investigate.

following circumstances

(a)

where the accident occurs in or over Malta;

(b) where the accident occurs in any non-contracting

State which does not intend to carry out an investigation of the

accident and involves an aircraft registered in Malta or an

aircraft operated by an operator established in Malta;

(c)

where the accident involves an aircraft registered in

Malta or an aircraft operated by an operator established in Malta

and the investigation has been delegated to Malta by another

Contracting State by mutual arrangement and consent; and

(d) where the accident involved an aircraft registered in

Malta and the location of the accident or serious incident cannot

be definitely established as being in the territory of any State.

(2) In the event of an accident or incident involving a civilian

aircraft and a military or State aircraft, the investigation shall be

conducted in accordance with the provisions of these regulations,

with the military or the State being a party to investigation.

(3) The Chief Inspector may, when he expects to draw air

safety lessons from it, cause an investigation to be carried out into an

incident which occurs -

(a)

in or over Malta; or

(b) otherwise than in or over Malta to an aircraft

registered in Malta.

(4) The Chief Inspector may, with the approval of the

Minister, delegate the task of carrying out an investigation into an

accident or a serious incident or part thereof to another Contracting

State or accident investigation body by mutual arrangement and

consent.

(5) Where the Chief Inspector delegates the task of carrying

out an investigation as aforesaid, he shall -

(a)

facilitate the investigation carried out by the

investigator-in-charge appointed by the Contracting State

conducting the investigation; and

(b) retain responsibility for the conduct of the

investigation where the accident or incident has occurred in or

over Malta.

(6) The Chief Inspector may carry out, or cause an inspector to

carry out, an investigation into an accident or incident where the task

of carrying out the investigation had been delegated to Malta by

another Contracting State in accordance with paragraphs 5.1, 5.1.1 or

5.3 of the Annex.

(1)

When an accident or a serious incident occurs -

(a)

in or over Malta; or

(b) outside Malta which involves an aircraft registered

in Malta or an aircraft operated by an operator established in

Malta,

the pilot in command, or if he is incapacitated, the operator of the

aircraft and, in the case of an accident or serious incident occurring

on or adjacent to an aerodrome, the aerodrome operator, shall,

without delay -

(i) send notice thereof to the Chief Inspector of

the Bureau by the quickest means of communication

available;

(ii) in the case of an accident occurring in Malta,

notify also the police of the accident and of the place

where the accident has occurred; and

(iii) file a mandatory occurrence report with the

Civil Aviation Directorate.

(2) The notice referred to in sub-regulation (1) shall contain as

much of the following information as is available

(a)

in the case of an accident, the identifying

abbreviation "ACCID" or, in the case of a serious incident, the

identifying abbreviation "INCID";

(b) the type, model and nationality and registration

marks of the aircraft;

(c)

the name of the owner, operator and hirer (if any) of

the aircraft;

(d)

the name of the pilot in command of the aircraft;

(e)

the date and local time or Coordinated Universal

Time (UTC) of the accident or serious incident;

(f)

the last point of departure and next point of intended

landing of the aircraft;

(g) the position of the aircraft with reference to some

easily defined geographical point and the latitude and longitude;

(h) the number of crew members and passengers on

board the aircraft at the time of the accident or incident;

(i)

the number of crew members and passengers killed

or seriously injured as a result of the accident;

(j)

the number of other persons killed or seriously

injured elsewhere than on the aircraft as a result of the accident;

(k) the nature of the accident or serious incident and the

extent of the damage to the aircraft, as far as it is known;

(l)

the physical characteristics of the area of the

accident or serious incident, including an indication of access

difficulties or special requirements to reach the site;

(m) the presence and description of dangerous goods on

board the aircraft, if any; and

(n)

the identification of the person sending the notice.

(3) If all of the details required by sub-regulation (2) are not

available at the time of the accident or serious incident, the notice

shall contain such of the details that are available and a further notice

containing the remaining details shall be furnished as soon as possible

thereafter.

