No Support JavaScript

Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/12/12 10:08
:::

Chapter Law Content

Chapter V Investigation of Major Aviation Occurrences
Article 16
When a major aviation occurrence mentioned by the first paragraph of Article 6 arises, the TTSB shall, in reference to the rules issued by the International Civil Aviation Organization (hereinafter referred to as ICAO), notify the ICAO and the aviation occurrence investigation authority of the State of Registry, the State of the Operator, the State of Design, the State of Manufacture or the State of fatalities or injuries to its citizens in the occurrence within thirty (30) days after the identification of the occurrence.
Article 17
The Investigator-In-Charge in implementing Article 11 of the Act, shall invite an investigation team composed of representatives and experts from the following authorities (organizations) to join the investigation task force if he or she deems necessary:
1. The CAA;
2. The authorities (organizations) concerned in the occurrence;
3. The owner of the aircraft or the operator of the aircraft;
4. The aviation occurrence investigation authority of the aircraft’s State of Registry, the State of manufacture, the State of Design, as well as the State of Operator; and
5. Any other professional organization related to aviation safety.
Neither lawyers nor representatives from insurance companies may participate in the investigation task force.
Article 18
If any person participating in the investigation referred to in the preceding article fails to obey any direction given by the Investigator-In-Charge or violates any matter contained in the commitment on confidentiality, the Investigator-In-Charge may suspend his or her participation in the operations of the investigation task force.
Article 19
Pursuant to Article 20 of the Act, the accredited representatives from the aviation occurrence investigation authority of the State of Registry, the State of the Operator, the State of Design and the State of Manufacture may, upon making a written confidentiality commitment and obtaining consent from the Investigator-In-Charge, may engage in the following tasks:
1. Visit the scene of the occurrence;
2. Examine the wreckage;
3. Interview the witnesses and get testimonies in conjunction with the personnel of the investigation task force;
4. Examine the relevant evidences;
5. Receive copies of all pertinent documents;
6. Participate in readouts of the flight recorders;
7. Participating in the off-scene investigative activities, such as; components examinations, technical briefings, tests and simulations;
8. Participate in progress meetings including deliberations to analysis, findings, causes and safety recommendations;
9. Making recommendations as to the various investigation processes.
Article 20
Pursuant to Article 20 of the Act, the representatives from the aviation occurrence investigation authority of the State whose nationals having sustained death in the occurrence may, upon making a written confidentiality commitment and complying with the directions given by the Investigator-In-Charge, may engage the following tasks:
1. Visit the scene of the occurrence;
2. Participate in the identification of the victims;
3. Assist in interviewing the surviving passengers of the same nationality;
4. Have access to the relevant factual information published by the TTSB, and information on the progress of the investigation; and
5. Receive a copy of the Final Report.
Article 21
Pursuant to Article 14 of the Act, the TTSB holds the priority in taking custody of any relevant evidence. In the course of the investigation, it may return to the authorities (organizations) concerned such evidence as are no longer required in the investigation.
After the Final Report is released, the TTSB shall promptly return the relevant evidence to the authorities (organizations) concerned such as the aircraft, wreckage, documents and manuals.
In case of any involvement of death or injury of any person in a major aviation occurrence, the TTSB may not return relevant evidence to the authorities (organizations) concerned until the prosecutorial authority gives its consent.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)