S.I. No. 205/1997 - Air Navigation (Notification and Investigation of Accidents and Incidents) Regulations, 1997.
S.I. No. 205 of 1997. | ||
AIR NAVIGATION (NOTIFICATION AND INVESTIGATION OF ACCIDENTS AND INCIDENTS) REGULATIONS, 1997. | ||
TABLE OF CONTENTS | ||
PART I | ||
PRELIMINARY | ||
Regulation | ||
PART II | ||
INVESTIGATIONS | ||
8. Inspectors to have unhampered access to and control of wreckage and accident site. | ||
PART III | ||
RE-EXAMINATION AND REVIEW | ||
PART IV | ||
MISCELLANEOUS | ||
31. Revocation of Air Navigation (Investigation of Accidents) Regulations, 1957. | ||
FIRST SCHEDULE | ||
List of Examples of Serious Incidents | ||
SECOND SCHEDULE | ||
Procedures of public inquiry | ||
S.I. No. 205 of 1997. | ||
AIR NAVIGATION (NOTIFICATION AND INVESTIGATION OF ACCIDENTS AND INCIDENTS) REGULATIONS, 1997. | ||
I, ALAN M. DUKES, Minister for Transport, Energy and Communications, in exercise of the powers conferred on me by sections 3 (2), 6 and 60, of the Air Navigation and Transport Act, 1936 (No. 40 of 1936), as amended, extended or adapted, the Air Navigation and Transport (Application of Regulations to State Aircraft) (Government) Order, 1997 ( S.I. No. 198 of 1997 ), sections 3 (2), 5 , 6 , 9 and 11 of the Air Navigation and Transport Act, 1946 (No. 23 of 1946), as amended, extended or adapted, the Air Navigation and Transport (Application of Regulations to State Aircraft) (Ministerial) Order, 1997 ( S.I. No. 206 of 1997 ). and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order 1991 ( S.I. No. 25 of 1991 ), and the Tourism, Transport and Communications (Alteration of Name of Department and Title of Minister) Order, 1993 ( S.I. No. 17 of 1993 ), hereby make the following Regulations: | ||
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PART I PRELIMINARY | ||
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1 Citation | 1. These Regulations may be cited as the Air Navigation (Notification and Investigation of Accidents and Incidents) Regulations, 1997. | |
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2 Commencement | 2. These Regulations shall come into operation on the 25th day of July, 1997. | |
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3 Interpretation | 3. (1) In these Regulations, unless the context otherwise requires— | |
"the AAIU" means the Air Accident Investigation Unit referred to in regulation 6; | ||
"accident" means any occurrence associated with the operation of an aircraft which takes place from the time any person boards the aircraft with the intention of flight until such time as all persons have disembarked, in which— | ||
(a) a person is fatally or seriously injured as a result of— | ||
(i) being in or on the aircraft, | ||
(ii) direct contact with any part of the aircraft, including a part which has 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, | ||
(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 the engine, its cowlings or accessories, or for damage limited to propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin, or | ||
(c) the aircraft is missing or is completely inaccessible: | ||
"accredited representative" of a state means a person designated by that state, on the basis of his or her qualifications, for the purpose of participating in an investigation or public inquiry; | ||
"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; | ||
"Annex 13" means the International Standards and Practices, Aircraft Accident and Incident Investigation Manual, Annex 13 to the Chicago Convention; | ||
"cause", in relation to an accident or incident, means any action, omission, event, or condition, or combination thereof, which led to the accident or incident; | ||
"Chief Inspector" means the person nominated under regulation 7 (1) to be the Chief Inspector of Air Accidents. | ||
"Court" or "Court of Inquiry" means a person appointed under regulation 22 (3) to hold a public inquiry; | ||
"the Directive" means Council Directive 94/56/EC1 of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents; | ||
1O.J. No. L319. 12.12.94 p.14. | ||
"fatal injury" means an injury sustained by a person in an accident and which results in his or her death within 30 days of the date of the accident; | ||
"Field Investigation" means an investigation which shall be the subject of a synoptic report; | ||
"Final Report" means the report the form of which is laid down in Annex 13; | ||
"flight recorder" means any type of recorder installed on an aircraft for the purpose of facilitating investigations into accidents or incidents; | ||
"Formal Inspector's Investigation" means an investigation which shall be the subject of a Final Report as laid down in Annex 13; | ||
"ICAO" means the International Civil Aviation Organisation; | ||
"incident" means an occurrence, other than an accident, associated with the operation of an aircraft which affects or is likely to threaten the safety of the aircraft or its operation; | ||
"inspector" means an Inspector of Air Accidents appointed under regulation 7 (1), and includes the Chief Inspector; | ||
"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, and, when appropriate, the making of safety recommendations, and also includes a re-examination under regulation 19 or 20; | ||
"investigator in charge" means an inspector who, on the basis of his or her qualifications, is nominated as such under regulation 7 (8) and charged with the responsibility for the organisation, conduct and control of an investigation; | ||
"Member State" means a Member State of the European Community; | ||
"Minister" means the Minister for Transport, Energy and Communications; | ||
"occurrence" means an accident, serious incident or incident to which these Regulations apply; | ||
"operator" means a person, body or undertaking engaged, or proposing to engage, in the operation of one or more aircraft who or which is, for the time being, responsible for the management of such aircraft; | ||
"owner", in relation to a registered aircraft, means the person who is registered as the owner in the register established under the Air Navigation and Transport Act, 1946 (No. 23 of 1946), a register established under section 60 of the Irish Aviation Authority Act, 1993 (No. 29 of 1993), or a corresponding register established in a state, other than the State; | ||
"pilot in command", in relation to an aircraft, 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; | ||
"public inquiry" means a public inquiry under regulation 22; | ||
"safety recommendation" means a proposal by the investigating body conducting a technical investigation, based on information derived from that investigation, or Review Board or public inquiry, made with the intention of preventing accidents and incidents; | ||
"serious incident" means an incident involving circumstances indicating that an accident nearly occurred ( a list of examples of serious incidents can be found in the First Schedule to these Regulations); | ||
"serious injury" means an injury sustained by a person in an accident and which— | ||
( a ) requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received, | ||
( b ) results in a fracture of any bone (except simple fractures of fingers, toes or nose), | ||
( c ) involves laceration which causes severe haemorrhage, nerve, muscle or tendon damage, | ||
( d ) involves injury to any internal organ, | ||
( 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 or injurious substances or injurious radiation; | ||
"the State" includes the territorial seas of the State; | ||
"state aircraft" means an aircraft of any country, including the State, used in military, customs or police services; | ||
"state of design" of an aircraft means the state having jurisdiction over the organisation responsible for the type design; | ||
"state of manufacture" of an aircraft means the state having jurisdiction over the organisation responsible for the final assembly of the aircraft; | ||
"state of occurrence", in relation to an accident or incident, means the state in the territory of which the accident or incident occurs; | ||
"state of the operator" of an aircraft 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", in relation to an aircraft, means the state on whose register the aircraft is entered; | ||
"substantial damage" means any damage which necessitates the replacement or extensive repair of any major component of any aircraft or property damaged; | ||