(4) Where an accident, other than a serious incident, occurs -

(a)

in or over Malta; or

(b) outside Malta which involved an aircraft registered

in Malta or an aircraft operated by an operator established in

Malta,

the relevant person or hirer of the aircraft shall, if so required by

notice in writing from the investigator-in-charge, send to the

investigator-in-charge such information as is in his possession or

control in respect of the accident in such time and in such form as the

investigator-in-charge may require.

(5) In this regulation, "relevant person" means -

(a)

the pilot in command, operator, or the owner of the

aircraft at the time of the accident or serious incident; and

(b) where the accident or incident occurs on or adjacent

to an aerodrome in Malta, the owner or operator of the

aerodrome.

(6) Any other person shall report to the Bureau and the Civil

Aviation Directorate any occurrence that has come to his notice.

(1) Upon receipt of a notification in terms of the

provisions of regulation 11, the Chief Inspector shall, without delay,

send a notification of the accident or serious incident, comprising the

information detailed in regulation 11(2) to -

(a)

the Air Safety Unit of the European Commission;

(b)

the EASA;

(c)

the

International

Civil

Aviation

Organisation

(ICAO);

(d) the State of registry, where the aircraft is not

registered in Malta;

(e)

the State of the operator, where the operator is not

licensed in Malta;

(f)

the State of design, where the aircraft is not

designed in Malta;

(g) the State of manufacture or final assembly, where

the aircraft is not manufactured or assembled in Malta.

(2) The said notification shall be sent in accordance with

international standards and practices.

(3) The Chief Inspector shall immediately initiate a formal

investigation into the accident or serious incident, as the case may be.

(4) Upon receipt of a notification of an accident or a serious

incident which occurs outside Malta involving an aircraft registered

in Malta or an aircraft operated by an operator established in Malta,

the Chief Inspector shall

(a)

acknowledge receipt of the notification;

(b) where the State of occurrence, the State of registry

or the State of the operator which is investigating the accident or

incident is a Contracting State, provide that State with the

following information with the least possible delay

(i) any relevant information regarding the

aircraft and flight crew involved in the accident or serious

incident;

(ii) if Malta is the State of the Operator, details of

any dangerous goods on board the aircraft;

(iii) if Malta is the State of the operator, within

two hours of the notification of the occurrence of an

accident, a validated list, based on the best possible

information, of all the persons on board;

(c)

inform the State referred to in paragraph (b) -

(i) whether the Chief Inspector intends to

appoint or has appointed an accredited representative; and

(ii) if such accredited representative has been

appointed and may be travelling to the State in which the

investigation is being carried out, the contact details and

the expected date of arrival of the accredited representative

in such State.

(1) The investigator-in-charge shall designate parties to

participate in the investigation.

(2) The parties shall be limited to those persons, government

agencies, companies, and associations whose employees, functions,

activities, or products were involved in the accident or incident and

who can provide suitable qualified technical personnel to actively

assist in the investigation.

(3) The participants shall be under the direction of the

investigator-in-charge through their respective party representatives

and party coordinators and a party may lose party status if they do not

comply with their assigned duties and activity proscription or

instructions or if they conduct themselves in a manner prejudicial to

the investigation.

(1) For the purposes of the investigation of an accident

or serious incident to which these regulations apply, an investigating

inspector shall -

(a)

have immediate unrestricted and unhampered access

to the site of the accident or incident and to any other place or

building on or in which there is or there may be found any

object that, in his opinion, should be examined;

(b) have unhampered access to the aircraft, its contents

or its wreckage and unrestricted control over it;

(c)

have powers to secure and preserve the scene of the

accident and to ensure an immediate listing of evidence and

controlled removal of debris, or components for examination or

analysis purposes;

(d) have immediate and unrestricted access to and

control over the flight recorders, their contents and any other

relevant recordings;

