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Chapter Law Content

Chapter I General Principles
Article 1
The Regulation is prescribed pursuant to Article 38 of the Transportation Occurrence Investigation Act (hereinafter referred to as the “Act”) and shall apply to the investigation of major aviation occurrences for civil and public aircraft.
Article 2
The terms used in the Regulation shall be defined as follows:
1. Major Aviation occurrences: refer to the Major aviation occurrences (Civil aircraft and public aircraft) specified in the scope of the Major Transportation Occurrences prescribed in the first paragraph of Article 1 of the Act..
2. Death : means that the person is in the aircraft, in direct contact with any part of the aircraft, or directly exposed to the airflow caused or caused by the aircraft, and it is not resulting from natural causes, self-induced behaviors, intrusion by another person, or concealment in non-passenger and non-crew seated areas for purposes of illegal immigration. As a result, those who died on the spot or within 30 days of being injured.
3. Injury: refers to the person is in the aircraft, in direct contact with any part of the aircraft, or directly exposed to the airflow caused or caused by the aircraft, and it is not resulting from natural causes, self-induced behaviors, intrusion by another person, or concealment in non-passenger and non-crew seated areas for purposes of illegal immigration, who may have one of the following situations:
1) Hospitalization for more than forty-eight (48) hours is required within seven (7) days upon occurrence of the injury.
2) Fracture, excluding that of any finger, toe or nose.
3) Serious bleeding or damage to nerves, muscles or tendons due to laceration.
4) Any harm to an internal organ.
5) Burns of Grade 2 or 3, or more than 5 percents of burns on the skin of the whole body.
6) Confirmed exposure to contaminated substances or harmful radiations.
4. “Substantial damage”: Adversely affects the structural strength, performance or flight characteristics of the aircraft, and would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to a single engine (including its cowlings or accessories), to propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, windscreens, the aircraft skin (such as small dents or puncture holes), or for minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike (including holes in the radome)
5. “Missing”: Fail to recover the wreckage of the aircraft at the conclusion of the search efforts as determined by the Taiwan Transportation Safety Board (hereinafter referred to as the TTSB).
6. “Accredited Representative” : After an major aviation occurrence arises, an individual who is appointed by the government of the State of Registry, the State of the Operator, the State of Design or the State of Manufacture or any other state concerned (excluding the State whose nationals having sustained death in the occurrence), and who is authorized to lead one or more advisors from the same State to participate in the investigation of the major aviation occurrence conducted by the State of Occurrence or by the State that has been delegated the conduction of the investigation.
7. Duty Officer: Refers to the personnel who alternately serves by the investigators of the TTSB, who are on duty 24 hours a day, and are responsible for handling notification of major aviation occurrences.
8. “On-scene Investigator”: An aviation safety investigator who, after the TTSB learns of a major aviation occurrence or an alleged major aviation occurrence, is appointed by the TTSB to take charge of directing the go-team to carry out on-scene identification of the major aviation occurrence and investigation-related operations, and whose mission shall terminate upon appointment of an Investigator-In-Charge.
9. “Go-team”: A temporary task force formed by investigators of the TTSB to carry out the identification of a major aviation occurrence, on-scene inspection and collection of occurrence-related information.
10. “Investigator-In-Charge”: An aviation safety investigator who, after a major aviation occurrence arises, is designated by the TTSB pursuant to the Act to take charge of the investigation of the aviation occurrence.
11. “Investigation Task Force”: An investigation team established by the Investigator-In-Charge pursuant to the Act, which shall, during the investigation, submit to the direction of the Investigator-In-Charge in conducting relevant operations.
12. “Command Post of Investigation”: A place set up for the purposes of direction, control, communication and logistic support for the implementation of on-scene investigation and conducting of such relevant operations as meetings and mission briefings for the investigation task force.,
13. Flight data recorder: Refers to the device that records aircraft system, performance and environmental parameters in the flight recorder.
14. Cockpit voice recorder: Refers to the device in the flight recorder that records the voice in the cockpit.
Article 3
When a major aviation occurrence mentioned in the third paragraph of Article 6 of the Act arises, the TTSB shall, upon receipt of the invitation by the investigation authority of the State of occurrence, immediately designate an accredited representative and invite the owner of the aircraft, the operator of the aircraft, the designer of the aircraft, the manufacturer of the aircraft and personnel of the Civil Aeronautics Administration of the Ministry of Transportation and Communications (hereinafter referred to as CAA), to form a team for the purposes of participating in the investigation operations.
The expenses relating to the participation of the investigation referred to in the preceding paragraph shall be borne by the various authorities (organizations) respectively.