Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 12 : Aviation Accidents and IncidentsSubpart 3 : Investigation of Accidents or Incidents12.03.3 Retention of objects for purposes of investigation or inquiry |
| (1) | Any item or wreckage of an aircraft involved in an accident or incident, or any part or component thereof, or anything transported therein, may be retained by the investigator-in-charge until no longer required for the purpose of an investigation, including an investigation following on a reopening referred to in regulation 12.05.3, or for an inquiry by a Commission of inquiry in terms of section 69 of the Act, whereupon such wreckage, or part or component thereof, shall be discarded or destroyed, unless a person having a right to such item, or part or component thereof, has informed the Director in writing, within 60 days of the date of such accident or incident, that such item or component or part be returned to him or her after the completion of the investigation or inquiry. |
| (2) | The Executive responsible for aircraft accident and incident investigation shall release custody of the aircraft, its contents or any parts thereof as soon as they are no longer required in the investigation, to any person or persons duly designated by the State of Registry or the State of the Operator. |
| (3) | The Executive responsible for aircraft accident and incident investigation shall facilitate access by the person referred to in subregulation (2), to the aircraft, its contents or any parts thereof: Provided that, if the aircraft, its contents, or any parts thereof lie in an area which he or she finds it impracticable to access, he or she shall remove the aircraft to an accessible location. |
[Regulation 12.03.3 substituted by regulation 4(c) of Notice No. R. 432, GG 40846, dated 19 May 2017 (Sixteenth Amendment of the Civil Aviation Regulations, 2017)]