(e)

have full access to the evidence as may be required,

even when such evidence is held under the possession of the

Courts of Malta or the Police, in which case the enquiring

magistrate or the Police Commissioner, as the case may be, shall

allow such inspector to access all evidence within the

possession of the Courts or the Police;

(f)

request, and contribute to, a complete autopsy

examination of the bodies of victims or tests made on samples

taken from the bodies of the victims and have access to and be

provided with the results of such examinations or tests;

(g) request the medical examination of the persons

involved in the operation of the aircraft or request tests to be

carried out on samples taken from such persons and to have

immediate access to and be provided with the results of such

examinations or tests;

(h) have the power to call and examine witnesses and to

require them to furnish or produce information or evidence

relevant to the investigation; and

(i)

have free access to any relevant information or

records held by the owner, the certificate holder of the type

design, the responsible maintenance organisation, the training

organisation, the operator or the manufacturer of the aircraft, the

hirer, the authorities responsible for civil aviation, EASA and

air navigation service providers or airdrome operators.

(2) The investigating inspector may direct that access be

forbidden or restricted, or attach conditions to such access, to any

person at, or in the vicinity of an aircraft, including any wreckage or

part, or other object, or any site that he considers, on reasonable

grounds, might be relevant to the investigation of the accident or

serious incident, for such period as the investigating inspector

considers necessary, to enable a proper investigation to be carried out.

(3) For the purpose of sub-regulation (1), an investigating

inspector shall have the power -

(a)

to require the attendance of such persons as he

thinks fit, examine them and require them to answer any

question or to furnish any information or to produce any books,

papers, documents and articles which the investigation inspector

may consider relevant and to retain any such books, papers,

documents and articles until the completion of the

investigations;

(b)

to take statements from all such persons as he thinks

fit and to require such person to make and sign a declaration of

the truth of the statement made by him;

(c)

on production if required of his credentials, to enter

and inspect any place, building or aircraft the entry or

inspection whereof appears to the investigating inspector to be

requisite for the purposes of the investigation;

(d) on production if required of his credentials, to

remove, test, takes measures for the preservation of or otherwise

deal with any aircraft other than an aircraft involved in the

accident or incident where it appears to the investigating

inspector requisite for the purposes of the investigation;

(e)

direct a pathologist or other qualified person to

conduct any autopsy examination of the bodies of fatally injured

persons or an examination by way of analysis, test or otherwise

of parts or contents of the body or of any other relevant

substance or object of, or relating to, any fatally injured person

and to provide a report on the results of any such examination,

analysis or test; and

(f)

to take such measures for the preservation of

evidence as he considers appropriate.

(4) Every person summoned by an investigating inspector

under sub-regulation (3)(a) shall be allowed such expenses as the

Minister may determine.

(1) The extent of investigations and the procedure to be

followed in carrying out investigations required or authorised under

these regulations shall be determined by the Chief Inspector taking

into account -

(a)

the objective described in regulation 4(1) and (2);

(b) the lessons he expects to draw from the accident or

incident for the improvement of safety; and

(c)

the complexity of the investigation.

(2) Notice that an investigation is taking place may be given in

such manner as the Chief Inspector thinks fit and shall invite -

(a)

any witness to the accident or incident to come

forward, and

(b)

any person who desires to make representations

concerning the circumstances of the accident or incident to do

so in writing within the time specified in the notice.

(3) The investigation shall be initiated immediately and held

in private.

(4) An investigation shall include -

(a)

the gathering, recording and analysis of all relevant

information on the accident or incident,

(b) where appropriate,

the

issuance

of

safety

recommendations,

(c)

if possible, the determination of cause, and

(d)

where appropriate, the final report.

(5) At any stage of the investigation the Chief Inspector shall

recommend to the appropriate authorities, including those in other

States, any preventive action which needs to be taken promptly to

prevent similar accidents or incidents.

(6) Subject to the provisions of regulations 17(4) and 22, the

Chief Inspector may at any time publish, or cause to be published,

information relating to the accident or incident, whether or not it is

the subject of an investigation by an inspector.

