S.I. No. 19/1957 - Air Navigation (Investigation of Accidents) Regulations, 1957.

S.I. No. 19 of 1957.

AIR NAVIGATION (INVESTIGATION OF ACCIDENTS) REGULATIONS, 1957.

I, WILLIAM NORTON, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 60 of the Air Navigation and Transport Act, 1936 (No. 40 of 1936), hereby order as follows :—

1 Short title and Commencement.

1.—(1) These Regulations shall be cited as the Air Navigation (Investigation of Accidents) Regulations, 1957.

(2) These Regulations shall come into operation on the twenty-third day of February, 1957.

2 Definitions.

2. In these Regulations—

" accident " includes any fortuitous or unexpected event by which the safety of an aircraft or any person is threatened ;

" Act " means the Air Navigation and Transport Act, 1936 ;

" Court " has the meaning given to it by paragraph (3) of Regulation 10 ;

" Inspector of Accidents " has the meaning given to it by paragraph (1) of Regulation 7 ;

" owner " means in relation to a registered aircraft the registered owner ;

" substantial damage " includes any damage which necessitates the replacement or extensive repair of any major component ;

references to the State include references to its territorial seas.

3 Revocations.

3. The following Regulations are hereby revoked :

(a) the Air Navigation (Investigation of Accidents) Regulations, 1928 ( S. R. & O. No. 21 of 1928 ) ;

(b) the Air Navigation (Investigation of Accidents) Regulations, 1928 (Amendment) Regulations, 1943 ( S. R. & O. No. 288 of 1943 .)

4 Application of these Regulations.

4. These Regulations shall apply to accidents arising out of or in the course of air navigation—

(i) which occur in or over the State, or

(ii) which occur elsewhere to aircraft registered in the State.

5 Notification of accidents.

5.—(1) When an accident to which these Regulations apply happens between the time when any person boards the aircraft with the intention of flight and the time when all such persons have disembarked therefrom and such accident involves death or serious injury to any person, whether carried in the aircraft or not, or substantial damage to the aircraft, the pilot, or, if the pilot is incapacitated, the owner of the aircraft or the hirer in the case of an aircraft which is engaged on hire at the time of the accident shall send notice thereof to the Secretary of the Department of Industry and Commerce by the quickest means of communication available and notify forthwith the Garda Síochána or the local police authorities if the accident occurs outside the State.

(2) The notice required by paragraph (1) of this Regulation shall state—

(i) type, nationality and registration marks of the aircraft;

(ii) name of owner, operator and hirer, if any, of the aircraft ;

(iii) name of the pilot in command of the aircraft ;

(iv) date and Greenwich Mean Time of the accident ;

(v) position of the accident with reference to some easily defined geographical point ;

(vi) nature of the accident and the extent of the damage to the aircraft, if known ;

(vii) number of persons, if any, killed, and number of persons, if any, seriously injured ;

(viii) last point of departure and next point of intended landing of the aircraft.

(3) If the particulars specified in paragraph (2) of this Regulation are not readily available at the time of the accident the notice shall contain such of the particulars as are available and a further notice containing the remaining particulars shall be furnished as soon as possible afterwards.

6 Access to and removal of aircraft.

6.—(1) Where an accident to which these Regulations apply occurs in or over the State and involves substantial damage to the aircraft or death or serious injury to any person no person other than a member of the Garda Síochána or an officer of Customs and Excise or a person authorised by the Minister either generally or specially for that purpose shall have access to the aircraft involved in the accident and the aircraft or any part thereof shall not, except under the authority of the Minister or of a person so authorised, be removed or otherwise interfered with.

(2) Notwithstanding paragraph (1)—

(a) the aircraft or any part thereof may be removed or interfered with so far as may be necessary for the purpose of extricating persons or animals involved, removing any mails carried by the aircraft, preventing destruction by fire or other cause, or preventing any danger or obstruction to the public or to air navigation or to other transport ; and

(b) goods or passengers' baggage may be removed from the aircraft under the supervision of a member of the Garda Síochána, but, in the case of an aircraft which has come from a place outside the State, shall not be removed from the vicinity of the aircraft except with the consent of an officer of Customs and Excise; and

(c) the aircraft or any part or contents thereof, if lying in a position of danger, may be removed to such extent as may be necessary for bringing it or them to a place of safety.

