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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 6 : Accident Prevention Measures

12.06.3 Action on Safety Recommendations

 

(1) The Executive responsible for Aircraft Accident and Incident investigation shall, upon receipt of a safety recommendation from another State or organisation, implement procedures to monitor progress on action taken in response to such safet y recommendation and inform a proposing State or organisation, within 90 days of the date of transmittal of such safety recommendation of a preventive action taken or under consideration.

 

(2) The Executive responsible for Aircraft  Accident and Incident investigation shall, if no preventive action referred  to in subregulation (1) is  taken, provide reasons as to why no action will be taken.

 

(3) Executive responsible for Aircraft Accident and Incident investigation shall biannually, or upon request, provide  the Minister with a report on the implementation of safet y recommendations arising out of aircraft accident  and incident investigation.

 

(4) The Executive responsible for Aircraft Accident and Incident investigation shall, when  issuing a safety   recommendation to another State, accident investigation authority of another State, other organisations  concerned, or ICAO, during or on completion of an accident or incident investiqation—
(a) address any such safety recommendation in a dated transmittal correspondence;
(b) suggest any preventative action that he or she considers necessary to be taken promptly to enhance aviation safety; and
(c) indicate in such transmittal that  a  State  or Organisation receiving such recommendation has up to 90 days from the date of transmittal to inform the Executive responsible for Aircraft Accident and Incident investigation of preventative actions taken or planned to be taken.

 

(5) The Executive responsible for Aircraft  Accident and Incident investigation shall implement procedures to     record responses received to safety recommendations  issued in terms of this Part.

 

(6) The Executive responsible for Aircraft Accident  and  Incident  investigation shall,when issuing a safety recommendation of global concern, inform ICAO of such safety  recommendation and any response thereto in a  dated transmittal correspondence, even  when such safety recommendation is not addressed to ICAO.

 

[Regulation 12.06.3 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)]