(7) If, in the course of an investigation, it becomes known or is

suspected that an act of unlawful interference or criminal act was

involved in the accident or incident, the Chief Inspector shall, after

consultation with the Minister, immediately initiate action to ensure

that the Maltese judicial authorities and the aviation security

authorities or the police of the States concerned are informed.

(1) When a judicial investigation is also instituted, the Coordination of

Chief Inspector shall be notified thereof and he shall ensure investigation

and removal of

traceability and retain custody of flight recorders and any physical aircraft

wreckage.

evidence.

(2) Where the Court seizes any evidence, the Chief Inspector

shall have immediate and unlimited access to such evidence and to its

use. The term "use" shall also be understood to imply any form of

destructive testing as may be necessary, in which case coordination

shall be made with the judicial authorities to approve such tests.

(3) Pending the arrival of the investigator-in-charge on the site

of an accident or serious incident, no person shall -

(a)

modify the state of the site of the accident or

incident;

(b)

take any samples therefrom;

(c)

undertake any movement of the aircraft, its contents

or its wreckage or sampling therefrom or move or remove it,

except where such action may be required for safety reasons or

to bring assistance to injured persons, or under the express

permission of the Chief Inspector.

(4) (a)

Notwithstanding sub-regulation (3), the aircraft may

be removed or interfered with so far as may be necessary for the

purpose of -

(i) extricating persons or animals or the removal

of dangerous goods carried by the aircraft;

(ii) removing, with the approval

of

the

investigator-in-charge, any mail or valuables;

(iii) preventing destruction by fire or other cause;

(iv) preventing any danger or obstruction to the

public, air navigation or other transport insofar as the

removal is not for gain or commercial purposes;

(v) removing any other property from the aircraft

with the authority of the investigator-in-charge and under

the supervision of a police inspector and, or of a customs

official.

(b) If an aircraft is wrecked on water, the aircraft or any

of its contents or wreckage may be removed to such extent as may be

necessary for bringing it or them to a place of safety.

(5) Where the Chief Inspector or the investigator-in-charge

has authorised any person to remove any goods or passenger baggage

from the aircraft or to release any goods or passenger baggage from

the custody of the Chief Inspector or the investigator-in-charge,

may -

(a)

remove the goods or passenger baggage from the

aircraft subject to the supervision of a police officer; and

(b) release the goods or passenger baggage from the

custody of the Chief Inspector or the investigator-in-charge

subject to clearance by or with the consent of an officer of

customs, if the aircraft has come from a place outside Malta.

(6) Where the Chief Inspector or the investigator-in-charge is

of the opinion that the aircraft involved in the accident or serious

incident is likely to endanger or obstruct the public, air navigation or

other transport, he may order the owner, operator or hirer of such

aircraft to remove it to such place as the Chief Inspector or the

investigator-in-charge shall indicate.

(7) In the absence of the owner, operator or hirer or in the

event of non-compliance with the provisions of sub-regulation (6),

the Chief Inspector or the investigator-in-charge shall be empowered

to remove or cause the removal of the aircraft and shall not be liable

for any further damage that may occur during removal.

(8) The expenses incurred in removing such aircraft shall be

borne by the owner, operator or hirer of the aircraft and where the

aircraft is removed by the Chief Inspector or the investigator-in-

charge under sub-regulation (7), such expenses shall be recoverable

from the owner, operator or hirer or all of them.

(9) Any police officer shall be responsible for the maintenance

of law and order and preservation of the site of accident pending the

arrival of the investigator-in-charge.

(10) Subject to sub-regulation (9) and in the absence of a police

officer at the site, the responsibility for securing the site shall rest

with -

(a)

the airdrome operator and the Emergency Response

and Fire Fighting unit if within the precincts of the airdrome,

and

(b) the Civil Protection Department if beyond the

jurisdiction of the airdrome operator.

