Civil Aviation Act, 2016
Regulations Regarding the Investigation of Aircraft Accidents, 2000
Government Notice 82 of 2000
- Published in Government Gazette 2298 on 27 March 2000
- Commenced on 27 March 2000
- [This is the version of this document at 15 November 2017.]
- [Note: The version of this legislation as at 15 November 2017 was revised and consolidated by the Legal Assistance Centre and the Government of the Republic of Namibia. All subsequent amendments have been researched and applied by Laws.Africa for NamibLII.]
1. Definitions
In these regulations any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned to it, and unless the context otherwise indicates -“accident” means an occurrence associated with the operation of an aircraft which takes place between the time a person boards the aircraft with the intention of flight until such time as all such persons have disembarked after completion of such flight in which-(a)a person is fatally or seriously injured as a result of-(i)being in the aircraft;(ii)direct contact with any part of the aircraft, including parts which have become detached from the aircraft; or(iii)direct exposure to a jet blast,except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to passengers and crew; or(b)the aircraft sustains damage or structural failure which-(i)adversely affects the structural strength, performance or flight characteristics of the aircraft; and(ii)would normally require major repair or replacement of the affected component, except for engine failure or damage limited to the engine, its cowlings or accessories, or for damage limited to propellers, wing tips, antennae, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin; or(c)the aircraft is still missing after an official search has been terminated; or(d)the aircraft is in a place where it is completely inaccessible;“air traffic services unit” means an aerodrome control tower, approach control office, area control centre, flight information centre, aerodrome flight information service unit or a reporting office for any of the above-mentioned units;“chief of aircraft accident investigations” means the person designated by the Minister under regulation 3(1);“flight crew member” means a person, other than the pilot in command of the aircraft, charged by the operator with duties essential to the operation of an aircraft during flight;“flight” means the time from the moment an aircraft commences its take-off until the moment it completes its landing;“incident” means an occurrence, other than an accident, associated with the operation of an aircraft, which affects or could affect the safety of the operation;“investigation” in the application of regulation 10(d), includes the gathering and evaluation of information, the drawing of conclusions regarding the cause or probable cause of an accident or incident, and the making of a recommendation in connection with flight safety;“investigator” means a person designated by the chief of aircraft accident investigations under regulation 5, and includes, except where obviously inappropriate, the “investigator in-charge”;“investigator-in-charge” means a person designated as such in terms of regulation 5;“major repair” means a repair which, if improperly done, might appreciably affect mass, balance, structural strength, performance, power plant operation, flight characteristics or other qualities relating to airworthiness;“operator” means a person, organisation or enterprise engaged in or offering to engage in aircraft operations;“serious injury” means an injury which-(a)requires hospitalisation for more than 48 hours, within seven days from the date on which the injury was sustained;(b)results in the fracture of any bone (except simple fractures of fingers, toes or nose);(c)involves lacerations which cause severe haemorrhage, or damage to a nerve, muscle or tendon;(d)involves injury to any internal organ; or(e)involves second or third degree bums or any bums affecting more than five per cent of the surface of the body;“staff member” means a person employed in the service of the Ministry; and“the Act” means the Aviation Act, 1962 (Act No. 74 of 1962).2. Application of regulations
These regulations shall not apply to accidents and incidents involving-3. Appointment and functions of chief of aircraft accident investigations
4. Appointment of body of persons or institution for the purpose of reducing aircraft accidents
5. Designation of investigators
6. Reporting of accidents and incidents
7. Guarding of an aircraft involved in an accident
8. Control of the scene of an accident
The aircraft or wreckage thereof, anything transported therein and any marks resulting from the accident which may be of assistance in an investigation shall be under the control of the chief of aircraft accident investigations, until released or until access has been granted thereto by him or her or by the investigator-in-charge with the consent of the chief of aircraft accident investigations.9. Access to and interference with objects and marks at the scene of an accident
10. Authority of investigators
An investigator shall have authority to-11. Reporting to Minister
12. Retention of objects for the purpose of an investigation or inquiry
Subject to regulation 8, any part or wreckage of an aircraft involved in an accident or incident or anything transported in the aircraft may be retained by an investigator, until no longer required for the purpose of the investigation or for an inquiry by an accident or inquiry board, whereupon such item or wreckage shall be discarded or destroyed, unless a person having an interest in or a right to the part or wreckage has informed the chief of aircraft accident investigations in writing, within sixty days of the date of such accident or incident, that such part or wreckage be returned to him or her after the completion of the investigation.13. Offences
Any person who-14. Repeal of regulations
The Regulations Regarding the Investigation of Aircraft Accidents promulgated by Government Notice No. R. 120 of 26 January 1973 are hereby repealed.History of this document
15 November 2017 this version
Consolidation
27 March 2000
Commenced
Cited documents 2
Act 2
1. | Public Service Act, 1995 | 307 citations |
2. | Customs and Excise Act, 1998 | 144 citations |