"undertaking" means any natural person, legal person (whether profit-making or not), or official body (whether having its own legal personality or not); | ||
"UTC" means Co-ordinated Universal Time as defined by ICAO. | ||
(2) A reference in these Regulations to the performance of functions includes a reference to the exercise of powers and the performance of duties. | ||
(3) In these Regulations— | ||
( a ) a reference to a regulation is a reference to a regulation of these Regulations, | ||
( b ) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and | ||
( c ) a reference to a Schedule is a reference to a Schedule to these Regulations. | ||
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4 Objective | 4. The purpose of these Regulations is to improve air safety by facilitating the expeditious holding of investigations, the sole object of which is the prevention of future accidents and incidents. | |
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5 Application | 5. (1) These Regulations shall apply to investigations into occurrences relating to aviation in the State, taking into account the international obligations of the State. | |
(2) These Regulations shall also apply outside the territory of the State to investigations into accidents and serious incidents involving aircraft registered in the State, or aircraft operated by an operator established in the State, when such investigations are not carried out by another state. | ||
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PART II INVESTIGATIONS | ||
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6 Air Accident Investigation Unit | 6. (1) The Minister shall ensure that there is in the Department of Transport, Energy and Communications a permanent civil aviation body, to be known as the air Accident Investigation Unit, to carry out the technical investigation of occurrences. | |
(2) The AAIU shall be functionally independent of the State aviation authorities responsible for the operation or regulation of airworthiness, certification, flight operations, aircraft maintenance, licensing, air traffic control or airport management, and in general shall be independent of any other person or body whose interest could conflict with the functions of the AAIU. | ||
(3) Notwithstanding paragraph (1), the functions of the AAIU may be extended to the gathering and analysis of air safety data, in particular for accident or incident prevention purposes, in so far as those functions do not affect its independence and entail no responsibility in regulatory, administrative or standards matters. | ||
(4) The Minister shall ensure that the AAIU is given the means necessary for it to perform its functions independent of the authorities referred to in paragraph (2). | ||
(5) The Minister shall ensure that— | ||
( a ) the AAIU includes at least one inspector capable of performing the function of investigator in charge in the event of an occurrence, and | ||
( b ) its members are afforded such status as is necessary to guarantee its independence in the performance of its functions. | ||
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7 Inspectors of Air Accidents | 7. (1) The Minister shall appoint such qualified persons as Inspectors of Air Accidents to the staff of the AAIU as the Minister thinks necessary for the performance of the functions of the AAIU and shall nominate one of them to be the Chief Inspector of Air Accidents. | |
(2) An appointment under paragraph (1) may be general or specially in relation to an investigation into a particular occurrence. | ||
(3) The Minister shall furnish an inspector with a warrant of the inspector's appointment and, when performing a function of an inspector under these Regulations the inspector shall, if so required by any person affected, produce the warrant to that person. | ||
(4) The remuneration of the Chief Inspector and inspectors shall be determined by the Minister with the approval of the Minister for Finance. | ||
(5) The Chief Inspector may himself or herself carry out an investigation or may cause an inspector or such other person as the Chief Inspector thinks fit to carry it out. | ||
(6) The Minister may, at the request of the Chief Inspector or otherwise, appoint one or more qualified persons to act as an assistant or assistants to an 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 at the time of his or her appointment. | ||
(7) The Minister may direct that an assistant appointed under paragraph (6) shall receive such remuneration, if any, as the Minister, with the approval of the Minister for Finance, may determine. | ||
(8) The Minister or the Chief Inspector shall appoint an inspector, or any other qualified person, to be the investigator in charge for any investigation conducted by the AAIU. | ||
(9) The investigator in charge shall be independent of any parties involved in the accident or incident, and of the authorities referred to in regulations 6 (2) or any other body whose interests could conflict with the task entrusted to the investigator in charge. | ||
(10) A foreign state may appoint an accredited representative to any investigation conducted by the State, in which that foreign state has a direct interest. Such a person shall have, for the purpose of so acting, such functions of an inspector under these Regulations as may be specified by the investigator in charge at the time of the person's appointment. | ||
(11)A state entitled to appoint an accredited representative shall also be entitled to appoint one or more advisors to assist the accredited representative in the investigation. The participation of such advisors in the investigation shall be agreed between the investigator in charge and the accredited representative. | ||
(12) A person appointed to an investigation as an assistant, an accredited representative, an advisor to an accredited representative or an expert under regulation 25 shall— | ||
( a ) provide the investigator in charge with all relevant information available to them, and | ||
( b ) respect the confidentiality of the investigation, and shall not provide information on the progress, evidence and findings of the investigation without the express written consent of the investigator in charge, and shall swear or affirm to such confidentiality if so required by the investigator in charge. | ||
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8 Access to and control of wreckage and accident site | 8. n investigator in charge shall have unhampered access to any aircraft wreckage and the site on which it is located and unrestricted control over it to ensure that a detailed examination can be made, without delay, by persons who under these Regulations are entitled to participate in any investigation in connection with the wreckage. | |
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9 Powers of inspectors | 9. (1) Without prejudice to the generality of regulation 8, for the purposes of the investigation of an occurrence to which these Regulations apply, or any inquiry undertaken to determine if an investigation should be undertaken, an inspector may, subject to the directions of the investigator in charge, and where appropriate in co-operation with the authorities responsible for any criminal investigation or public inquiry, do all or any of the following: | |
( a ) enter and inspect any place or building on or in which there are reasonable grounds for believing there is or may be found any object which, in the opinion of the inspector, should be examined for the purpose of any such investigation or inquiry; | ||
( b ) take possession of, examine, remove, test, take measures for the preservation of, or otherwise deal with any such object found on or in such place or building, including— | ||
(i) any aircraft or the wreckage of any aircraft involved in an occurrence, and | ||
(ii) where it appears to the inspector necessary for the investigation, any other aircraft, | ||
or any part of such aircraft or wreckage or any object contained therein, including any flight recorder and the contents of any flight recorders, and any other recordings, whether in the aircraft or wreckage or any other place; | ||
( c ) give to any person in or in the vicinity of an aircraft or the wreckage of an aircraft involved in an occurrence, or any site or object the inspector considers, on reasonable grounds, might be relevant to the investigation of the occurrence or any such inquiry, such directions to prevent or regulate the access of the person to the aircraft, wreckage, site or object, and for such period, as the inspector considers necessary to enable a proper investigation of the occurrence or such inquiry to be carried out under these Regulations; | ||