(11) The Bureau, on the one hand, and other authorities likely

to be involved in the activities related to the safety investigation, such

as the judicial, civil aviation, search and rescue authorities on the

other hand shall have in place, protocols ensuring cooperation

between them through such advance arrangements.

(1) Where an investigation is carried out under these Investigation

reports.

regulations into an accident or serious incident involving -

(a)

an aircraft of a maximum certificated take-off mass

of more than 2,250 kg; or

(b) an aircraft of a maximum certificated take-off mass

of 2,250 kg or less and when airworthiness or matters

considered to be of interest to other Contracting States are

involved,

the investigator-in-charge shall, unless an Accident Data Report has

been sent within thirty days of the accident, send a Preliminary

Report as laid down in the Annex within that period to -

(i) the competent authorities of the States

referred to in regulation 12(1)(d), (e), (f) and (g) and to

ICAO in respect of an aircraft under paragraph (a); and

(ii) the competent authorities of the States

referred to in regulation 12(1)(d), (e), (f) and (g) in respect

of an aircraft under paragraph (b).

(2) When matters directly affecting safety are involved, the

preliminary report shall be sent as soon as the information is available

and by the most suitable and most rapid means available.

(3) The investigator-in-charge shall, as soon as possible after

the completion of an investigation into an accident -

(a)

send a copy of the draft final report to the States

referred to in regulation 12(1)(d), (e), (f) and (g), to all States

that participated in the investigation and, through their

competent authorities, to the operator and the undertakings

responsible for the type design, certification and the final

assembly of the aircraft, and where the investigation was

initiated by another State, to that State, inviting their significant

and substantiated comments of the draft final report;

(b) if such comments are received within sixty days of

the date of the transmittal letter, amend the draft Final Report to

include the substance of the comments received, as deemed

appropriate or, if desired by the State that provided the

comments, append the comments to the Final Report;

(c)

if no comments are received within sixty days, the

final report shall be submitted to the Minister and made public

unless an extension of that period has been agreed with the State

or States concerned.

(4) The final report shall state that the sole objective of the

investigation is the prevention of future accidents and incidents and it

shall not reveal the identity of the individuals involved in the accident

or incident.

(5) The Chief Inspector shall, as soon as practicable after the

investigation, also send a copy of the final report to -

(a)

all parties specified in sub-regulation (3)(a), and

(b) any State whose citizens suffered fatal or serious

injuries in the accident, or States that provided relevant

information or significant facilities;

(c)

accredited representatives;

(d)

advisers;

(e)

the Air Safety Unit of the European Commission;

and

(f)

EASA.

(6) The Chief Inspector shall also send to ICAO -

(a)

a copy of the final report where the accident

involves an aircraft of a maximum certified take-off mass of

more than 5,700 kg; and

(b) the Accident Data Report where the accident

involves an aircraft of a maximum certified take-off mass of

more than 2,250 kg.

(7) The Chief Inspector shall, where an investigation is carried

out into a serious incident involving an aircraft of a maximum

certificated take-off mass of more than 5,700 kg, send to the ICAO

after the completion of the investigation into the incident the final

report of the incident, if the final report has been released, and the

Incident Data Report.

(1) No report which is required by regulation 20 to be Notice of report

published shall be so published if, in the Chief Inspector’s opinion, it and

representations

is likely to affect adversely the reputation of any person, until the thereof.

Chief Inspector has -

(a)

where it appears to him to be practicable so to do,

served a notice under this regulation upon that person, or if that

person is a deceased individual, upon the person who appears to

him, at the time he proposes to serve notice pursuant to this sub-

regulation, to represent best the interest of the deceased in the

matter; and

(b) made such changes to the report as he thinks fit

following his consideration of any representations which may

be made to him in accordance with sub-regulation (3) by or on

behalf of the person served with such notice.

