Civil Aviation Act, 2009 (Act No. 13 of 2009)Chapter 4Part 6 : Rules64. Rules |
| (1) | The Aviation Safety Investigation Board may make rules— |
| (a) | prescribing the manner in which to exercise or carry out any of its powers, duties and functions under this Act and, generally, for its efficient operation; |
| (b) | regulating the keeping and preservation of records, documents and other evidence relating to aircraft accidents and aircraft incidents; |
| (c) | regulating the attendance of interested persons at tests to destruction conducted under section 35; |
| (d) | defining, for the purposes of an investigation, the site or sites of an aircraft accident or aircraft incident and for the protection of those sites; |
| (e) | for defining the rights or privileges of persons attending investigations as accredited representatives, advisers, experts, and observers or with observer status; |
| (f) | regarding the tariff of fees and expenses to be paid to any witness attending at an investigation or at a public inquiry conducted under section 38 and the conditions under which a fee or expenses may be paid to any such witness; |
| (g) | regarding the procedures and rules to be followed in conducting public inquiries under section 38; |
| (h) | regarding the tariff of travel and living expenses to be paid to any member or member of staff of the Aviation Safety Investigation Board; and |
| (i) | generally for carrying out the purposes and provisions of this Act. |
| (2) | A copy of each rule that the Aviation Safety Investigation Board proposes to make under subsection (1) must be published in the Gazette at least 90 days before the proposed effective date, and within that 90 days interested persons are given an opportunity to make representations to the Aviation Safety Investigation Board. |
| (3) | Subsection (2) does not apply in respect of a proposed rule that— |
| (a) | has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection; or |
| (b) | makes no substantive change to an existing rule. |