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SUBPART 1
GENERAL
Applicability
12.01.1 This part shall, subject to the provisions of section 12 of the Act, apply to the procedures relating to the reporting and investigation of accidents and incidents other than accidents and incidents involving –
(a)
aircraft so designed to remain moored to the earth or to be kept in tow by vehicles or vessels moving on the surface of the earth; and
(b)
aircraft designed to fly without any person on board.
Designation of body or institution
12.01.2 (1) The Commissioner may, subject to the provisions of section 4(2) and (3) of the Act, designate a body or institution to –
(a)
promote aviation safety or to reduce the risk of aviation accidents or incidents; and
(b)
advise the Commissioner on any matter connected with the promotion of aviation safety or the reduction of the risk of aviation accidents or incidents.
(2) The designation referred to in sub-regulation (1) shall be made in writing and shall be published by the Commissioner in the Gazette within 30 days from the date of such designation.
(3) The powers and duties referred to in sub-regulation (1) shall be exercised and performed according to the conditions, rules, requirements, procedures or standards as prescribed in Document SA-CATS-ACCID and INCID.
Designation of investigator-in-charge
12.01.3 (1) The Commissioner may designate an investigator-in-charge to investigate any accident or incident in terms of this part.
(2) An investigator-in-charge shall have authority, subject to the provisions of this part, to –
(a)
have unhampered access to an aircraft which has been involved in an accident or incident, the wreck or wreckage, the place where the aircraft, the wreck or wreckage is located and the places where marks resulting from the accident or incident which may be of assistance in an investigation, are located;
(b)
preserve an aircraft which has been involved in an accident or incident or the wreck or wreckage and any marks resulting from the accident or incident which may be of assistance in the investigation, by any means available, including photographic means;
(c)
examine an aircraft involved in an accident or incident, the wreck or wreckage, any part or component thereof or anything transported therein or any marks resulting from the accident or incident which may be of assistance in the investigation, and to remove any such aircraft, wreck or wreckage, or any part or component thereof or anything transported therein for the purpose of the investigation or for an inquiry by a board of inquiry appointed in terms of section 12(1) of the Act;
(d)
compile reports in connection with the investigation;
(e)
have unhampered access to all documents, books, notes, photographs, recordings and transcripts which the investigator-in-charge may consider necessary for the investigation, which documents, books, notes, photographs, recordings and transcripts shall be produced without delay by the possessor thereof when so requested; and
(f)
obtain information from any person which may be necessary for the investigation.
Designation of investigator
12.01.4 (1) The Commissioner may designate an investigator for the purposes of assisting an investigator-in-charge in the investigation of an accident or incident.
(2) An investigator may exercise all the powers granted to and imposed on an investigator-in-charge in terms of regulation 12.01.3(2), which are assigned to such investigator by the investigator-in-charge.
(3) The conditions and requirements for and the rules, procedures and standards connected with a designation referred to in sub-regulation (1), shall be as prescribed in Document SA-CATS-ACCID and INCID.
(4) The Commissioner shall sign and issue to each investigator so designated, a document which shall state the full name of such investigator and contain a statement indicating that –
(a)
such investigator has been designated in terms of sub-regulation (1); and
(b)
such investigator is empowered to exercise any power entrusted to him or her in terms of this part.
Designation of pro tem investigator
12.01.5 (1) The Commissioner may designate a pro tem investigator for the purposes of assisting the investigator-in-charge in the initial investigation of an accident or incident.
(2) A pro tem investigator may exercise all the powers granted to and imposed on an investigator-in-charge in terms of regulation 12.01.3(2), which are assigned to such investigator by the investigator-in-charge.
(3) A pro tem investigator shall, as soon as practicable after the arrival of the investigator-in-charge on the scene of an accident or incident, report on his or her initial investigation to such investigator-in-charge.
(4) The conditions and requirements for and the rules, procedures and standards connected with a designation referred to in sub-regulation (1), shall be as prescribed in Document SA-CATS-ACCID and INCID.
(5) The Commissioner shall sign and issue to each pro tem investigator so designated, a document which shall state the full name of such pro tem investigator and contain a statement indicating that –
(a)
such pro tem investigator has been designated in terms of sub-regulation (1); and
(b)
such pro tem investigator is empowered to exercise any power entrusted to him or her in terms of this part.
Designation of accredited representative
12.01.6 (1) The Commissioner may –
(a)
designate an accredited representative, for the purposes of investigating an accident or incident involving a South African registered aircraft in a territory of a contracting or non-contracting State; or
(b)
accept the accreditation or appointment of an accredited representative of the State of Registry, State of the Operator, State of Design or State of Manufacture for the purposes of investigating an accident or incident involving a foreign registered aircraft in the territory of the Republic.
(2) The conditions and requirements for and the rules, procedures and standards connected with a designation referred to in sub-regulation (1), shall be as prescribed in Document SA-CATS-ACCID and INCID.
(3) An accredited representative designated in terms of sub-regulation (1)(b) may participate in the investigation of the accident or incident under the control of the investigator-in-charge.
(4) An accredited representative designated in terms of sub-regulation (1)(b) may, under the control of the investigator-in-charge –
(a)
visit the scene of the accident;
(b)
examine the wreckage;
(c)
obtain witness information and suggest areas of questioning;
(d)
have access to all relevant evidence;
(e)
receive copies of all relevant documents, books, notes, photographs, recordings and transcripts;
(f)
participate in readouts of recorded media;
(g)
participate in component examinations, technical briefings, tests and simulations and other investigative activities;
(h)
participate in deliberations on the analysis, findings, cause or causes and safety recommendations; and
(i)
make submissions in respect of the various elements of the investigation.
Designation of advisor
12.01.7 (1) The Commissioner may, in consultation with the accredited representative, designate an adviser for the purpose of assisting the accredited representative in the investigation of an accident or incident.
(2) An adviser designated in terms of sub-regulation (1) may, under the control of the investigator-in-charge and the supervision of the accredited representative –
(a)
visit the scene of the accident or incident;
(b)
examine the wreckage;
(c)
obtain information from witnesses and suggest areas for questioning;
(d)
have access to all relevant evidence;
(e)
receive copies of all relevant documents, books, notes, photographs, recordings and transcripts;
(f)
participate in readouts of recorded media;
(g)
participate in component examinations, technical briefings, tests and simulations and other investigative activities;
(h)
participate in deliberations on the analysis, findings, cause or causes and safety recommendations; and
(i)
make submissions in respect of the various elements of the investigation.
(3) Should the Republic of South Africa be the State of Occurrence, the Commissioner may, in consultation with the investigator-in-charge, accept the designation or appointment of an adviser for the purpose of assisting the accredited representative in the investigation of an accident or incident.
(4) The conditions and requirements for and the rules, procedures and standards connected with a designation referred to in sub-regulation (1) and (2) shall be as prescribed in Document SA-CATS-ACCID and INCID.
Establishment of confidential aviation hazard reporting system
12.01.8 (1) The designated body or institution referred to in regulation 12.01.2, shall establish a confidential aviation hazard reporting system to promote aviation safety or reduce the risk of accidents or incidents.
(2) The requirements for and the procedures of a confidential aviation hazard reporting system and the manner in which such system shall be operated, shall be as prescribed in Document SA-CATS-ACCID and INCID.
(3) Any person who exercises or has exercised any function in terms of the confidential aviation hazard reporting system, shall not disclose any information which he or she obtained in the performance of such function which could identify the originator of the notice referred to in regulation 12.02.5.
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