(2) The notice referred to in sub-regulation (1)(a) shall include

particulars of any proposed analysis of facts and conclusions as to the

cause or causes of the accident or incident which may effect the

person on whom or in respect of whom the notice is served.

(3) Any representations made pursuant to sub-regulation

(1)(b) shall be in writing and shall, subject to sub-regulation (6), be

served on the Chief Inspector within twenty-eight days of service of

the notice referred to in sub-regulation (1)(a).

(4) A copy of the report submitted to the Minister under

regulation 19 shall be served by the investigating inspector on any

person who has been served with a notice pursuant to sub-regulation

(1).

(5) No person shall disclose or permit to be disclosed any

information contained in a notice or report served on him pursuant to

sub-regulations (1) or (4) to any other person without the prior

consent in writing of the Chief Inspector.

(6) The Chief Inspector shall have power to extend the period

of twenty-eight days prescribed in sub-regulation (3) and this power

shall be exercisable notwithstanding that that period has expired.

(1) The Chief Inspector shall present the final report of

the investigation of an aircraft accident or incident to the Minister

within twelve months from the date of the occurrence of the accident

or incident.

(2) Where it is not possible to present the said report as

provided in sub-regulation (1), the Chief Inspector may release

interim reports periodically but not later than each anniversary of the

occurrence detailing the progress of the investigation and any safety

issues raised.

(1) Subject to sub-regulation (2), the Chief Inspector

shall, as soon as practicable after submitting the final report to the

Minister, cause the publication of that report in such manner as he

thinks fit. Publishing the final report on the Bureau’s website shall

satisfy this requirement.

(2) The Final Report shall be sent to the relevant States

fourteen days prior to publication under sub-regulation (1).

(3) No person shall circulate, publish or give access to a draft

report or any part thereof, or any documents obtained during an

investigation of an aircraft accident or incident unless the report or

document has already been published by the Bureau.

(1) At any stage of an investigation carried out under Safety

these regulations, the Chief Inspector shall, in a dated transmittal recommen-

dations.

letter, after appropriate consultation with relevant parties -

(a)

recommend to the appropriate aviation authorities,

including those in other States, any preventive action that the

investigator-in-charge considers necessary to be taken promptly

to enhance aviation safety; and

(b) address, as soon as possible, any safety

recommendation arising out of the investigation to the accident

investigation authorities of the States concerned and to ICAO.

(2) An undertaking or authority to whom a

safety

recommendation has been addressed shall, without delay -

(a)

take that recommendation into consideration and,

where appropriate, act upon it;

(b)

send to the Chief Inspector -

(i) full details of the measures, if any, it has

taken or proposes to take to implement the

recommendation and, if such measures are to be

implemented, the schedule for the implementation; or

(ii) a full explanation as to why no measures will

be taken to implement the recommendation; and

(c)

inform the Chief Inspector of any subsequent delays

in the implementation timetable supplied under paragraph (b)(i).

(3) A recommendation for preventive action or safety

recommendation shall in no case create a presumption of liability for

an aircraft accident or incident.

(4) Where any recommendation for preventive action or safety

recommendation is forwarded to the Minister or the Chief Inspector

by another State, the Chief Inspector shall inform that State within

ninety days of the notification of the preventive action taken or under

consideration, or the reasons why no action will be taken.

PART III

MISCELLANEOUS

(1) Subject to sub-regulations (3), (5) and (6),

information collected in the course of an investigation shall not be

disclosed or made available to any other person other than in

connection with an investigation carried out under these regulations.

