Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 12 : Aviation Accidents and IncidentsSubpart 3 : Investigation of Accidents or Incidents12.03.4 Instituting accident or incident investigation in territory of non-Contracting State or outside the territory of any State |
[Regulation 12.03.4 Heading substituted by regulation 3(a) of Notice No. R. 3170, GG48228, dated 17 March 2023 (Twenty-Sixth Amendment of the Civil Aviation Regulations, 2023)]
| (1) | The Executive responsible for Aircraft Accident and Incident investigation shall, after consultation with the Minister, institute and conduct an investigation in cooperation with a State of Occurrence if an accident or serious incident as described in this Part has occurred in the territory of a non-Contracting State which does not intend to conduct an investigation in accordance with this Part, and the Republic is a State of Registry, State of an Operator, State of Design, or State of Manufacture. |
| (2) | If a State of Occurrence fails to cooperate as envisaged in subregulation (1), the Executive responsible for Aircraft Accident and Incident investigation shall conduct an investigation with such information as is available. |
| (3) | The Executive responsible for Aircraft Accident and Incident investigation shall, after consultations with the Minister, institute and conduct an investigation of an accident or serious incident that occurs in a location which is not in the territory of any State if the Republic is the State of Registry. |
| (4) | If the scene of an accident in international waters is nearest to the Republic, the Executive responsible for Aircraft Accident and Incident investigation shall, after consultations with the Minister, upon request by a State of Registry, provide such assistance as the Republic is able to. |
| (5) | If a location of an accident or serious incident cannot be established as being in a territory of any State, and a State of Registry fails to institute and conduct an investigation, the Executive responsible for Aircraft Accident and incident Investigation shall recommend to the Minister to request a State of Registry to delegate such investigation to the Republic if the Republic is a State of an Operator, State of Design, or State of Manufacture. |
| (6) | If a State of Registry does not respond to a request referred to in subregulation (5) within 30 days, the Executive responsible for Aircraft Accident and Incident investigation shall, after consultation with the Minister, institute and conduct the investigation with such investigation information as is available. |
| (7) | If a State of Registry is a non-Contracting State which does not intend to investigate an accident or serious incident that occurred in a location which is not a territory of any State, and the Republic is the State of an Operator, State of Design, or State of Manufacture, the Executive responsible for Aircraft Accident and Incident investigation shall institute and conduct an investigation. |
[Regulation 12.03.4 substituted by regulation 3(c) of Notice No. R. 3170, GG48228, dated 17 March 2023 (Twenty-Sixth Amendment of the Civil Aviation Regulations, 2023)]