| (1) |
The Executive responsible for aircraft accident accident and incident investigation may— |
| (a) |
designate an accredited representative, for the purposes of investigating an accident or incident involving a South African registered aircraft in a territory of another State; |
| (b) |
accept the accreditation or appointment of an accredited representative of the State of Registry, State of the Operator, State of Design, State of Manufacture or a State which provides information, facilities or experts to the investigation for the purposes of participating in investigating an aircraft accident or incident in the territory of the Republic; and |
| (c) |
invite a State that provides an operational base for field investigation, is involved in search and rescue or wreckage recovery operations, or is involved as a State of a code-share or alliance partner of the air service operator, to appoint an accredited representative to participate in the investigation conducted in the Republic. |
[Regulation 12.01.6(1) substituted by regulation 4(a) of Notice No. R. 432, GG 40846, dated 19 May 2017 (Sixteenth Amendment of the Civil Aviation Regulations, 2017)]
| (2) |
The conditions and requirements for and the rules, procedures and standards connected with a designation or acceptance referred to, shall be as prescribed in Document SA-CATS 12. |
| (3) |
An accredited representative designated or accepted in terms of subregulation (1) may participate in the investigation of the accident or incident under the control of the investigator-incharge. |
| (4) |
An accredited representative designated or accepted in terms of subregulation (1) may, under the control of the investigator-in-charge— |
| (a) |
visit the scene of the accident; |
| (b) |
examine the wreckage; |
| (c) |
obtain witness information and suggest areas of questioning; |
| (d) |
have access to all relevant evidence; |
| (e) |
receive copies of all relevant documents, books, notes, photographs, recordings and transcripts; |
| (f) |
participate in readouts of recorded media; |
| (g) |
participate in component examinations, technical briefings, tests and simulations and other investigative activities; |
| (h) |
participate in deliberations on the analysis, findings, cause or causes and safety recommendations; and |
| (i) |
make submissions in respect of the various elements of the investigation. |
| (5) |
An accredited representative designated or accepted in terms of subregulation (1) shall not circulate, publish or give access to a draft report or any part thereof, or any documents obtained during an investigation of an accident or incident, without the express consent of the State which conducted the investigation, unless such reports or documents have already been published or released by the State conducting the investigation. |
| (6) |
If neither a State of Design nor a State of Manufacture appoint an accredited representative for the purposes of investigating an accident or incident involving a South African registered aircraft in a territory of another State . the Executive responsible for Aircraft Accident and Incident investigation shall invite organisations responsible for type design and final assembly of such aircraft to participate in an investigation. |
[Regulation 12.01.6 inserted by regulation 4(e) of Notice No. R. 3169, GG 48228, dated 17 March 2023 (Twenty-Fifth Amendment of the Civil Aviation Regulations, 2023)]
Protection of Businesses Act, 1978
