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

Regulations

Civil Aviation Regulations, 2011

Part 12 : Aviation Accidents and Incidents

Subpart 1 : General

12.01.1A Independence of investigation

[Regulation 12.01.1A heading substituted by regulation 4(a) of Notice No. R. 3169, GG 48228, dated 17 March 2023 (Twenty-Fifth Amendment of the Civil Aviation Regulations, 2023)]

 

(1) The  Executive  responsible for Aircraft Accident  and Incident investigation shall have  independence  and  unrestricted  authorit y  in conductin g of  investigation consistent with the provisions of this Part.

 

(2) An aircraft accident. or incident investigation shall include—
(a) gathering, recording, and analysis of all available information on an accident or incident;
(b) effective use of flight recorders and ground-based recordings in an investigation; and
(c) issuing of a final  report which contains probable cause of an accident, contributing factors, and where necessary, safety recommendation.

 

(3) The Executive responsible for Aircraft Accident and Incident investigation or an investigator designated by the Executive responsible for Aircraft Accident and Incident investigation shall be granted unrestricted access to all available evidential material without delay.

 

(4) An investigation conducted in terms of this Part shall not seek to apportion blame or liability and shall  be  separate from other investigations for judicial or administrative  proceedings.

 

[Regulation 12.01.1A inserted by regulation 4(c) of Notice No. R. 3169, GG 48228, dated 17 March 2023 (Twenty-Fifth Amendment of the Civil Aviation Regulations, 2023)]