Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 12 : Aviation Accidents and IncidentsSubpart 1 : General12.01.1B Instituting investigation |
[Regulation 12.01.1B heading inserted by regulation 4(a) of Notice No. R. 3169, GG 48228, dated 17 March 2023 (Twenty-Fifth Amendment of the Civil Aviation Regulations, 2023)]
| (1) | The Executive responsible for Aircraft Accident and Incident investigation shall institute and conduct an investigation into the circumstances of an accident or a serious incident involving an aircraft with a maximum mass greater than 2 250 kg. |
| (2) | Notwithstanding the provisions of subregulation (1), the Executive responsible for Aircraft Accident and Incident investigation may recommend, to the Minister, to delegate to another State or regional accident and incident investigation organisation, the whole or a part of an investigation into an accident or serious incident. |
| (3) | If a State of Occurrence decides not to investigate an accident or serious incident, the Executive responsible for Aircraft Accident and Incident investigation shall request such State to delegate investigation of such accident or a serious incident involving an aircraft with a maximum mass greater than 2 250 kg to the Republic, where the Republic is a State of Registry, State of an Operator, State of Design, or State of Manufacture. |
| (4) | If a State of Occurrence referred to in sub regulation (3), grants consent to investigate or where a response is not obtained within 30 days, the Executive responsible for Aircraft Accident and Incident investigation shall institute and conduct investigation with such information as is available. |
| (5) | 1f an investigation is delegated in terms of subregulation (1), the Executive responsible for Aircraft Accident and Incident investigation shall remain responsible for the obligations stipulated under this Part. |
| (6) | If the Republic is a State of Occurrence, the Executive responsible for Aircraft Accident and Incident investigation shall, upon request, issue an invitation letter to facilitate entry of any accredited representative, adviser, and equipment as necessary. |
[Regulation 12.01.1B inserted by regulation 4(d) of Notice No. R. 3169, GG 48228, dated 17 March 2023 (Twenty-Fifth Amendment of the Civil Aviation Regulations, 2023)]