Air Navigation (Investigation of Accidents) Regulations 1948

Citation

1 These Regulations may be cited as the Air Navigation (Investigation of Accidents) Regulations 1948.

Interpretation

2 In these Regulations--

"accredited representative" means a person duly designated by the Government of any Foreign Power for the purpose of at tending, in accordance with any agreement or convention in that behalf, an accident investigation in Bermuda;

"aircraft accident" or "accident" means an occurrence which takes place between the time when any person boards the aircraft with the intention of flight and the time when all per sons have disembarked from the aircraft upon the completion of that flight, in connection with which—

(i) any person suffers death or serious personal injury while in or upon the aircraft or by direct contact with the aircraft or anything attached thereto; or

(ii) an aircraft receives appreciable or marked damage;

"Inspector of Accidents" or "Inspector" means a person appointed by the Governor in pursuance of regulation 6 to be an In spector of Accidents;

"certificate of airworthiness" has the meaning assigned to it in the Colonial Air Navigation Order 1961;

"the Director" means the Director of Civil Aviation appointed un der the provisions of section 2 of the Civil Airports Act 1949 [title 23 item 1].

Extent of application

3 Subject as hereinafter provided, these Regulations shall apply in relation to any accident arising out of or in the course of air navigation and—

(a) occurring in or over Bermuda; or

(b) occurring outside Bermuda to any aircraft registered under the Colonial Air Navigation Orders 1961 to 1968 [title 23 item 2(c)];

Provided that nothing in these Regulations shall apply in relation to an aircraft used in the service of Her Majesty's Forces or to an aircraft used in the service of the United States Forces.

Notice of accidents

4 (1) Where an accident occurs to which these Regulations apply and the accident—

(a) involves the death of, or serious injury to, any person, whether or not such person was carried in the aircraft; or

(b) is believed, on reasonable grounds, to have been caused, or contributed to, by the failure in the air of any

part of the aircraft or of any power plant installed therein; or

then in any such case the pilot of the aircraft, or, if the pilot is incapacitated by injury, then the next senior uninjured member of the crew of the air craft (if any), or, in case the pilot is incapacitated by in jury and there is no uninjured member of the crew, then the owner or hirer of the aircraft—

(i) shall, if the accident occurs in or over Bermuda, give notice thereof by telephone or the other quickest available means to the Director of Civil Aviation, Ferry Reach, St. George's and shall in addition notify the police officer in charge of the nearest police station; or

(ii) shall, if the accident occurs elsewhere than in or over Bermuda, give notice thereof by telegram to the Director of Civil Aviation, Ferry Reach, St. George's:

Provided that, in the case of an aircraft which is engaged on hire at the time of the accident, the owner thereof shall, as between himself and the hirer and in the ab sence of any agreement to the contrary, be responsible for complying with this regulation.

(2) Notice shall be given as speedily as is possible after the ac cident occurs.

(3) Any such notice shall contain the following particulars—

(a) the nationality, registration marks and type of the air craft and of any power plant installed therein;

(b) the circumstances of the flight on which the accident oc curred;

(i) of the owner and hirer (if any) of the aircraft;

(ii) of the pilot and other members of the crew on board the aircraft, with particulars of their li cences (if any) ; and

(iii) of the passengers (if any) on board the aircraft;

(d) the place where the accident occurred;

(e) the date and time when the accident occurred;

(f) whether death or personal injury was caused by the ac cident, and, if so, to whom;

(g) details of the damage (if any) sustained by the aircraft or any power plant installed therein;

(h) the methods of disposal of the aircraft after the accident;

(i) the general circumstances of the accident and its appar ent causes, both direct and contributory.

(4) In this regulation, "serious structural damage", in relation to an aircraft, means—

(a) the telescoping or breaking apart of the fuselage or sup porting surfaces; or

(b) the failure of any structural member or attachment; or

(d) damage by fire to any part of the aircraft.

Aircraft not to be removed

5 (1) Where an accident to an aircraft of the nature specified in regulation 4(1) occurs in or over Bermuda—

(a) subject as hereinafter provided, the aircraft shall not, except under the authority of the Governor or of an In spector or of the Director, be removed or otherwise in terfered with until the expiration of three days after no tice of the accident has been duly given, and if the Gov ernor, Inspector or Director so directs, the aircraft shall not be removed or otherwise interfered with until the ex piration of such longer period as may be so directed:

Provided that—

(i) the aircraft or any parts thereof may be removed or interfered with so far as may be necessary for the purpose of extricating any person or animals involved in the accident,

removing any mails carried in the aircraft, or preventing any danger to air navigation, to other transport or to the public;

(ii) goods or passengers' baggage may be removed from the aircraft under the supervision of any police officer, but, in the case of an aircraft which has come from a place outside Bermuda, shall not be removed from the vicinity of the air craft except on clearance by or with the consent of an officer of the Customs Department;

(iii) where the aircraft is wrecked in water, the air craft or any parts or contents thereof may be removed to such extent as may be necessary for bringing it or them to a place of safety;

(b) the Governor may appoint any person, so far as may be necessary for the purposes of any investigation under these Regulations, to take measures for the preservation of the aircraft and to have access to examine, remove or otherwise deal with the aircraft.

