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法規名稱: Guidelines for the Conduct of International Aviation Accident Investigations Between the Aviation Safety Council, Taiwan and the Bureau Enquetes-Accidents, France
簽訂日期: 民國 90 年 05 月 08 日
生效日期: 民國 90 年 05 月 08 日
簽約國: 歐洲地區 > 法國
沿革:
1.Signed on May 8, 2001 Entered into force on May 8, 2001

 
1 Purpose
During the past years, the Aviation Safety Council, Taiwan (AS
C) and the Bureau Enquetes Accidents, France (BEA) have devel-
oped fruitful contacts.
Both agencies acknowledge the importance for the safety of wo-
rld air transport that investigations be carried out with the
greatest diligence and with the full cooperation of the conce-
rned States.
In order to strengthen the links between the two agencies and
facilitate the work in case of activities involving both agen-
cies, it has been found useful to formalize the common working
procedures for investigations in line with the spirit and the
provisions of Annex 13 to the Convention of International Civ-
il Aviation.
The purpose of these guidelines is to reinforce the cooperati-
on between the ASC and the BEA to ensure maximum efficiency f-
or the safety of world civil aviation. The guidelines are also
intended to improve communication and exchanges of information
between the two agencies.
2 Reference to Annex 13
The text of Annex 13 referred to in this document is that of
the eighth edition dated July 1994.
The ASC and the BEA are in agreement with the spirit of and f-
ollows the procedures contained in Annex 13. Their procedures
are in accordance with the standards and recommended practices
contained in Annex 13 within the limits of the specific diffe-
rences noted.
Insofar as the guidelines serve to reinforce joint work betwe-
en the two investigating agencies, it is the spirit of Annex 1
3 that is to be applied. In particular, each agency intends
to make its best efforts to overcome potential difficulties a-
rising due to differences in languages, national cultures or
geographic locations.
3 Definitions
For application of these guidelines, the definitions of the f-
ollowing words and phrases are to be those specified in or un-
derstood from Annex 13:
Accident
Incident
Serious incident
Investigator-in-charge
Draft final report
Differences
For the purpose of these guidelines, "agencies" are defined as
the ASC and the BEA.
4 Purpose of Technical Investigations
The purpose of accident and incident investigations is to det-
ermine the facts, conditions and circumstances, to analyze and
determine the probable causes of such accidents or incidents,
to make recommendations to avoid their recurrence, and to saf-
eguard human lives. It is not to impute fault or establish r-
esponsibility in terms of any person or agency or to exonerate
any person or agency. Any safety recommendations produced by
ASC or BEA as a result of accident and incident investigations
are intended as a means to improve safety and preclude recurr-
ence.
5 Notification of Accidents and Serious Incidents
When an agency becomes aware of an accident or a serious inci-
dent that involves the direct interests of the other agency,
it is to inform the other agency by the most rapid means poss-
ible and provide the other agency with all available informat-
ion consistent with Annex 13 provisions and the rules applica-
ble to the notifying agency. The other agency will then info-
rm the notifying agency:
- of the degree of involvement it intends to take in the inve-
stigation,
- whether it intends to appoint an accredited representative (
person representing the agency for the investigation),
- and if such an accredited representative is appointed, of h-
is or her name, contact details and whether he or she will
be present at the investigation and, in the affirmative, the
expected date of his or her arrival.
6 Procedures Relating to Investigations of Occurrences Wherein
One State is the State of Manufacture, Design, Registration,
or of the Operator, and the Other is the State of Occurrence
6.1 Participation in the Investigation
During investigations conducted by agencies of either State,
domestic participants are to participate in the investigati-
on in accordance with the organizational structure prescrib-
ed by the investigating agency. International participants
are to participate in the investigation as advisers to the
accredited representative of their relevant agency in accor-
dance with the organizational structure prescribed in Annex
13.
Normal communication is to be conducted through accredited
representative channels. The two agencies are to inform each
other of any possible direct communications with a particip-
ant or an organization under the supervision of the other a-
gency.
