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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

12.01.8 Designation of experts

 

(1) The Minister may appoint an expert, where a citizen of the Republic of South Africa is fatally injured or has suffered serious injuries in an aircraft accident or incident involving a foreign registered aircraft in the territory of a contracting or non-contracting State.

 

(2) The Minister shall inform the State of Occurrence of the intention to appoint experts to participate in the investigation of the occurrence.

 

(3) The Minister may accept the appointment of an expert from any State, whose citizens were fatally injured or suffered serious injuries in a South African or a foreign registered aircraft accident or incident in the territory of the Republic.

 

(4) The expert referred to in subregulation (3) may, under the control of the investigator-in-charge:
(a) visit the scene of the accident;
(b) have access to the relevant factual information;
(c) participate in the identification of the victims;
(d) assist in questioning surviving passengers who are citizens of the expert's State; and
(e) receive a copy of the final report.

 

(5) An expert appointed in terms of subregulation (1) or accepted in terms of subregulation (3) 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) The conditions, requirements, rules, procedures and standards connected with a designation or acceptance of expert referred to in subregulations (1) and (3), shall are prescribed in Document SA-CATS 12.

 

[Regulation 12.01.8 substituted by regulation 4 of Notice No. R. 533, GG 36712, dated 30 July 2013 (Second Amendment of the Civil Aviation Act, 2011)]