(2) Nothing in these Regulations shall restrict the removal of, or interference with, an aircraft to which there has occurred any accident other than an accident of which notice is required to be given under reg ulation 4.

(3) Where an aircraft, which has suffered an accident of the nature specified in regulation 4(1), is on any land under the authority of the Base Commander of the Kindley Air Force Base the powers conferred on the Governor, an Inspector or the Director under the provisions of paragraph (1)(a) shall only be exercised after prior consultation with the Base Commander aforesaid.

Inspector of Accidents

6 (1) Where an accident to which these Regulations apply occurs to an aircraft, a person generally or specially appointed by the Governor to be an Inspector of Accidents (in these Regulations referred to as an "Inspector"), may, whether or not the accident is one notice whereof is required to be given under these Regulations, and subject to such direc tions as the Governor may make in the matter, hold an investigation of the accident (hereinafter in these Regulations referred to as an "Inspector's investigation").

(2) An Inspector's investigation shall be conducted in such manner that if a charge is made or is likely to be made against any per son, such person shall have an opportunity of being present and of making any statement or giving any evidence and producing witnesses on his behalf.

Report by Inspector

7 (1) Upon completing his investigation, the Inspector shall make a report to the Governor stating his findings as to the cause of the acci dent and the circumstances thereof, and adding any recommendations which he thinks fit with a view to the preservation of life and the avoid ance of similar accidents.

(2) Any report made under this regulation may include a rec ommendation for the cancellation, suspension, or endorsement of any li cence or certificate.

(3) The Governor may cause the whole or any part of such re port to be made public in such manner as he thinks fit.

Assessors

8 (1) For the purpose of an Inspector's investigation, the Gover nor may appoint one or more persons possessing legal, aeronautical, en gineering or other special knowledge, to act as assessors, who shall have the same powers of access and examination as an Inspector, and who may, subject to the general directions of the Inspector conducting the in vestigation, examine witnesses.

(2) The assessors (if any) shall either—

(a) sign the report with or without reservations; or

(b) state in writing their dissent therefrom and their reasons for such dissent,

and such reservations or dissent and reasons (if any) shall be forwarded to the Governor with the report.

Accredited representatives

9 An accredited representative shall be entitled to attend an In spector's investigation together with such technical or other advisers as may be appointed to accompany him in that behalf, and an accredited representative shall have the same powers of access and examination as an Inspector and may, subject to the general directions of the Inspector conducting the investigation, examine witnesses.

Powers of Inspector

10 For the purposes of an Inspector's investigation, an Inspector shall have power—

(a) by summons under his hand to require any person to attend before him and give evidence on oath upon any matter that may be relevant to the investigation;

(b) to administer an oath to any such person;

(c) to require the production of all books, papers and other documents which he considers material to the investiga tion, and to examine the same;

(d) to have access to and examine any aircraft or part of an aircraft concerned in the accident, and the place where the accident occurred, and any apparatus or mechanism used in connection with or as an aid to the navigation or maintenance of the aircraft.

Obstruction

11 (1) No person shall obstruct or impede—

(a) an Inspector or any person under his authority; or

(b) an assessor appointed under regulation 8; or

(d) any person appointed under regulation 5(1),

in the exercise of any power or duty conferred upon him by or under these Regulations.

(2) No person shall, without reasonable cause, (the proof whereof shall lie upon him), after having had the expenses (if any) to which he is entitled tendered to him, fail to comply with any summons or requirement of an Inspector holding an Inspector's investigation under these Regulations.

Offences

12 Any person—

(a) who contravenes these Regulations or any provision thereof; or

(b) who, without prejudice to anything in the Criminal Code [title 8 item 31] relating to the offence of perjury, makes, in any notice required to be given under these Regula tions, a statement which he knows to be false in a mate rial particular,

commits an offence against these Regulations:

Punishment on summary conviction: imprisonment for 3 months or a fine of $840.

Governor to act in his own discretion

13 In the exercise of his functions under these Regulations the Gov ernor shall act in his discretion.

[Amended by
1970 : 518]

Bermuda Consolidated Legislation

Air Navigation (Investigation of Accidents) Regulations 1948