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Chapter Law Content

Title: Transportation Occurrences Investigation Act CH
Category: Taiwan Transportation Safety Board(國家運輸安全調查委員會)
Chapter 1 General Provisions
Article 1
The Transportation Occurrence Investigation Act (hereinafter referred to as this Act) is enacted for the purpose of improving transportation safety through independent investigation of transportation occurrences on aviation, railway, marine and highway.
Article 2
The terms contained in this Act are defined as follows:
1. Major transportation occurrence. this refers to major aviation occurrences, railway occurrences, marine occurrences, and highway occurrences that have caused a certain number of injuries, casualties, or property damage or that have caused social concerns and have been identified by the Taiwan Transportation Safety Board (hereinafter referred to as the TTSB).
2. Investigation report. a report prepared by the Investigator-in-Charge (IIC) compiling submissions from all technical subgroups in accordance with the format administered by the International Civil Aviation Organization and other relevant domestic/foreign organizations, containing factual information, analyses, conclusions, and safety recommendations reviewed and approved under this Act.
3. Transportation occurrence investigation. a process consisting of transportation occurrence identification, factual data gathering, compiling, analysis, probable cause identification, submission of safety recommendations, and investigation report writing.
4. Civil aircraft an aircraft that is used for the purposes of civil air transportation services, general aviation services, pilot training, or private aircraft activities and has completed the process of registration and airworthiness inspection under the civil aviation authorities.
5. Public aircraft. an aircraft owned or used by a government agency to carry out official duties, excluding military aircrafts administered by the Ministry of Defense.
6. Data Recorder. device that records system operation, performance, and environment parameters, audio or video.
The scope of major transportation occurrences, set forth in Subparagraph 1 of Paragraph 1, is developed by the TTSB in conjunction with the Ministry of Transportation and Communications and submitted to the Executive Yuan for approval.
Article 3
To conduct investigation of major transportation occurrence impartially and to improve transportation safety, the TTSB shall carry out its duties independently according to the law.
Article 4
The scope of the mode of transportation (hereinafter referred to as mode) to be investigated under this Act shall consist of civil aircraft, public aircraft, ultra-light vehicle, drone, civil ship, public ship, the rolling stock of railway system and mass rapid transit system, and automobiles on the road.
Article 5
The objective of the TTSB’s investigation of major transportation occurrence is to prevent the recurrence of similar occurrences. It is not the purpose of such investigation to apportion blame or liability.
The TTSB shall carry out its duties independently. Parallel investigations and handling processes conducted by other competent authorities concerned shall not impede the investigation of the TTSB.
The TTSB may seek assistance from foreign professional transportation safety investigation authorities or organizations whenever is necessary after being evaluated by the TTSB Investigation Task Force, considering the fairness, necessity, and professionalism to the investigation.
The investigation report of the TTSB shall not be used as sole evidence for a criminal proceeding.
The TTSB shall establish a transportation safety voluntary reporting system. The purpose of the system is not to apportion blame or liability, and shall protect the sources of the information.
Article 6
The TTSB is responsible for conducting the following transportation occurrence investigations:
1. Any transportation occurrence arises in the territory of the Republic of China (hereinafter referred to as ROC).
2. When a major transportation occurrence of an aircraft or ship registered in the ROC or operated by an airline or shipping company incorporated in the ROC arises on the high seas or in a territory that is not subject to any state’s jurisdiction, or when the location of the occurrence cannot definitely be established as being part of the territory of any state.
3. Any aviation occurrence of an aircraft, marine occurrence of a ship registered in the ROC, operated by an airline or a shipping company incorporated in the ROC, designed or manufactured by the ROC arises outside the territory of the ROC, the investigation organization of the state of occurrence does not intend to conduct the investigation or delegate the conducting of the investigation to the TTSB.
Any major transportation occurrence, mentioned in Subparagraph 1 of Paragraph 1, of an aircraft or ship of other nationality arises in the territory of the ROC, the TTSB, may delegate the conducting of the investigation to that State’s occurrence investigation organization by mutual consent.
Upon receipt of the notification of a transportation occurrence arising outside the territory of the ROC, which involves an aircraft or ship registered in the ROC, operated by an airline or a shipping company incorporated in the ROC, or designed or manufactured by the ROC, the TTSB shall immediately contact the investigation authority of the State of Occurrence to request for participation in the investigation. The TTSB shall appoint an accredited representative to participate in the investigation upon receipt of the invitation.
Article 7
When a transportation occurrence arises in the territory of the ROC and involves the airport of any ROC military authorities and/or organizations, or any operation of the ROC military transportation, the TTSB shall, to the extent of the involvement under the TTSB competence, undertake investigation with the related authorities and/or organizations.
Article 8
The TTSB shall be the sole competent agency to release the information related to the investigation of transportation occurrences under this Act, except for the information falling under the competence of the other authorities concerned.
In the course of the investigation of transportation occurrence, the TTSB shall release, whenever appropriate, the information related to the investigation.
Article 9
When a transportation occurrence mentioned in Paragraph 1 of Article 6 arises, the owner of mode, the operator of mode, the ultra-light vehicle activity group and the authorities and/or organizations of traffic control, fire department or police authority shall notify the TTSB within two hours upon receipt of the information.
When an alleged transportation occurrence likely to conform to the definition mentioned in Paragraph 1 of Article 6 arises, the owner of mode, the operator of mode, the ultra-light vehicle activity group, and the authorities and/or organizations of traffic control, fire department or police authority shall notify the TTSB within twenty-four hours upon receipt of the information.