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Civil Aviation Act, 2009 (Act No. 13 of 2009)

Chapter 4

Part 3 : Functions and Powers of Aviation Safety Investigation Board, Powers of Director of Investigations and Investigators, Notification of Aircraft Accidents and Aircraft Incidents by Departments and Attendance and Observers at Investigations

33. Designation and powers of investigators

 

(1) The Director of Investigations may designate an investigator in charge and any number of investigators to investigate any aircraft accident or aircraft incident in the Republic.

 

(2) An investigator designated in terms of subsection (1) has authority to—
(a) have unrestricted access to and control over an aircraft which has been involved in an aircraft accident or aircraft incident, the wreck or wreckage, the place where the aircraft, the wreck or wreckage is located and the places where marks resulting from the aircraft accident or aircraft incident which may be of assistance in an investigation, are located;
(b) preserve an aircraft which has been involved in an aircraft accident or aircraft incident or the wreck or wreckage, any remains and any marks resulting from the aircraft accident or aircraft incident which may be of assistance in the investigation, by any means available, including photographic means;
(c) examine an aircraft involved in an aircraft accident or aircraft incident, the wreck or wreckage, any part or component thereof or any item transported therein or any marks resulting from the aircraft accident or aircraft 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 any item transported therein for the purpose of the investigation or for an inquiry in terms of section 69 or 70;
(d) compile reports in connection with the investigation;
(e) have unrestricted access to all documents, including relevant medical records, books, notes, photographs, recordings and transcripts which the investigator-in-charge may consider necessary for the investigation and which must be produced without delay by the possessor thereof when so requested;
(f) obtain information and take statements, from any person, which may be necessary for the investigation;
(g) have unrestricted access to and control over all relevant evidence, including flight recorders and air traffic service recordings;
(h) summon and examine witnesses under oath and call for the production, and grant inspection, of books, logs, certificates, licences and other documents, including medical information and records, and summon any person to give evidence before it or to produce any official document or such other information or object as may be necessary for the performance of the Aviation Safety Investigation Boards functions; and
(i) regulate, prohibit and control any access to the accident scene or the accident scene of any aircraft accident or aircraft incident.

 

(3) An investigator who is investigating an aircraft accident or aircraft incident may—
(a) where the investigator believes on reasonable grounds that a person is in possession of information relevant to that investigation —
(i) by notice in writing signed by the investigator, require the person to produce the information to the investigator or to attend before the investigator and give a statement referred to in subsection (2)(f) under oath or solemn affirmation if required by the investigator; and
(ii) make such copies of or take such extracts from the information as the investigator considers necessary for the purposes of the investigation;
(b) where the investigator believes on reasonable grounds that the medical examination of a person who is directly or indirectly involved in the operation of an aircraft, or may be relevant to the investigation, by notice in writing signed by the investigator require the person to submit to a medical examination;
(c) where the investigator believes on reasonable grounds that a physician or other health practitioner has information concerning a patient that is relevant to that investigation, by notice in writing signed by the investigator require the physician or practitioner, if so authorised by the patient of such physician or practitioner, to provide that information to the investigator; or
(d) where the investigator believes on reasonable grounds that the performance of an autopsy on the body of a deceased person, or the carrying out of other medical examinations of human remains, is or may be relevant to the conduct of the investigation, cause such an autopsy or medical examination to be performed and, for that purpose, by notice in writing signed by the investigator, require the person having custody of the body of the deceased person or other human remains to permit the performance of that autopsy or that medical examination.

 

(4) The requirement under subsection (3) that a person submit to a medical examination shall not be construed as a requirement that the person submit to any procedure involving surgery, perforation of the skin or any external tissue or the entry into the body of any drug or foreign substance.

 

(5) Where an investigator has required a person to do something under subsection (3)(a), (b), (c) or (d) and the person has refused to do as required, the investigator may make an application to a court of competent jurisdiction, setting out the facts, and the court may inquire into the matter and, after giving the person an opportunity to comply with the requirement, take steps for the punishment of the person as if the person had been guilty of contempt of the court, or may make such other order as it finds appropriate.