The Regulation is prescribed pursuant to Article 36 of the Aviation Occurrence Investigation Act (hereinafter referred to as the “Act”) and shall apply to the investigation of aviation occurrences for ultra-light vehicle.
The terms used in the Regulation shall be defined as follows:
1. “Activity Association for Ultra-light Vehicle” (hereinafter referred to as “Activity Association”): A community group that has completed the applicable approval procedures and registrations for a legal entity pursuant to Article 99, first paragraph of the Civil Aviation Act.
2. “The Owner of the Ultra-light Vehicle”: Any natural person or legal entity that owns an ultra-light vehicle, and whose application has been approved pursuant to the applicable provisions of the “Regulation Governing the Supervision of Ultra-light Vehicle” as prescribed by the Civil Aeronautics Administration of the Ministry of Transportation and Communications (hereinafter referred to as the “CAA”).
3. “The Operator of the Ultra-light Vehicle”: Any person that has acquired an “operating license for ultra-light vehicle” pursuant to the applicable provisions of the “Regulation Governing the Supervision of Ultra-light Vehicle” as prescribed by the CAA.
4. “Injury”: Hospitalization for more than forty-eight (72) hours is required within upon occurrence of the injury.
5. “Substantial damage”: Any irreparable damage to an ultra-light vehicle.
6. “Missing”: Fail to recover the wreckage of the ultra-light vehicle at the conclusion of the search efforts as determined by the Aviation Safety Council (hereinafter referred to as the “ASC”).
7. “Officer-on-Duty”: Investigator of the ASC who shall be on duty by turns around the clock and be responsible for the notification of aviation occurrences.
8. “Investigator-In-Charge”: An aviation safety investigator who, after an aviation occurrence arises, is designated by the ASC to conduct the investigation of the aviation occurrence.
9. “Investigation Task Force”: An investigation team established by the Investigator-In-Charge, which shall, during the investigation, submit to the direction of the Investigator-In-Charge in conducting relevant operations.
After an aviation occurrence of an ultra-light vehicle arises, the activity association, the owner of the ultra-light vehicle and the operator of the ultra-light vehicle and the government authorities (organizations) concerned shall promptly notify the ASC’s officer-on-duty of the known situations of the occurrence.
The activity association, the owner of the ultra-light vehicle and the operator of the ultra-light vehicle, and the government authorities (organizations) concerned shall issue a notification in the event of any of the following occurrences:
1. Death or injury of any person;
2. The vehicle is missing or is inaccessibility;
3. Substantial damage; or
4. Severe damage to or destruction of any property due to an ultra-light vehicle or any part that came off the ultra-light vehicle.
After an aviation occurrence of an ultra-light vehicle arises, the activity association, the owner of the ultra-light vehicle and the operator of the ultra-light vehicle and the government authorities (organizations) concerned shall, in addition to assisting and cooperating with the investigation task force in conducting its tasks, provide any requirement and support demanded by Investigator-In-Charge
Investigator-In-Charge may consent to necessary clearance of the site of the aviation occurrence in order to prevent injury to any member of the general public and environmental pollution.
Pursuant to Article 14 of the Act, the ASC may have priority in taking custody of the relevant evidence. In the course of the investigation, it may return to the activity association concerned or the owner of the ultra-light vehicle and the operator of the ultra-light vehicle such evidence as are no longer necessary to be investigated.
After the investigation report is released, the ASC shall promptly return to the activity association concerned or the owner of the ultra-light vehicle such relevant materials and articles as the ultra-light vehicle, wreckage, documents and manuals.
In case of any involvement of death or injury of any person in an aviation occurrence of ultra-light vehicle vehicle, the ASC may not return relevant materials and articles to the activity association concerned or the owner of the ultra-light vehicle until the prosecutorial authority gives its consent. .
The ASC may interview the relevant personnel pursuant to Article 18 of the Act.
The public disclosure of recordings or records of the interview and any restricted documents in respect to any situation described in Articles 21 and 22 of the Act or the subparagraphs of first paragraph of Article 18 of the Freedom of Government Information Law, shall be limited.
Any activity association of ultra-light vehicle as well as any unit or individual subjected to investigation, may file a written application for presenting at the board meeting ASC within fifteen (15) days after receipt of a draft of the investigation report release by the ASC.
The Regulation shall become effective as of the date of promulgation.