Organizations participating in the investigation other than
the two agencies, may provide the investigating agency with
submissions during the investigation.
6.2 Access to Data From an Investigation
In order to fulfill their responsibilities, both agencies n-
eed to have access to the information. Therefore, the agen-
cy responsible for conducting the investigation is to provi-
de the accredited representative from the other agency acce-
ss to all available material, as cited in paragraph 5.25 of
Annex 13. The accredited representative is to receive the
material as soon as practicable. See paragraph 6.6 hereafter
regarding proprietary or commercially sensitive information.
Such data is to include, but is not to be limited to:
·An electronic copy of the raw, unmanipulated data obtained
from the flight data recorder(s) (FDR), including data fr-
om all previous flights.
Note: Data obtained from Quick Access Recorders should be h-
andled in the same manner as FDR data
·An electronic copy of the CVR recording
·Computer printouts, data files and plots of the data, once
the accuracy of the data files has been established and a-
greed to by all participants.
·A copy of the air traffic control voice recording and tra-
nscript of radio communications, and any other available
recordings.
·Radar data obtained from civilian sources in prescribed f-
ormat and authorized, available military sources.
To ensure confidentiality of the sensitive information cont-
ained in CVRs and image recorders, readout, examination and
analysis of the data derived from these recorders are to be
performed only in the laboratories selected by the two agen-
cies, participants should be limited strictly to:
- the investigator in charge and/or personnel from his/her
agency that he/she will designate, as well as technically
qualified advisers that he/she will designate, based on t-
he procedures of his/her agency,
- the accredited representative or his/her designee,
- technically qualified advisers designated by the accredit-
ed representative.
The distribution of transcripts or reports derived from ana-
lyses of CVRs and image recorders is to be limited to the a-
ccredited representative until they have been released by t-
he agency conducting the investigation.
All participants to the investigation will sign an engageme-
nt of confidentiality before they have access to information
and data.
6.3 Analysis, Conclusions, and Development of Safety Recommenda-
tions
6.3.1 Participation in the Analysis, Conclusions, and Developme-
nt of Safety Recommendations
Analysis, and determination of probable causes are the fu-
ll responsibility of the investigating agency. However,
other agency will have the opportunity to provide its con-
tribution on the study of the factual data and will be as-
sociated with the deliberations related to the analysis,
conclusion and safety recommendations. This can best be a-
chieved by regular contacts and discussions between the i-
nvestigator in charge and accredited representative and by
written submissions during the investigation process.
6.3.2 Drafting and Distribution of Safety Recommendations
Safety recommendations should be discussed throughout the
investigation. Advisers should be part of this process.
When the agency conducting the investigation plans to is-
sue safety recommendations before the completion of the
draft Final Report, that agency is to make every effort
to share the content of the safety recommendations with
the accredited representative of the other agency (and o-
ther agencies, if appropriate) as soon as practical. The
accredited representative is to have the opportunity to
comment on those recommendations and provide those comme-
nts to the investigating agency within a reasonable peri-
od of time based on the degree of urgency of the proposed
recommendations. Both agencies agree to provide the other
agency with a courtesy translation in English of the ori-
ginal text in their national language. The length of the
comment period is to be determined by the investigating
agency. If the accredited representative or his designee
is present, he will be associated with the drafting proc-
ess.
6.3.3 Distribution of Safety Recommendations
Safety Recommendations are to be sent to the other agency,
along with copies to both aviation authorities, the Civil
Aeronautics Administration, Taiwan (CAA) and the Direction
Generale de l'Aviation Civile, France (DGAC).
6.4 Exchanges of Correspondence
In the event that formal correspondence is necessary, each
agency may choose the most appropriate method to transmit c-
orrespondence and documents consistent with prompt receipt.
In order to facilitate record keeping and to avoid the loss
of correspondence, the recipient will acknowledge receipt of
the correspondence.