( d ) by summons under his or her hand, require the attendance of such persons as the inspector thinks fit to call before him or her, examine them for the purpose of the investigation and require answers or returns to any inquiry the inspector thinks fit to make; | ||
( e ) require any such person, or a person providing such information to make and sign a declaration under the Statutory Declarations Act, 1938 (No. 37 of 1938), as to the truth of any statement made by the person in the examination. | ||
( f ) require any person summonsed pursuant to paragraph (d), including the owner, the operator or the manufacturer of the aircraft or any of its components or systems, or the authorities responsible for civil aviation or airport operations, to produce any books, recordings, papers, documents and articles in his, her or their possession or control which the inspector considers relevant, and may retain such items for such time as they may reasonably be required; | ||
( g ) require a pathologist or other qualified person to conduct— | ||
(i) a complete autopsy examination of the bodies of, or | ||
(ii) a special examination by way of analysis, test or otherwise of particular parts or contents of the body or of any other relevant substance or object of or relating to, | ||
any flight crew, passenger or cabin attendant fatally injured in the occurrence and to provide to the inspector a report on the results of any such examination, analysis or tests or of any such report previously provided to a coroner; | ||
( h ) require a person involved in the operation of the aircraft to be medically or otherwise examined or to give samples for analysis or testing. | ||
(i) require a medical practitioner or other person examining or who has examined a person involved in the operation of the aircraft or who has analysed or tested samples referred to in subparagraph (h), whether at the request of the inspector or otherwise, to provide to the inspector a report on the results of any such examination, analysis or test. | ||
(2) A direction under paragraph (1) (c) may be given orally or in writing or generally to all persons by a written notice affixed on or in such a way in the vicinity of the aircraft, wreckage, site or object so as to be clearly visible to the public or persons to whom it is directed. | ||
(3) Subject to regulation 30, a person shall comply with a requirement or direction of an inspector under paragraph (1)' | ||
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10 Obligation to investigate | 10. (1) Every accident or serious incident to which these Regulations apply shall be the subject of an investigation. | |
(2) The Chief Inspector may take measures to investigate any incident that is not a serious incident where he or she considers such an investigation may be expected to draw significant air safety lessons from the examination of the incident. | ||
(3) The extent of investigations and the procedure to be followed in carrying them out shall be determined by the Chief Inspector, taking into account the principles and the objective of the Directive and depending on the lessons the Chief Inspector may expect to draw from the occurrence for the improvement of aviation safety. | ||
(4) Investigations under these Regulations shall in no case be concerned with apportioning blame or liability. | ||
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11 Reporting of occurrences | 11. When an accident or serious incident to which these regulations apply occurs, the pilot, or if the pilot is incapacitated, the operator of the aircraft, shall, as soon as practicable, send notice of the accident or serious incident to the Chief Inspector at the AAIU by the quickest practicable means available and, in the case of an accident, shall also immediately notify the Garda Síochána or, if it occurs outside the State, the appropriate local authorities. | |
(2) The notice required by paragraph (1) to be sent shall include, as far as possible— | ||
( a ) the identifying abbreviation "ACCID", in the case of an accident, and "INCID", in the case of a serious incident. | ||
( b ) the manufacturer, type, and model, and the 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 time (local time or 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 its latitude and longitude, | ||
( h ) the number of crew and passengers on board the aircraft at the time of the accident or serious incident, | ||
( i ) the number of persons on board the aircraft killed or seriously injured as the result of the accident or serious incident. | ||
( j ) the number of persons killed or seriously injured elsewhere than on the aircraft as the result of the accident or serious incident, | ||
( 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 accident or. serious incident area, | ||
( m ) a description of any dangerous goods carried on board the aircraft, and | ||
( n ) the identification of the person sending the notice. | ||
(3) If the particulars required by paragraph (2) to be included are not readily available at the time of the accident or serious incident, the notice shall contain such of the particulars as are available and a further notice containing the remaining particulars shall be furnished as soon as possible thereafter. | ||
(4) Where an occurrence takes place, whether in or over the State or elsewhere, the owner or hirer, operator, or pilot in command of the aircraft shall, if so required by notice in writing from the investigator in charge, send to the investigator in charge within such times as may be specified in the notice, such information as is in his or her possession or control in respect of the occurrence, in such form as the investigator in charge may require. | ||
(5) Subject to regulation 18 (6), nothing in this regulation shall prevent any person having knowledge of an occurrence from reporting it to the Garda Síochána, the Department of Transport, Energy and Communications or the appropriate local authority of the place where the occurrence took place. | ||
(6) The Garda Síochána shall report to the AAIU any occurrence which has come to its notice. | ||
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12 Access to wreckage and removal of damaged aircraft | 12. (1) Where an accident occurs in or over the State, no person other than— | |
( a ) an inspector, a member of the Garda Síochána, an officer of Customs and Excise, | ||
( b ) a person authorised by the Minister, either generally or specially, or | ||
( c ) in relation to an aircraft, site or object the subject of a direction given by an inspector in pursuance of regulation 9 (1) (c), a person authorised by the direction, | ||
shall have access to the aircraft involved, or a site or object the subject of a direction given in pursuance of regulation 9 (1) (c), and except as authorised by the Minister or a person so authorised by the Minister, or pursuant to a direction given by an inspector, a person shall not remove or otherwise interfere with the aircraft, a part of the aircraft, the contents of the aircraft, or the site or object. | ||
(2) Notwithstanding paragraph (1)— | ||
( a ) the aircraft or any part of the aircraft may be removed or interfered with so far as may be necessary for the purpose of extricating persons or animals from the aircraft, removing any mail carried by the aircraft, preventing destruction by fire or any other cause, or preventing any danger or obstruction to the public or to air navigation or to other means of transport, | ||
( b ) goods or passengers' baggage may, if released by a person authorised under paragraph (1) as not being required as evidence, be removed from the aircraft under the supervision of a member of the Garda Síochána, but in the case of an aircraft which has come directly from a place outside the State, shall not be removed from the aircraft, or the vicinity of the aircraft, except with the consent of an officer of Customs and Excise, | ||
( c ) the aircraft or any of its parts or contents, if lying in a position of danger to life or property or to the aircraft, part or contents, or if wrecked in water, may be moved to such extent as may be necessary for bringing it or them to a place of safety, and | ||