(2) Information referred to in sub-regulation (1) shall include

the following

(a) all statements taken from persons in the course of

the investigation;

(b) records revealing the identity of persons who have

given evidence in the context of the investigation;

(c)

information collected during the investigation which

is of a particular sensitive and personal nature, including

information concerning the health of individuals;

(d) material subsequently produced during the course of

the investigation such as notes, drafts, opinions written by the

investigators, opinions expressed in the analysis of information,

including flight recorder information;

(e)

information and evidence provided by investigators

from other States in accordance with the international standards

and recommended practices, where so requested by their

investigation authority;

(f)

draft preliminary and final reports or interim

statements;

(g) cockpit voice and image recordings and their

transcripts, as well as voice recordings inside air traffic control

units;

(h) all communications between persons having been

involved in the operation of the aircraft;

(i)

written or electronic recordings, and transcriptions

of recordings from air traffic control units, including reports and

results made for internal purposes;

(j)

covering letters for the transmission of safety

recommendations from any investigating authority to the

addressee, where so requested by the investigating authority

issuing the recommendation; and

(k) occurrence reports filed under Directive 2003/42/EC

on occurrence reporting in civil aviation, as amended

Provided that the records under paragraphs (h), (i), (j) and

(k) may be used for purposes aimed at the improvement of aviation

safety.

(3) Nothing in sub-regulation (1) shall preclude the Minister,

in consultation with the Chief Inspector, from making any record

available to any person where in a case where that person is a party to

or otherwise entitled to appear at judicial proceedings, the court has

ordered that the record shall be made available to him for the purpose

of those proceedings.

(4) Subject to sub-regulation (6), no order shall be made under

sub-regulation (3) unless the Court is satisfied that the interests of

justice in the judicial proceedings in question outweigh any adverse

domestic and international impact which disclosure might have on the

investigation into the accident or incident to which the record relates

or any future accident or incident investigating undertaken in Malta.

(5) A record or part thereof shall not be treated as having been

made available contrary to sub-regulation (1) in any case where the

record or part is included in the final report of the accident or

incident, or to the appendices to the final report.

(6) The provisions of this regulation shall be without prejudice

to any rule of law which authorises or requires the withholding of any

record or part thereof on the ground that the disclosure of it would be

injurious to the public interest, unless such record or part thereof is

deemed necessary by the Chief Inspector for inclusion in the final

report under regulation 20.

(1) The investigator-in-charge shall take all reasonable Protection of

measures to protect the evidence and to maintain safe custody of the evidence.

aircraft involved in the accident or incident and its contents for such

period as may be necessary for the purposes of an investigation.

(2) Any person who may be in possession of any item which

may constitute evidence for the purpose of an investigation under

these regulations shall hold and preserve the same and shall promptly

hand them over to the investigator-in charge.

(3) Protection of evidence shall include the preservation, by

photographic or other means, of any evidence which might otherwise

be removed, effaced, lost or destroyed.

(4) Subject to sub-regulation (1) safe custody shall include

protection against further damage, access by unauthorised persons,

pilfering and deterioration.

(1) No person shall obstruct or impede an inspector or

any person acting under the authority of the Minister in the exercise

of any powers or duties under these regulations.

(2) Subject to regulation 14(1)(h) no person shall, without

reasonable cause, fail to comply with any summons of an inspector

conducting an investigation.

(3) The onus of proving reasonable cause for failing to comply

with a summons shall lie on the person relying on such cause.

(1) The Chief Inspector may cause the investigation of

any accident or serious incident to be reopened, either generally or as

to any part of the investigation, and shall do so -

(a)

where new and significant evidence becomes

available after the investigation has been closed; or

(b) if for any other reason there is in his opinion ground

for suspecting that the reputation of any person has been

unfairly and adversely affected.

(2) Where the investigation of an accident or a serious incident

has been instituted by another State, the Minister shall obtain the

consent of that State before causing the investigation to be reopened.

(3) Any investigation reopened shall be subject to and

conducted in accordance with the provisions of these regulations.

(1) Aircraft or aircraft wreckage preserved by an

inspector for the purpose of an investigation may be disposed of to its

rightful owners, or their authorised representatives, at such time as

the inspector considers appropriate. For this purpose, the Chief

Inspector may facilitate access to the aircraft, its contents or any parts

thereof.

(2) Where the rightful owners cannot be determined, the Chief

Inspector shall release the aircraft, its contents or any parts thereof to

any person or persons duly designated by the State of registry or the

State of the operator, as applicable.