6.5 Consultation
Regarding consultations on the draft Final Report outlined
in Annex 13, each agency should seek comments from the other
agency. In addition, the agency conducting the investigati-
on may give participants an opportunity to review the draft
Final Report and to provide observations through their accr-
edited representative.
6.6 Confidentiality
The agency that receives materials from the other agency sh-
ould handle the materials according to their confidentiality
or proprietary status, within the bounds of the respective
applicable rules. Drafts, internal, or working documents t-
hat have been transmitted, except when explicitly indicated
to the contrary, are to be considered as proprietary/confid-
ential documents and treated as such. Drafts should be des-
troyed after use.
6.7 Informing the News Media
The agency conducting the investigation is to be the sole o-
rganization that releases information about the investigati-
on to the news media. After an accident or serious incident
, the news media and relatives of the victims will be conta-
cting their respective agencies. Therefore, the press offi-
cers of both agencies are to establish working procedures to
ensure that information can be mutually developed and coord-
inated as much as possible. Also, whenever possible, such
information is to be transmitted by the investigating agency
to the other agency before it is made public. If there are
differences of opinion, efforts are to be made to resolve t-
hem before the information is released.
7 Cooperation Between the Two Agencies
7.1 Assistance in the Supervision of Examination of a Component
Part
The agency that conducts the investigation may request that
the other agency assist in supervising the examination, tes-
ting, or disassembling component parts that have been remov-
ed to the location of a manufacturer or other facility on t-
he territory under the responsibility of the other agency.
The other agency is to provide such assistance to the extent
possible. In all cases, the agency that conducts the inves-
tigation is to provide updates as soon as practicable to the
other agency of all investigation activities being carried
out in its territory and is to invite the other agency to p-
articipate.
7.2 Training of Personnel
To the extent possible, the two agencies are to welcome per-
sonnel from the other agency for training and development,
including as observers at major investigation accident sites
and subsequent off-scene investigative activities.
7.3 Exchange of Information
Either agency may request information on the progress of in-
vestigations by the other agency. The other agency is to do
everything possible to provide the information. This infor-
mation is then to be treated with the same rules of confide-
ntiality as those to which the providing agency is itself b-
ound, in accordance with the rules applicable to them.
7.4 Conduct of the Agency Invited to Assist an Agency, other th-
an ASC and BEA, in charge of an Investigation If one of the
two agencies is requested by an agency, other than ASC and
BEA, in charge of an investigation to provide technical ass-
istance for that investigation in which the other agency is
participating, or should be participating, under the provis-
ions of Annex 13, the response to the request should be coo-
rdinated with the other agency. The two agencies should wo-
rk together to ensure that the investigation is conducted in
accordance with the spirit and procedures of Annex 13. Spe-
cifically, all the necessary to fulfill the responsibilities
described in Annexes 6 and 8, including FDR and CVR informa-
tion and copies of the recordings, should be made available
to the agency involved as soon as practicable. Both agenci-
es are to update and refine data as it becomes available and
are to coordinate to ensure that the best data set is avail-
able as the investigation progresses.
8 Victims and Relatives
Both agencies are to work in a fully coordinated manner to be-
tter meet the expectations of the victims and their families
to the extent provided for under the rules applicable to each
agency.
9 Duration
To the extent consistent with their international obligations,
participating agencies may cease following the procedures set
forth in this document at any time, except that they should c-
ontinue to follow such procedures for purposes of any investi-
gations in progress at that time. Regarding investigations in
progress, confidentiality of information previously provided
under these guidelines should continue consistent with domest-
ic rules.
To take into account any changes to international or national
rules or policies, these guidelines are to be reviewed period-
ically by both agencies.
Signed at Taipei on May 8, 2001 in duplicate in the French, C-
hinese and English languages. The English version will be aut-
henticate.


Dr. Kay Yong Mr. Paul Arslanian
Managing Director Director
Aviation Safety Council, Bureau Enquetes-Accidents, France
Taiwan
資料來源:全國法規資料庫