(3) The Minister, or an Inspector of Accidents appointed by the Minister, may authorise any person, so far as may be necessary for the purposes of any investigation or inquiry under these Regulations, to take measures for the preservation of the aircraft or any part thereof and any other material evidence and to have access to, examine, remove or otherwise deal with the aircraft or any part thereof.

(4) Where, however, the Minister has directed the holding of a public inquiry no person (other than the Inspector of Accidents) shall have access to or examine or otherwise deal with the aircraft or any part thereof or remove the aircraft or any part thereof or any material evidence save with the consent of the Court.

7 Preliminary Investigation.

7.—(1) The Minister may appoint a person (in these Regulations referred to as an Inspector of Accidents) or more than one such person generally or specially to carry out an investigation (in these Regulations referred to as a preliminary investigation) into any accident to which these Regulations apply, and the remuneration, if any, of an Inspector of Accidents shall be determined by the Minister with the approval of the Minister for Finance.

(2) The Minister may appoint one or more persons, being aeronautical, radio, meteorological or other experts, to act as technical advisers to an Inspector of Accidents during the holding of a preliminary investigation and may direct that the technical advisers shall receive such remuneration, if any, as the Minister, with the approval of the Minister for Finance, may determine.

(3) An investigation under this Regulation shall be conducted in such manner that if a charge is made or is likely to be made against any person, that person, or if he be deceased his legal personal representative, shall have an opportunity of being present and of making any statement, or giving any evidence and producing witnesses.

8 ..

8.—(1) For the purpose of a preliminary investigation an Inspector of Accidents shall have power—

(a) by summons under his hand, to require the attendance of all such persons as he thinks fit to call before him and examine for the purpose of his report, and to require answers or returns to any inquiries he thinks fit to make ;

(b) to require any such person to make and sign a declaration of the truth of the statements made by him in his examination ;

(c) to require any person to produce any books, papers, documents and articles which he may consider relevant and to retain such books, papers, documents and articles for such time as they may reasonably be required ;

(d) to have access to and examine any aircraft concerned in the accident and the place where the accident occurred and to remove, test, take measures for the preservation of or otherwise deal with the aircraft or any part thereof or anything contained therein ;

(e) to take measures for the preservation of evidence ;

(f) to enter and inspect any place or building, as may be necessary.

(2) Every person other than the owner or operator or hirer of any aircraft concerned in the accident or any person in his employment summoned as a witness by the Inspector of Accidents in accordance with this Regulation may be allowed such expenses as the Minister with the approval of the Minister for Finance may determine.

(3) Preliminary investigations shall be held in private.

9 ..

9.—(1) Upon concluding his preliminary investigation the Inspector of Accidents shall make a report thereon to the Minister, who may cause the whole or any part of such report to be made public in such manner as he thinks fit.

(2) A report under this Regulation may include a recommendation for the cancellation, suspension or endorsement of any licence or certificate or as to any action which might be taken to prevent any similar accident in future.

10 Public inquiry.

10.—(1) Where it appears to the Minister that it is expedient to hold a public inquiry of an accident to which these Regulations apply, he may, whether or not a preliminary investigation is taking or has taken place, by order direct a public inquiry to be held ; and with respect to any such public inquiry the following provisions of this Regulation shall have effect.

(2) The preliminary investigation, if any, relating to the accident shall be discontinued.

(3) The Minister shall appoint a competent person, in this Order referred to as " the Court ", to hold the inquiry, and may appoint one or more persons possessing legal, aeronautical, engineering or other special knowledge to act as assessors.

(4) The Court and the assessors shall receive such remuneration as the Minister, with the approval of the Minister for Finance, may determine.

