Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 12 : Aviation Accidents and IncidentsSubpart 4 : Scene of an Accident12.04.6 Protection of accident and incident investigation records |
[Regulation 12.04.6 heading substituted by regulation 5(e) of Notice No. R. 409, GG 40831, dated 5 May 2017 (Fifteenth Amendment of the Civil Aviation Regulations, 2017)]
| (1) | The following records shall not be made available for purposes other than accident or incident investigation, unless a court of law determines that their disclosure or use outweighs the likely adverse domestic and international impact such action may have on that or future investigation, taking into account all applicable law: |
| (a) | cockpit voice recordings, airborne image recordings and any transcripts from such recordings; |
| (e) | all records in the custody of or control of the accident investigation authority including– |
| (i) | all statements taken from persons by an investigator in the course of the investigation; |
| (ii) | all records of communications between persons having been involved in the operation of the aircraft; |
| (iii) | names, medical and private information regarding persons involved in the accident or incident; |
| (iv) | recordings and transcripts of recordings from air traffic control units; |
| (v) | analysis of and opinions made in the investigation about information, including information obtained from flight recorders and ATC recordings; and |
| (vi) | a draft final report of an accident or incident investigation. |
[Regulation 12.04.6(1) substituted by regulation 5(e) of Notice No. R. 409, GG 40831, dated 5 May 2017 (Fifteenth Amendment of the Civil Aviation Regulations, 2017)]
| (2) | The records referred to in subregulation (1) shall be included in the final report or its appendices only when pertinent to the analysis of the accident or incident. |
| (3) | Parts of the record not relevant to the analysis shall not be disclosed. |
| (4) | The Executive responsible for aircraft accident and incident investigation shall determine whether any other records obtained or generated as part of an accident or incident investigation require protection in the same manner as the records mentioned in subregulation (1). |
[Regulation 12.04.6(4) inserted by regulation 4(e) of Notice No. R. 432, GG 40846, dated 19 May 2017 (Sixteenth Amendment of the Civil Aviation Regulations, 2017)]
| (5) | Subject to regulation 12.04.7, a statement or information obtained from any person regarding aircraft accident and incident investigation shall not be used against the person who made it in any legal, disciplinary or other proceedings. |
[Regulation 12.04.6(5) inserted by regulation 4(e) of Notice No. R. 432, GG 40846, dated 19 May 2017 (Sixteenth Amendment of the Civil Aviation Regulations, 2017)]
| (6) | The Executive responsible for aircraft accident and incident investigation shall ensure that requests for records in his or her custody or control are directed to the original source of the information. |
[Regulation 12.04.6(6) inserted by regulation 4(e) of Notice No. R. 432, GG 40846, dated 19 May 2017 (Sixteenth Amendment of the Civil Aviation Regulations, 2017)]
| (7) | The Executive responsible for aircraft accident and incident investigation shall retain copies of records obtained in the course of an investigation for a period of not less than five years. |
[Regulation 12.04.6(7) inserted by regulation 4(e) of Notice No. R. 432, GG 40846, dated 19 May 2017 (Sixteenth Amendment of the Civil Aviation Regulations, 2017)]
| (8) | The Executive responsible for aircraft accident and incident investigation shall take measures to ensure that audio content of cockpit voice recordings and image and audio content of airborne image recordings are not disclosed to the public. |
[Regulation 12.04.6(8) inserted by regulation 4(e) of Notice No. R. 432, GG 40846, dated 19 May 2017 (Sixteenth Amendment of the Civil Aviation Regulations, 2017)]
| (9) | The Executive responsible for aircraft accident and incident investigation shall ensure that a draft final report issued or received in terms of this Part is not disclosed to the public. |
[Regulation 12.04.6(9) inserted by regulation 4(e) of Notice No. R. 432, GG 40846, dated 19 May 2017 (Sixteenth Amendment of the Civil Aviation Regulations, 2017)]
| (10) | The Executive responsible for Aircraft Accident and Incident investigation shall cooperate with Accident Investigation Authorities of other States to determine the limitations on disclosure or the use of information before exchanging such information for the purposes of an accident or incident investigation. |
[Regulation 12.04.6(10) inserted by regulation 3(d) of Notice No. R. 3170, GG48228, dated 17 March 2023 (Twenty-Sixth Amendment of the Civil Aviation Regulations, 2023)]