CIVIL AVIATION (INVESTIGATION OF AIR ACCIDENTS AND INCIDENTS) REGULATIONS

CIVIL AVIATION (INVESTIGATION

OF AIR ACCIDENTS AND INCIDENTS)

SUBSIDIARY LEGISLATION 499.22

CIVIL AVIATION (INVESTIGATION OF AIR ACCIDENTS

AND INCIDENTS) REGULATIONS

11th January, 2013

LEGAL NOTICE 16 of 2013, as amended by Act XXI of 2020 and by Legal Notice 326 of

2021, Act XL of 2023 and Legal Notice 228 of 2025.

The title of these regulations is the Civil Aviation

(Investigation of Air Accidents and Incidents) Regulations.

In these regulations, unless the context otherwise requires

"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 Act;

"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 Investigator 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 Executive Officer" means the Chief Executive Officer of the

Bureau appointed in accordance with regulation 6;

"Chief Investigator" means the Chief Investigator of aircraft

accidents appointed in accordance with regulation 6;

" C i v i l Av i a t i o n D i r e c t o r a t e " m e a n s t h e C i v i l Av i a t i o n

Directorate within the Authority for Transport in Malta established

under the Authority for Transport in Malta Act;

" c o nt ri bu ti ng f a c t o rs " m e a n s a c t io ns, om i s s io ns , e ven ts ,

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;

"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;

" i n c i d en t " m e a n s a n o c c u r r e n c e, o t h er t h a n an a cc i d en t ,

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;

"Regulation (EU) No. 376/2014" means Regulation (EU) No. 376/

2014 of the European Parliament and of the Council of 3 April 2014

on the reporting, analysis and follow-up of occurrences in civil

aviation, amending Regulation (EU) No. 996/2010 of the European

Parliament and of the Council and repealing Directive 2003/42/EC of

the European Parliament and of the Council and Commission

Regulations (EC) No. 1321/2007 and (EC) No. 1330/2007 as 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

indic ating that there wa s 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 I of Regulation (EU) No. 2018/1139

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

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

Air Accident Investigation, to carry out safety investigations in

a c c o r d a n c e w i t h t h e s e r e g u l a t i o n s . The legal and ju dicial

representation of the Bureau shall vest in the Chief Executive Officer.

(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 shall include at least

(i) a Chief Executive Officer;

(ii) one (1) Chief Investigator capable of performing

functions in accordance with these regulations;

and

(iii) one (1) inspector capable of performing the

functions of investigator in charge in the event of a

major 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 purposes of these regulations, the Minister shall

appoint a Chief Executive Officer from among candidates who satisfy

the qualifications in the Bureau’s operational manual to serve as

investigator. The Chief Executive Officer shall be directly responsible

to the Minister for the administrative function of the Bureau. For the

purposes of these regulations, the Minister shall also appoint a Chief

Investigator, on the basis of adequate qualification, who shall be

responsible directly to the Chief Executive Officer for the technical

aspect of the Bureau. The Chief Investigator shall appoint inspectors

of accidents in conformity with the criteria established in the

operations manual of the Bureau.

(2) The Chief Investigator 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 Executive Officer, Chief

Investigator and inspectors as well as to any other person appointed in

accordance with 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 Executive Officer may delegate any of his powers

or obligations in accordance with these regulations to any official of

the Bureau designated by him. The Chief Investigator may delegate

any of his powers or obligations in accordance with these regulations

to an inspector designated by him to be his deputy.

(5) The Chief Investigator 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

Investigator 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 Investigator 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

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

these 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

Investigator in consultation with the investigator-in-charge,

participate in an investigation as an observer.

(1) The Chief Investigator may appoint an accredited

representative to participate in the investigation into an accident or

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

assist the accredited representative where Malta

(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 Investigator 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 Investigator, 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-

c ha rg e , e xe rc is e al l o r an y o f t he r ig h ts a n d po w e r s o f t he

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 Investigator

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

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 Investigator 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 Investigator may 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 Investigator 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 Investigator 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 Investigator 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 Investigator 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 Investigator shall immediately initiate a formal

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

(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 Investigator 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 Investigator 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 Investigator

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 Investigator 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 Investigator

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

Ch ief In vestig ator m ay at any ti me pub lish , 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 Investigator 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

Chief Investigator shall be notified thereof and he shall ensure

traceability and retain custody of flight recorders and any physical

evidence.

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

shall have immediate and unlimited access to such evidence and to

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

o f d e s t r u c t i v e t e s t i n g a s m a y b e n e c e s s a r y, i n w h i c h c a s e

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 Investigator.

(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 Investigator 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

b a g g a g e f r o m t h e c u s t o d y o f t h e C h i e f I n v es t i g a t o r o r t h e

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 Investigator 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 Investigator 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 Investigator 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 Investigator 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 Investigator 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

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 Investigator 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 Investigator 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 Investigator 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

published shall be so published if, in the Chief Investigator ’s

opinion, it is likely to affect adversely the reputation of any person,

until the Chief Investigator 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 Investigator 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 Investigator.

(6) The Chief Investigator 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 Investigator 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 Investigator 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 Investigator

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 these

regulations, the Chief Investigator shall, in a dated transmittal

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 Investigator -

(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 Investigator 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

r e c o m m e n d a t i o n i s f o r w a r d e d to t h e M i n i st e r o r t h e C h i ef

Investigator by another State, the Chief Investigator 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

CIVIL AVIATION (INVESTIGATION

OF AIR ACCIDENTS AND INCIDENTS)

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 Regulation (EU) No.

376/2014 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 Investigator, 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 Investigator for inclusion

in the final report under regulation 20.

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

measures to protect the evidence and to maintain safe custody of

the 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 Investigator 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

Investigator may facilitate access to the aircraft, its contents or any

parts thereof.

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

Investigator 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 Investigator 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 Investigator 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 Investigator shall, after the completion of an

investigation or at any time determined by the investigator-in-

charge, 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 for

developing a civil aviation accident emergency plan at national

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 Regulation

(EU) No. 376/2014 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 Aviation Directorate shall, in accordance with the

provisions of Regulation (EU) No. 376/2014, promote a non-punitive

environment facilitating the spontaneous reporting of occurrences and

thereby advancing the principle of "just culture". Such occurrence

spontaneous 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.

Any investigation commenced under the Civil Aviation

(Investigation of Air Accidents and Incidents) Regulations, 2002

(revoked by these regulations) shall not be affected by such

revocation, and any such investigation may be continued as if it

were commenced under these regulations.

CIVIL AVIATION (INVESTIGATION

OF AIR ACCIDENTS AND INCIDENTS)