(5) Save to the extent to which the Court is of opinion that in the interests of justice or in the public interest any part of the evidence or any argument relating thereto should be heard in camera, the inquiry shall be held in open court in such manner and under such conditions as the Court may think most effectual for ascertaining the causes and circumstances of the accident and enabling the Court to make the report hereinafter mentioned.

(6) The Court shall have for the purpose of the inquiry all the powers of a Court of summary jurisdiction when acting as a Court in the exercise of its ordinary jurisdiction and without prejudice to those powers the Court may—

(a) enter and inspect, or authorise any person to enter and inspect, any place or building the entry or inspection whereof appears to the Court requisite for the purposes of the inquiry;

(b) by summons, require the attendance as witnesses of all such persons as the Court thinks fit to call and examine, and require such persons to answer any question or furnish any information or produce any books, papers, articles and documents which the Court may consider relevant ;

(c) administer an oath to any such witness, or require any witness to make and sign a declaration of the truth of the statements made by him in his examination.

(7) The assessors shall have the like powers of entry and inspection as are conferred by this Regulation on the Court.

(8) When the Minister has directed a public inquiry to be held he shall remit the case to the Attorney General and thereafter the preparation and presentation of the case shall be conducted by the Chief State Solicitor under the direction of the Attorney General.

(9) The inquiry shall be conducted in such a manner that, if a charge is made against any person, that person, or if he be deceased his legal personal representative, shall have an opportunity of making a defence.

(10) The Minister may appoint an Inspector of Accidents to assist the Court and the Attorney General in the conduct of an inquiry and for this purpose such Inspector shall, subject to the directions of the Court, have all the powers conferred by Regulation 8 of these Regulations on an Inspector of Accidents.

(11) Every person attending as a witness before the Court shall be allowed such expenses as would be allowed to a witness attending before the High Court, and in case of dispute as to the amount to be allowed, the same shall be referred by the Court to a Taxing Master of the High Court, who on request signed by the Court shall ascertain and certify the proper amount of the expenses ; but in the case of any party to the proceedings any such expenses may be disallowed if the Court in its discretion so directs.

(12) The Court shall make a report to the Minister stating its findings as to the cause of the accident and the circumstances thereof, and any observations and recommendations which the Court thinks fit to add with a view to the preservation of life and the avoidance of similar accidents in future, including a recommendation for the cancellation, suspension or endorsement of any licence or certificate or other documents.

(13) The assessors (if any) shall either sign the report with or without reservations or state in writing their dissent therefrom and their reasons for such dissent, and such reservations or dissent and reasons (if any) shall be forwarded to the Minister with the report, and the Minister may cause any such report and reservations or dissent and reasons (if any) to be made public, wholly or in part, in such a manner as he thinks fit.

(14) If the Court finds that the accident was due to the act or default or negligence of any party or of any person in the employment of that party, the Court may order that that party shall bear the whole or any part of the costs and expenses of the inquiry and of any other party or parties appearing or summoned before it ; and any such order shall, on the application of any person entitled to the benefit thereof, be enforced by a Court of Summary Jurisdiction as if the costs and expenses were a penalty imposed by that Court, but, subject to any such order and to paragraph (11) of this Regulation, every party appearing or summoned before the Court shall bear his own costs and expenses, and the costs and expenses of the inquiry shall be deemed to be part of the expenses of the Minister in the exercise of his powers under the Act.

(15) When a public inquiry has been ordered the Attorney General may cause a notice, to be called a notice of inquiry to be served upon the owner, operator, hirer and person in command of any aircraft involved in the accident, as well as upon any person who in his opinion ought to be served with such notice.

(16) The Attorney General, the owner, the operator, the hirer, the person in command and any other person upon whom a notice of inquiry has been served, shall be deemed to be parties to the proceedings.

(17) Any other person, including the Minister, may by leave of the Court appear, and any person who so appears shall thereupon become a party to the proceedings.

(18) The proceedings on the inquiry shall commence with the submission on behalf of the Attorney General of the questions which on the information then in his possession he intends to raise on the conclusion of the evidence, and shall be followed by the production and examination of witnesses produced by the Attorney General. These witnesses, after being examined on behalf of the Attorney General, may be cross-examined by the parties in such order as the Court may direct, and may then be re-examined on behalf of the Attorney General.

