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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 5 : Preliminary Report, Final Report and Reopening of Investigation

12.05.1A Final Report

 

(1) An  investigator-in-char ge  shall  compile a  draft  final  report  in a manner prescribed  in  Document  SA-CATS  12  and  submit  to  the    Executive responsible for Aircraft Accident and Incident investigation.

 

(2) The Executive responsible for Aircraft Accident and Incident investigation shall send a copy of a draft final report to—
(a) State that instituted an investigation, in case such investigation has been  instituted by another State;
(b) a State of Design;
(c) a State of Manufacture;
(d) a State of Operator;
(e) a State of Registry;
(f) any other State that partici pated in such investigation;
(g) an operator, through a State of such operator;
(h) an organisation responsible for type design and final assembly of an aircraft concerned, through a State of such organisation.

 

(3) The  Executive responsible for Aircraft  Accident  and  Incident investigation shall notify a recipient of a draft final report referred to in subregulation (2) that such a report is submitted solely for comments within a period of 60 days and that sharing of such a report without a written permission is prohibited.

 

(4) If the Executive responsible for Aircraft Accident and Incident investigation decides not to incorporate  any  of  the  comments  received, and if so desired  by a State that provided such comments, the Executive responsible for Aircraft Accident and Incident investigation shall a ppend such comments to a final report.

 

(5) The Executive responsible for Aircraft  Accident  and  Incident investigation shall consider comments on a draft final report received within 60 days and amend, as necessary, such a draft final report to include substance of comments received.

 

(6) If the Executive responsible for Aircraft Accident and Incident investigation decides not to incorporate any of  the comments received, and if so desired by a State that provided such comments, the Executive responsible for Aircraft Accident and Incident investigation shall a ppend such comments to a final report.

 

(7) The Executive responsible for Aircraft  Accident and Incident investigation shall prepare and publish a final report on the findings of an investigation on the Authority website within 12 months from the date of an occurrenc .

 

(8) Where it is not possible to publish a final repor  within 12 months as prescribed in subregulation (6), the Executive responsible for Aircraft  Accident and Incident investigation shall issue an Interim Statement on an  anniversary of such occurrence, detailing the progress of an  investigation, established factual information, and any safety issue raised.

 

(9) The Executive responsible for Aircraft  Accident  and  Incident investigation shall send a final report of an investigation, without  dela y, to—
(a) a State that instituted an investigation, if such investigation was instituted by another State;
(b) a State of Registry;
(c) a State of Operator;
(d) a State of Design;
(e) a State of Manufacture;
(f) a State that partici pated in an investigation;
(g) a State whose citizen has suffered fatality or serious injury,
(h) a State that  provided  relevant  information, significant facility, or expert; and
(i) ICAO, if an accident or incident involves an aircraft having a maximum mass of greater than 5 700 kg.

 

[Regulation 12.05.1A inserted by regulation 4(j) of Notice No. R. 3169, GG 48228, dated 17 March 2023 (Twenty-Fifth Amendment of the Civil Aviation Regulations, 2023)]