(3) The Chief Inspector shall, where he intends to release

aircraft wreckage, issue a notice to persons referred to in sub-

regulations (1) and (2), or where such persons cannot be traced, by

publishing such notice in at least three daily newspapers giving

details of the aircraft wreckage and specifying the period during

which it should be removed

Provided that the person to whom the notice has been

issued may, before the expiry of the notice and for good cause, apply

in writing to the Chief Inspector for an extension of the period within

which the wreckage may be removed.

(4) Where a person served with a notice fails to take custody

of the aircraft, parts thereof, contents or wreckage within the period

specified in the notice, the aircraft, parts thereof, contents or

wreckage may be disposed in such manner as the inspector considers

fit and the expenses incurred by the Bureau for such disposal shall be

recoverable from the owner or operator of the aircraft or both.

The Chief Inspector shall, after the completion of an Disposal of

investigation or at any time determined by the investigator-in-charge, records.

return the aircraft records or factual information concerning the

accident or incident to the persons from whom they were obtained, or

dispose of such records or information in a manner he considers fit,

unless they are still required for judicial or other proceedings.

(1) The Civil Aviation Directorate shall be responsible Assistance to

for developing a civil aviation accident emergency plan at national victims

families.

level that shall also cover assistance to the victims of civil aviation

accidents and their relatives.

(2) Every airline established in Malta shall have in place a

plan to assist victims of civil aviation accidents and their relatives

taking particular account of psychological support for victims and

their relatives.

(3) When an accident occurs in or over Malta a reference

person shall be appointed jointly by Malta, the State in which the

aircraft of which was involved in the accident is established and, or

the State which had a large number of its nationals on board the

aircraft involved in the accident as a point of contact and information

for the victims and their relatives.

(4) The Civil Aviation Directorate shall also ensure assistance

to the families of victims and survivors of an accident or incident

being investigated under these regulations by

(a)

communicating all relevant information in time;

(b)

facilitating their entry into the country; and

(c)

coordinating assistance efforts.

(1) The Bureau shall maintain a database of accidents,

serious incidents and incidents where these are investigated to be

used for exchange of information in accordance with Article 7(1) of

Directive 2003/42/EC on occurrence reporting in civil aviation. The

Bureau shall also have unrestricted access to ECCAIRS (European

Coordination Centre for Aviation Incident Reporting Systems)

database.

(2) The Bureau shall also submit all safety recommendations

originating from its investigations under regulation 21, and such

safety recommendations received from third countries in the SRIS

(Safety Recommendation Information System) central repository.

(3) The Civil Aviaton Directorate shall, in accordance with

the provisions of Directive 2003/42/EC, promote a non-punitive

environment facilitating the spontaneous reporting of occurrences and

thereby advancing the principle of ‘just culture’. Such occurrence

reports shall be uploaded in the ECCAIRS database.

(4) Names or addresses of individual persons shall not be

recorded in the database and the information recorded shall be used

solely to facilitate the effective analysis of information on actual or

potential safety deficiencies and to determine any preventive actions

required.

(1) A person who contravenes any provision of these

regulations shall be guilty of an offence and, upon conviction, shall

be liable to the penalties applicable under article 4(3) of the Act.

(2) Where it is proved that an act or omission of any person,

which would otherwise have been a contravention by that person of a

provision of these regulations was due to any cause not avoidable by

the exercise of reasonable care by that person, the act or omission

shall be deemed not to be a contravention by that person of that

provision.

(1) The Civil Aviation (Investigation of Air Accidents

and Incidents) Regulations, 2002 are hereby being revoked.

2002. (2) The revocation under sub-regulation (1) shall not effect

any investigation commenced under the Civil Aviation (Investigation

of Air Accidents and Incidents) Regulations, 2002 and any such

investigation may be continued as if it were commenced under these

regulations.

€3.06