( d ) where it is necessary to disturb or move aircraft wreckage, or any mail or cargo in the aircraft or wreckage, the person supervising the disturbance or movement shall, whenever possible, take measures (which may include the preparation of descriptive notes, the taking of accurate measurements, the making of sketches and the taking of photographs and video recordings) to record the original scene, and the position and condition of the wreckage and of any significant impact marks. | ||
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13 Form of investigations | 13. (1) An investigation into an occurrence may be a Formal Inspector's Investigation or a Field Investigation. | |
(2) The Chief Inspector shall decide the kind of investigation which is appropriate for any occurrence. | ||
(3) Public notice that a Formal Inspector's Investigation is taking place may be given in such manner as the Chief Inspector thinks fit and shall invite any person who desires to make representations concerning the circumstances of the occurrence to do so in writing within the time specified in the notice. | ||
(4) An investigation into an occurrence shall be held in private. | ||
(5) Where it appears to an inspector carrying out an investigation into an occurrence that in order to resolve any conflict of evidence or that for any other reason it is expedient to do so, the inspector may permit any person to appear before him or her and to call evidence and examine witnesses. | ||
(6) At any stage of the investigation of an occurrence, wherever it took place, 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 occurrences. | ||
(7) The Chief Inspector may at any time publish, or cause to be published, information relating to an occurrence whether or not it is the subject of an investigation by an inspector or a Review Board or a public inquiry. | ||
(8) The Chief Inspector may determine that an investigation into an occurrence should be discontinued and in that event, in the case of a Formal Inspector's Investigation, no report on the investigation shall be made under regulation 14 or 15 to the Minister. | ||
(9) An investigation into an occurrence may be discontinued once a determination has been made as to whether or not airworthiness matters were concerned in the cause of the occurrence and where a determination is made that such matters were so concerned, the investigator in charge shall submit a report to the Chief Inspector detailing the inspector's findings in respect of those matters. | ||
(10) On completion of a Field Investigation the Chief Inspector, whether or not he or she decides to proceed with a Formal Inspector's Investigation, may submit such information as he or she considers desirable to the State aviation authority and, where he or she considers it appropriate, to the appropriate aviation authority of any other state, in the interest of the avoidance of accidents in the future. | ||
(11) If in the course of an investigation it becomes known or is suspected that an act of unlawful interference was involved in the occurrence, the investigator in charge shall immediately initiate action to ensure that the aviation security authorities of the state or states concerned are informed. | ||
(12) Every person (other than the owner, operator or hirer of an aircraft concerned in an occurrence, or any person in his or her employment) summoned and attending as a witness by an inspector for the purposes of this regulation shall be allowed such expenses as would be allowed to a person attending as a witness before the High Court. | ||
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14 Report of investigation into accidents | 14. (1) Any investigation into an accident shall be the subject of a report in a form which, in the opinion of the Chief Inspector, is appropriate to the type and seriousness of the accident but the report shall state the sole objective of the investigation as referred to in regulation 4 and contain, where appropriate, safety recommendations. | |
(2) On completion of a Formal Inspector's Investigation, the Chief Inspector shall, subject to regulation 18, submit to the Minister a Final Report on the investigation prepared by the investigator in charge in a form conforming to that laid down in Annex 13. The Final Report shall state the circumstances of the accident and contain conclusions as to its cause, together with any observations and safety recommendations which the investigator in charge thinks fit to make, with a view to the preservation of life and the avoidance of similar accidents in the future. | ||
(3) The Chief Inspector shall, as soon as practicable after submitting the Final Report to the Minister (and where possible within 12 months of the date of the accident), publish the report in such manner as he or she thinks fit so that it is available for inspection by interested members of the public. | ||
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15 Report of investigation into incidents | 15. (1) Any investigation into an incident shall be the subject of a report in such form as the Chief Inspector thinks appropriate to the type and seriousness of the incident (in this regulation referred to as the "incident report") and the incident report shall, where appropriate, contain relevant safety recommendations but shall not reveal the identity of the persons involved in the incident. | |
(2) The Chief Inspector shall send a copy of the incident report to such persons as he or she thinks likely to benefit from its findings with regard to safety. | ||
(3) The Chief Inspector may publish the incident report in such manner as he or she thinks fit so that it is available for inspection by interested members of the public. | ||
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16 Synoptic reports may be published | 16. The Chief Inspector may, as he or she thinks fit, publish synoptic reports of any occurrence which he or she has caused to be investigated. Such reports may contain safety recommendations. | |
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17 Safety recommendations | 17. (1) A safety recommendation shall in no case create a presumption of blame or liability for an occurrence. | |
(2) A national authority or other organisation in a state to whom a safety recommendation has been addressed shall, as soon as practicable after receiving it, furnish the Chief Inspector with a statement indicating the corresponding preventative action taken or under consideration or the reasons why no action will be taken. | ||
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18 Notice of findings | 18. (1) No report under regulation 14, 15 or 16 may be made to the Minister or made public until the investigator in charge has— | |
( a ) where it appears to him or her practical to do so, served a notice (in this regulation referred to as "the notice of findings") on any party involved in the occurrence and on any other person, including the Minister, who is, in the inspector's opinion, likely to be adversely reflected on by the report or, where such person is deceased, on the person who appears to the investigator in charge to best represent the interests of the deceased person, | ||
( b ) considered any comments which may be made to him or her in accordance with paragraph (3) by or on behalf of the persons served with such notice, and | ||
( c ) by notice in writing, informed the person or party who made the comments of the result of the inspector's consideration of the comments, and such information may include a copy of the report under regulation 14, 15 or 16. | ||
(2) The notice of findings shall include particulars of any proposed analysis of facts and conclusions as to the circumstances and causes of the accident or incident which may concern the person on whom it is served. | ||
(3) Any comments referred to in paragraph (1) (b) shall be in writing and shall be served on the investigator in charge within a period of 28 days commencing on the day of service of the notice of findings, or such longer period as the investigator in charge may allow (whether or not the 28 days period has expired). | ||
(4) The investigator in charge may, after considering any comments referred to in paragraph (1) (b), amend the report, or may append such comments to the report. | ||
(5) A copy of the report shall be served by the Chief Inspector on any person who has been served with the notice of finding. | ||