(19) When the examination of the witnesses produced by the Attorney General has been concluded, the Attorney General shall state the questions in reference to the accident upon which the opinion of the Court is desired. The Court may make such modifications in or omissions from the questions so stated and put such additional questions as the Court thinks proper.

(20) Each party to the proceedings shall be entitled to address the Court and produce witnesses or recall any of the witnesses who have already been examined for further examination and generally adduce evidence. The parties shall be heard and their witnesses examined, cross-examined and re-examined in such order as the Court shall direct. Further witnesses may also be produced and examined on behalf of the Attorney General and may be cross-examined by the parties and re-examined on behalf of the Attorney General. Every witness produced by any party may be cross-examined on behalf of the Attorney General and, by permission of the Court, every witness produced by the Attorney General may be cross-examined on behalf of the Attorney General as if that witness had originally been produced by another party.

(21) When the whole of the evidence in relation to the questions for the opinion of the Court has been concluded any of the parties who desires so to do may adress the Court upon the evidence and the Court may be addressed in reply upon the whole case on behalf of the Attorney General.

(22) The Court may adjourn the inquiry from time to time and from place to place, and where an adjournment is asked for by any party to the inquiry, the Court may impose such terms as to payment of costs or otherwise as the Court may think just as a condition of granting the adjournment.

(23) Any notice, summons or other document issued under this Regulation may be served by sending the same by registered post to the last known address of the person to be served.

(24) The service of any notice, summons or other document may be proved by the oath or affidavit of the person by whom it was served.

11 Rehearing of Public Inquiry.

11. (1) The Minister may, in any case where a public inquiry has been held, direct a rehearing of the inquiry either generally or as to any part thereof and shall do so—

(a) if important evidence which could not be produced at the inquiry has been discovered, or

(b) if for any other reason there is in his opinion ground for suspecting that a miscarriage of justice has occurred.

(2) If the Minister directs any inquiry to be reheard it shall be reheard either by the Court by whom the inquiry was heard in the first instance or by some person appointed by the Minister to hold he rehearing.

(3) Any rehearing shall be subject to and conducted in accordance with the provisions of these Regulations relating to the holding of a public inquiry.

12 Investigation of accident to aircraft of another State.

12. When an accident occurs in or over the State to an aircraft registered in another State—

(a) an accredited representative of the State in which the aircraft is registered together with such technical and other advisers as may be considered necessary by the State concerned may take part in the preliminary investigation or the public inquiry as the case may be ;

(b) any other State which has furnished the Minister with information relevant to the accident may appoint a accredited representative and advisers to take part in the preliminary investigation or the public inquiry as the case may be ;

(c) nothing in these Regulations shall prevent the Minister from delegating the investigation of the accident to the competent authority of the State in which the aircraft is registered.

13 General.

13. (1) A person shall not obstruct or impede the Court or an Inspector of Accidents or an assessor or any person acting under the authority of the Minister in the exercise of any powers or duties under these Regulations.

(2) A person shall not without reasonable excuse (proof whereof shall lie on him) fail, after having had the expenses, if any, to which he is entitled tendered to him, to comply with any summons or requisition of a Court or an Inspector of Accidents holding an investigation or inquiry under these Regulations.

GIVEN under my Official Seal, this 9th day of February, 1957.

WILLIAM NORTON,

Minister for Industry and Commerce.

EXPLANATORY NOTE

These Regulations, made under Section 60 of the Air Navigation and Transport Act, 1936 (No. 40 of 1936) revoke and replace the Air Navigation (Investigation of Accidents) Regulations, 1928 as amended by the Air Navigation (Investigation of Accidents) Regulations, 1928 (Amendment) Regulations 1943. These Regulations revise and amplify the provisions of the revoked Regulations to accord with current requirements and to bring them into line with Annex 13 of the International Civil Aviation Convention.

The Regulations provide in detail the procedures to be followed at Public Inquiries into aircraft accidents.