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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

12.01.9 Powers of the Investigator in Charge or an Investigator

 

(1) In addition to any other power granted to or duty imposed on an Investigator in Charge (IIC) or an Investigator under any part of the regulations, such IIC or Investigator may—
(a) enter any premises for the purpose of examining any aircraft, aircraft factory, aerodrome, civil aviation related facility, aircraft component, aircraft equipment, licence, certificate, permit, approval, authorization, register, book or document which he or she believes to be on such premises;
(b confiscate anything, article, book, register, document, aircraft, aircraft component, aircraft equipment, licence, certificate, permit, approval or authorizations, which he or she reasonably believes will assist in the investigation process;
(c) recommend to the Minister for the grounding of any aircraft which he or she reasonably believes to be unsafe, not duly registered or not airworthy;
(d) recommend to the Minister for the closure of any aviation related facility which he or she reasonably believes does not comply with the Act or the regulations;
(e) require the pilot of an aircraft to furnish his or her name and address and any other particulars concerning his or her identity;
(f) require any person on an aerodrome or in an aircraft, aircraft factory or civil aviation related facility to furnish his or her name and address and any other particulars concerning his or her identity and to furnish such information as is at his or her disposal concerning the identity of the pilot or owner of any aircraft, or the owner of any aerodrome, aircraft factory or civil aviation related facility;
(g) require the owner or operator of an aircraft to furnish such information as may be necessary concerning the identity of the pilot of the aircraft at any time or during any particular period;
(h) inspect or investigate an aircraft, or any part, component or equipment of such aircraft, for the purpose of ascertaining whether the provisions of the regulations or a technical standard are being complied with;
(i) ascertain the mass of any aircraft with or without load;
(j) call upon any person required by the regulations to be the holder of a licence, certificate, permit, approval or authorization or, in the case of a flight crew member or an AME, his or her log-book, for inspection or investigation within a reasonable time to be stipulated by such IIC or Investigator; and
(k) call upon the owner, operator or PIC of any aircraft to produce or cause to be produced for inspection or investigation any licence, certificate, manual, log-book or other document relating to the aircraft or crew.

 

(2) Should it appear to any IIC or Investigator that any aircraft is intended or likely to be flown under circumstances where the flight would involve a contravention of the regulations, or will cause danger to persons in the aircraft or to persons or property on the ground, he or she may take such action to delay the flight or such other action as he or she may deem necessary for the purpose of causing the circumstances relating to the flight to be investigated or the aircraft to be inspected.

 

(3) If a flight has been delayed in terms of subregulation (2), the aircraft shall not be operated until the Minister is satisfied that the regulations are being complied with and that the flight will not cause danger to persons or property.

 

[Regulation 12.01.9 substituted by regulation 4 of Notice No. R. 533, GG 36712, dated 30 July 2013 (Second Amendment of the Civil Aviation Act, 2011)]