(6) No person shall disclose or permit to be disclosed any information contained in a notice of finding, or a report served on him or her pursuant to paragraph (5), without first obtaining the permission in writing of the Chief Inspector. | ||
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PART III RE-EXAMINATION AND REVIEW | ||
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19 Re-examination of investigation | 19. (1) Any person who has been served with a notice of findings under regulation 18 may, within a period of 28 days commencing on the day he or she received the notice referred to in regulation 18 (1) (c), serve on the Minister written notice (in this regulation referred to as "the notice of re-examination") that the person wishes those findings and conclusions which, within the context of the report, appear to reflect adversely on the person's reputation or on the reputation of any person, living or dead, whose executor, administrator or other personal representative he or she is, to be re-examined. | |
(2) The notice of re-examination shall state— | ||
( a ) the findings and conclusions that the person wishes to be re-examined, | ||
( b ) the grounds on which the findings and conclusions in the context of the report are challenged, and | ||
( c ) the reasons why the reputation of the person concerned is likely to be adversely affected by such findings and conclusions, | ||
and there shall be appended to the notice a copy of any representations made under regulation 18. | ||
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20 Review Board | 20. (1) Where a notice of re-examination under regulation 19 (1) has been served on the Minister and the Minister is satisfied that it is properly specified in accordance with that regulation, he or she may appoint a Review Board to conduct the re-examination requested. | |
(2) The Review Board shall consist of a chairperson (who shall be either a barrister of not less than 10 years standing or a person who, in the Minister's opinion, possesses aeronautical or engineering or other special knowledge or experience of air navigation or aviation), and may also include one or more persons who, in the Minister's opinion, possesses aeronautical, engineering, legal or other special knowledge, to act as technical assessors to assist the chairperson in conducting the re-examination. | ||
(3) A re-examination by the Review Board shall be in private. | ||
(4) The Review Board shall have all the powers of an inspector under these Regulations and the chief Inspector shall give such assistance to it as is requested by the Board and within his or her power to give. | ||
(5) Where, at any time, the Review Board is satisfied that any of the findings and conclusions in the notice of findings under regulation 18 (1) (a) do not adversely affect the reputation of the person concerned, it may decide not to proceed further with the re-examination in respect of those findings or conclusions but it shall not reach such a decision unless it has given the person requesting the. re-examination an opportunity to make representations to it as to why the re-examination should be proceeded with. | ||
(6) The Review Board shall serve on the person requesting the re-examination and all other persons on whom the relevant notice of findings under regulation 18 has been served, not less than 21 days notice of the date, time and place of the re-examination hearing. | ||
(7) The following persons shall have the right to be heard by the Review Board and to give evidence, produce witnesses and examine any other witnesses giving evidence at the re-examination. | ||
( a ) the person requesting the re-examination, or the representative of that person. | ||
( b ) the inspector who made the report, and | ||
( c ) any person summoned or granted leave to appear by the Review Board. | ||
(8) The Review Board may summons, or grant leave to appear before it at a re-examination, any person who, in its opinion, may be directly affected by the re-examination proceedings or who may have information pertinent to the re-examination. | ||
(9) Where new and relevant evidence is given at the re-examination which was not given to the Formal Inspector's Investigation, the Review Board may, with the agreement of the Chief Inspector, discontinue the re-examination. | ||
(10) On completion of the re-examination the chairman of the Review Board shall make a report to the Minister— | ||
( a ) containing a summary of the proceedings of the re-examination hearing, and | ||
( b ) either confirming or rejecting, in whole or in part, those findings and conclusions of the inspector's report which were the subject of the re-examination, together with its reasons therefor, | ||
and the Minister shall serve a copy of the Review Board's report on all persons who appeared or were represented before it. | ||
(11) Where a re-examination is not proceeded with or is discontinued under this regulation, no report shall be made to the Minister by the Review Board. | ||
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21 Re-opening of investigation | 21. (1) The Chief Inspector may cause any investigation to be reopened, either generally or as to any part of the investigation, and shall do so— | |
( a ) in circumstances referred to in regulation 20 (9), | ||
( b ) if new and relevant evidence is discovered by a Review Board, or otherwise, or | ||
( c ) if for any other reason there are, in the opinion of the Minister, grounds for suspecting that a miscarriage of justice has occurred. | ||
(2) Any investigation reopened shall be subject to and conducted in accordance with the provisions of these Regulations as if it were an investigation, and those provisions, with the necessary modifications, shall apply accordingly. | ||
(3) The Minister may direct that a re-examination, including a re-examination that has been discontinued under regulation 20 (9) shall be reheard, either generally or as to any part thereof, if— | ||
( a ) after completion or curtailment of the re-examination, evidence is disclosed which is, in the opinion of the Minister, both new and relevant, or | ||
( b ) for any other reason there are, in the opinion of the Minister, grounds for suspecting that a miscarriage of justice has occurred. | ||
(4) If the Minister directs that a re-examination be reheard or proceeded with, he or she shall also direct as to whether the original Review Board shall conduct the rehearing or appoint a new Review Board for the purpose. | ||
(5) A re-examination directed by the Minister to be reheard or proceeded with shall be conducted in accordance with regulation 20. | ||
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22 Holding of public inquiry | 22. (1) Where it appears to the Minister that it is expedient to hold a public inquiry into an occurrence, the Minister may, whether or not any other investigation under these Regulations is taking or has taken place, by order, direct a public inquiry to be held. | |
(2) If the Minister directs a public inquiry to be held, any other investigation under these Regulations, or re-examination being conducted by a Review Board, relating to the occurrence shall be discontinued. | ||
(3) Where the Minister directs a public inquiry to be held, he or she shall appoint a competent person (who shall be either a barrister of at least 10 years standing or a person who, in the Minister's opinion, possesses aeronautical or engineering knowledge or other special knowledge or experience of air navigation or aviation), to constitute a Court to hold the inquiry and the Minister may appoint not less than two persons who, in the opinion of the Minister, possess legal, aeronautical, engineering or other special knowledge or experience of air navigation, to act as technical assessors to assist the first-mentioned person in conducting the inquiry. | ||
(4) Except to the extent to which the Court is of the opinion that, in the interests of justice or in the public interest, any part of the evidence or any argument relating to the evidence should be heard in private, the public inquiry shall be open to the public and, subject to this regulation, shall be conducted in such manner and under such conditions as the Court may think most effectual for ascertaining the causes and circumstances of the occurrence and enabling the Court to make its report under this regulation. | ||
(5) The Second Schedule shall apply to and in relation to a public inquiry. | ||
(6) The Court shall make a report to the Minister staling its findings as to the probable cause of the occurrence and the circumstance thereof, and may include any observations and safety recommendations it thinks fit to include with a view to the preservation of life and the avoidance of similar occurrences in future. | ||
(7) ( a ) The assessors (if any) shall either sign the report with or without reservations or state in writing any dissent from the report and their reasons for the dissent, and such reservations or dissent and reasons shall be forwarded to the Minister with the report. | ||
( b ) The Minister shall, unless in his or her opinion there are good reasons for not doing so, cause any such report and reservations or dissent and reasons therefor to be made public in such a manner as the Minister thinks fit. | ||
(8) Every person summoned and attending as a witness before the Court shall be allowed such expenses as would be allowed to a person attending before the High Court as a witness, and in case of dispute as to the amount to be allowed, the matter shall be referred by the Court to a Taxing Master of the High Court who, on request signed by the Court of Inquiry, shall ascertain and certify the proper amount of the expenses. | ||
(9) The Court of Inquiry may, in its discretion, direct that any expenses of a party be disallowed and, accordingly, those expenses shall not be recoverable by the party. | ||
(10) The Court of Inquiry and the assessors shall receive such remuneration as the Minister, with the approval of the Minister for Finance, may determine. | ||
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23 Rehearing of public inquiry | 23. (1) The Minister may, in any case where a public inquiry has been held, direct a rehearing of the public inquiry, either generally or as to any part of the inquiry, and shall do so— | |
( a ) if new and relevant evidence which was not produced at the inquiry has been discovered by the Court or otherwise, or | ||
( b ) if for any other reason there are, in the opinion of the Minister, grounds for suspecting that a miscarriage of justice has occurred. | ||
(2) If the Minister directs an inquiry to be reheard, he or she may direct that the inquiry shall be reheard either by the Court by whom it was heard in the first instance or by some other person appointed by the Minister to hold the rehearing. | ||
(3) A rehearing shall be subject to and conducted in accordance with the provisions of these Regulations relating to the holding of public inquiries. | ||
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PART IV MISCELLANEOUS | ||
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24 Disclosure of records | 24. (1) The Minister, the Chief Inspector, the investigator in charge, or any other person concerned with the conduct of an investigation into an occurrence, wherever it occurred, shall not make any of the following records available to any person for purposes other than such an investigation, unless the appropriate authority for the administration of justice in the state of occurrence determines that the benefits resulting from disclosure of the records outweighs the adverse domestic and international impact the disclosure may have on that or any future investigation: | |
( a ) statements taken from persons by the investigation authorities in the course of their investigation; | ||
( b ) communications between persons involved in the operation of the aircraft; | ||
( c ) medical or private information regarding persons involved in the occurrence; | ||
( d ) voice recordings or transcript from such recordings; | ||
( e ) data recordings or output from such recordings; and | ||
( f ) opinions expressed in the analysis of information, including flight recorder information. | ||
(2) The records referred to in paragraph (1) shall be included in a Final Report or its appendices, or in any other report, only when pertinent to the analysis of the occurrence. Parts of the records not relevant to the analysis shall not be disclosed in the Final Report or in any other report. | ||
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25 International co-operation | 25. (1) The Chief Inspector shall, as soon as practicable after receiving notice of an accident or serious incident, forward a notification of the accident, by the quickest practicable means available, to— | |
( a ) the state of registry, where the aircraft is not registered in the State, | ||
( b ) the state of the operator, where the operator is not licensed in the State, | ||
( c ) the state of design, where the aircraft is not designed in the State. | ||
( d ) the state of manufacture, where the aircraft is not manufactured in the State, and | ||
( e ) if the aircraft involved is of a maximum mass of over 2,250 kg, ICAO. | ||
(2) When the State conducts a formal investigation or public inquiry into an accident or serious incident, the states referred to in paragraph (1), and any state which on request provides information, facilities or expertise to the investigation, shall be entitled to appoint an accredited representative, and one or more advisers to the accredited representative, to participate in the investigation or public inquiry. | ||
(3) The Chief Inspector shall, within 30 days of an accident, send the Preliminary Report, as laid down in Annex 13, to the competent authorities of the states referred to in paragraph (2). | ||
(4) The Chief Inspector shall, when an accident occurs and the aircraft involved is an aircraft of a maximum mass of over 2,250 kg, as soon as practicable after the completion of the investigation, send to ICAO the Accident Data Report, as laid down in Annex 13. | ||
(5) If the Chief Inspector conducts an investigation into an incident involving an aircraft of a maximum mass of over 5,700 kg, or causes such an investigation to be conducted, he or she shall, as soon as practical after the investigation is completed, send to ICAO the Incident Data Report, as laid down in Annex 13. | ||
(6) ( a ) The Chief Inspector shall send a copy of the draft Final Report to all states that participated in an investigation, inviting their comments on the report. | ||
( b ) If comments are received within 60 days, the Chief Inspector shall either amend the draft Final Report to include the comments received, or append the comments to the Final Report. | ||
( c ) If no comment is received within 60 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. | ||
(7) The Chief Inspector shall, as soon as practicable after the investigation, send a copy of the Final Report of all investigations to all parties noted in paragraph (2) and to the competent authorities of any other state that participated in the investigation and to the Commission of the European Communities. | ||
(8) The Minister may delegate all or part of the investigation of an accident or serious incident to the competent authority of the state of registry, or the state of the operator. | ||
(9) If an investigation is delegated under paragraph (8), the State shall use every means to facilitate, and to preserve evidence pertinent to, the investigation. | ||
(10) If in the opinion of the Chief Inspector it is necessary to enable him or her to perform his or her functions under the Regulations, the Chief Inspector may request the assistance of bodies or entities from other states to supply— | ||
( a ) installations, facilities and equipment for— | ||
(i) the technical investigation of wreckage and aircraft equipment and other objects relevant to the investigation, | ||
(ii) the evaluation of information from flight recorders, and | ||
(iii) the computer storage and evaluation of air accident data, and | ||
( b ) accident investigation experts to undertake specific tasks, but only when an investigation is open following an accident which, in the opinion of the Chief Inspector, is a major accident. | ||
(11) If the location of an accident or serious incident cannot be definitely established as having occurred in the territory of any other state, and the aircraft is registered in the State, it shall be investigated under these Regulations, unless the investigation is delegated under paragraph (8). | ||
(12) The Minister shall, as far as possible, facilitate requests from other states for relevant information and technical assistance, such as that outlined in paragraph (10). When available, such assistance should, as far as possible, be free of charge to Member States. | ||
(13) The Minister or any office of the Minister shall not circulate, publish or give access to a draft report or any part of a draft report, or any documents obtained during an investigation of an occurrence to which this regulation applies, without the express consent of the state which conducted the investigation, unless the report or document has already been published or released by that state. | ||
(14) Any state which has, by virtue of fatalities or serious injuries to its citizens, a special interest in an accident being investigated by the State, may appoint an expert who shall be entitled to— | ||
( a ) visit the scene of the accident, | ||
( b ) access to factual information. | ||
( c ) participate in the identification of victims, | ||
( d ) assist in the questioning of surviving passengers who are citizens of the expert's state, and | ||
( e ) receive a copy of the Final Report. | ||
(15) If an occurrence takes place in the State and the State receives from the state of registry, the state of the operator, the state of design or the state of manufacture a request that the aircraft, its contents and any evidence remain undisturbed pending inspection by the accredited representative of the requesting state, the State shall take all necessary steps to comply with the request, so far as this is reasonably practicable and compatible with the proper conduct of the investigation. | ||
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26 Accident or serious incident outside State | 26. (1) When an accident or serious incident occurs in the jurisdiction of another state to an aircraft registered in the State, or to an aircraft operated by the holder of an Air Operator's Certificate issued in the State, and the state of occurrence delegates the whole or any part of the conduct of the investigation of the accident or serious incident to the State, the Chief Inspector shall cause the investigation to be conducted in accordance with these Regulations. | |
(2) If an accident or serious incident occurs in the jurisdiction of another state to an aircraft— | ||
( a ) registered in the State, | ||
( b ) operated by an operator licensed in the State, or | ||
( c ) to an aircraft designed or manufactured or any of the significant components of which were designed or manufactured in the State, | ||
and the State— | ||
(i) provides information, facilities or experts, on request, to the state conducting the investigation into the accident or serious incident, or | ||
(ii) has a special interest in the occurrence by virtue of fatalities or serious injuries to its citizens, | ||
the Chief Inspector may appoint an accredited representative to the investigation and may also appoint one or more advisers to assist the accredited representative. | ||
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27 Occurrences involving state aircraft | 27. (1) Where— | |
( a ) a state aircraft is involved in an occurrence arising out of or in the course of air navigation and occurring in or over the State, or | ||
( b ) an aircraft belonging to the State, is involved in an occurrence anywhere, | ||
and the Minister and the Minister for Defence, jointly, are of the opinion that— | ||
(i) the occurrence was or may have been the result of a collision between that aircraft and a civil aircraft, | ||
(ii) the occurrence occurred or may have occurred while the aircraft was on, or in the course of taking off from or landing on, an aerodrome used wholly or mainly for the purposes of civil aviation, or | ||
(iii) the occurrence has or may have otherwise occurred in such circumstances that the Minister is or may be concerned or interested in its circumstances or causes, | ||
they may direct that the occurrence shall be treated as an occurrence to which these Regulations apply and these Regulations, with the necessary modifications, shall apply accordingly. | ||
(2) Where a civil aircraft is involved in an accident or serious incident arising out of or in the course of air navigation and occurring in or over the State or, if the aircraft is registered in the State or belongs to the State, occurring anywhere, and the Minister and the Minister for Defence, jointly, are of the opinion that— | ||
( a ) the occurrence was or may have been the result of a collision between that aircraft and a state aircraft. | ||
( b ) the occurrence occurred or may have occurred while the aircraft was on, or in the course of taking off from or landing on, an aerodrome controlled by the Minister for Defence or by any authority responsible for the operation of state aircraft by any country, or | ||
( c ) the occurrence has or may have otherwise occurred in such circumstances that the Minister for Defence or any authority or the operator of state aircraft of any state, is or may be concerned or interested in its circumstances or causes. | ||
they may direct that the occurrence shall be treated as an occurrence to which these Regulations apply and these Regulations, with the necessary modifications, shall apply accordingly. | ||
(3) If it appears to the investigator in charge that the investigation of any occurrence involving state aircraft or facilities has been completed but for the investigation of matters affecting the discipline or the internal administration of the operator of the state aircraft or facility which are more appropriate for the investigation by some other person or body, the investigation may be treated for the purposes of these Regulations as if it had been completed without such matters being investigated under these Regulations. In such a case the report of the investigation into the occurrence shall state those matters to which the investigation has not been extended by reason of this paragraph. | ||
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28 Disposal of wreckage | 28. Aircraft wreckage preserved by an inspector pursuant to regulation 9 (1) (b) for the purpose of investigation or public inquiry may be disposed of to its rightful owners, or their authorised representatives, on completion of the associated proceedings, or at such time as is considered appropriate by the inspector. | |
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29 Disposal of records | 29. The Minister or an inspector shall not be required to hold aircraft records, factual information concerning an occurrence, including photographs, witness statements or documentation pertaining to the occurrence, its circumstances, the aircraft or personnel involved in the occurrence beyond such time as is necessary for the completion of the associated investigation or public inquiry and any related statutory reports. | |
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30 General | 30. (1) A person shall not obstruct or impede the Court or an inspector, or an assessor or any person acting under the authority of the Minister, in the performance of the Court's inspector's or that person's functions under these Regulations. | |
(2) Subject to regulation 13 (12), every person summoned under these Regulations as a witness or required under these Regulations to give evidence or produce documents or any other object may be allowed such expenses as the Minister, with the approval of the Minister for Finance, may determine. | ||
(3) A person shall not, without reasonable excuse (proof of which shall lie on the person) and after having had the expenses, if any, to which he or she is entitled tendered to him or her, fail to comply with any summons or requisition under these Regulations. | ||
(4) If a person objects to answering a question asked of him or her as a witness at an investigation or public inquiry on the grounds that the answer might tend to incriminate the person or make the person liable to a penalty, and the person is informed of his or her obligation to answer the question, the person shall not refuse to answer the question but the answer given on that occasion shall not be admissible as evidence in criminal or other proceedings against the person other than proceedings against him or her in respect of the falsity of the answer or failure to answer the question. | ||
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31 Revocation of Air Navigation (Investigation of Accidents) Regulations, 1957 | 31. (1) The Air Navigation (Investigation of Accidents) Regulations, 1957 ( S.I. No. 19 of 1957 ), are hereby revoked. | |
(2) The revocation by paragraph (1) shall not affect any investigation or inquiry commenced under the Regulations revoked and any such investigation or inquiry may be continued and completed as if these Regulations had not been made. | ||
regulation 3 | ||
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FIRST SCHEDULE | ||
List of Examples of Serious Incidents | ||
The incidents listed below are typical examples of serious incidents. The list is not exhaustive and only serves as a guide to the definition of 'serious incident'. | ||
— A near collision requiring an avoidance manoeuvre or when an avoiding manoeuvre would have been appropriate to avoid a collision or an unsafe situation. | ||
— Controlled flight into terrain (CFIT) only marginally avoided. | ||
— An aborted takeoff on a closed or engaged runway, or a takeoff from such runway with marginal separation from obstacle(s). | ||
— A landing or attempted landing on. a closed or engaged runway. | ||
— Gross failure to achieve predicted performance during takeoff or initial climb. | ||
— All fires and smoke in the passenger compartment or in cargo compartments, or engine fires, even though such fires are extinguished with extinguishing agents. | ||
— Any events which required the emergency use of oxygen by the flight crew. | ||
— Aircraft structural failure or engine disintegration which is not classified as an accident. | ||
— Multiple malfunctions of one or more aircraft systems that seriously affect the operation of the aircraft. | ||
— Any case of flight crew incapacitation in flight. | ||
— Any fuel state which would require the declaration of an emergency by the pilot. | ||
— Takeoff or landing incidents, such as undershooting, overrunning or running off the side of runways. | ||
— System failures, weather phenomena, operation outside the approved flight envelope or other occurrences which could have caused difficulties controlling the aircraft. | ||
— Failure of more than one system in a redundancy system which is mandatory for flight guidance and navigation. | ||
regulation 21(5) | ||
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SECOND SCHEDULE | ||
Procedures of Public Inquiry | ||
1. The Court shall have, for the purpose of the inquiry, all the powers of a Court of Summary Jurisdiction, and without prejudice to those powers it may— | ||
( a ) enter and inspect, or authorise any person to enter and inspect, any place or building the entry or inspection of which appears to it to be required for the purposes of the inquiry, | ||
( b ) by summons, require the attendance as witnesses of all such persons as it thinks fit to call and examine, and require such persons to answer any question or furnish any information or produce any books, papers, articles and documents which it may consider relevant, and | ||
( c ) administer an oath to any such person, or require any witness to make and sign a declaration of the truth of the statements made by him or her in his or her examination. | ||
2. The assessors shall have the like powers of entry and inspection as are conferred by this regulation on the Court. | ||
3. Where the Minister directs a public inquiry to be held, the Minister shall remit the case to the Attorney General and thereafter the preparation and presentation of the case shall be conducted by the Chief State Solicitor under the direction of the Attorney General. | ||
4. The Chief Inspector shall give such assistance to the Court and the Attorney General as is in the Chief Inspector's power to give, and he or she shall, for that purpose but subject to the direction of the Court, have all the powers conferred by regulation 8 on an inspector. | ||
5. The Minister may appoint an inspector to assist the Court and the Attorney General in the conduct of an inquiry and any inspector so appointed shall, for that purpose subject to the directions of the Court, have all the powers conferred by regulation 8 on an inspector in relation to an investigation. | ||
6. Where a public inquiry has been ordered, the Attorney General may cause a notice (in this paragraph referred to as the "notice of inquiry") to be served on the owner, operator, hirer and pilot in command of the aircraft concerned and on any other person who, in Attorney General's opinion, ought to be served with such notice. | ||
7. ( a ) The Attorney General and all persons on whom a notice of inquiry has been served shall be deemed to be parties to the proceedings. | ||
( b ) Any other person, including the Minister, may by leave of the Court appear, and any person who so appears shall, on so appearing, become a party to the proceedings. | ||
8. ( a ) At any time before the date appointed for holding a public inquiry, the Court may hold a preliminary meeting at which any directions may be given or any preliminary or interlocutory order as to the procedure may be made. | ||
( b ) Any person intending to make an application to the Court at a preliminary meeting shall give notice of the application to the Chief State Solicitor. | ||
9. A public inquiry shall be conducted in such a manner that, if a charge in relation to the occurrence is laid or is likely to be laid against any person, that person, or if he or she is dead, his or her personal representative, shall have the opportunity of making a defence. | ||
10. The proceedings of the public inquiry shall commence with the submission on behalf of the Attorney General of the questions which, on the information then in the Attorney General's possession, he or she intends to raise on the conclusion of evidence, and shall be followed by the production of the evidence and examination of the witnesses produced by the Attorney General. These witnesses, after being examined on behalf of the Attorney General, may be cross-examined by the parties in such order as the Court may direct, and may then be re-examined on behalf of the Attorney General. | ||
11. When the examination of the witnesses produced by the Attorney General has been concluded, the Attorney General shall state the questions in reference to the occurrence on which the opinion of the Court is requested. The Court may make such modification in or omissions from the questions so stated and put such additional questions as it thinks fit. | ||
12. Hearsay evidence of conversations held with members of the crew who were fatally injured in the occurrence may be admitted as evidence at the discretion of the Court. | ||
13. The Court may conduct the inquiry in such manner as it thinks fit without being bound by rules of evidence. | ||
14. The records of cockpit voice recorders, flight data recorders and other recorders may be admitted as evidence. | ||
15. ( a ) Each party to the proceedings shall be entitled to address the Court and produce witnesses or recall any of the witnesses who have already been examined for further examination and generally adduce evidence. | ||
( b ) The parties shall be heard and their witnesses examined, cross-examined and re-examined in such order as the Court may direct. | ||
( c ) Further witnesses may also be produced and examined on behalf of the Attorney General and may be cross-examined by the parties and re-examined on behalf of the Attorney General. | ||
( d ) Every witness produced by any party may be cross examined on behalf of the Attorney General and by permission of the Court every witness produced by the Attorney General may be cross-examined on behalf of the Attorney General as if that witness had originally been produced by another party. | ||
16. When the whole of the evidence in relation to the question for the opinion of the Court has been concluded, any of the parties who desire so to do may address the Court on the evidence and the Court may be addressed in reply on the whole case on behalf of the Attorney General. | ||
17. The Court may adjourn the inquiry from time to time and from place to place, and where an adjournment is asked for by a party to the inquiry, the Court may impose such terms as to payment of costs or otherwise as it thinks fit as a condition of granting the adjournment. | ||
18. Any notice, summons or other document issued under this Schedule may be served by sending it by registered post to the last known address of the person to be served. | ||
19. The service of any notice, summons or other document may be proved by the oath or affidavit of the person by whom it was served. | ||
GIVEN under my Official Seal, this 12th day of May, 1997. | ||
ALAN M. DUKES, | ||
Minister for Transport, Energy and Communications. |