Civil Aviation
(Investigation of Air Accidents and Incidents) (Jersey) Order 2000
Jersey Order in Council 18/2000
THE CIVIL AVIATION (INVESTIGATION OF AIR ACCIDENTS AND
INCIDENTS) (JERSEY) ORDER 2000
____________
(Registered on the 9th day of June 2000)
____________
At the Court at Buckingham
Palace
____________
17th
day of May 2000
____________
PRESENT
The Queen’s Most Excellent Majesty in Council
____________
ARRANGEMENT
OF ARTICLES
1-3. Citation, commencement, interpretation and
application
4. Purpose
of the investigation of accidents and incidents
5-6. Duty to furnish information relating to
accidents and incidents
7. Removal
of damaged aircraft
8. Inspectors
of Air Accidents
9. Powers
of Inspectors
10. Form and conduct of investigations
11. Inspector’s Report
12. Notice of Inspector’s Report and Representations
thereon
13. Publication of Reports
14. Safety recommendations
15. Reopening of Investigation
16. Accredited representatives
17. Obstruction of Investigation
18. Disclosure of relevant records
19. Revocation
HER MAJESTY, in exercise of the powers conferred
upon Her by sections 75 and 102(2) of, and paragraph 4 of Part III of Schedule 13
to, the Civil Aviation Act 1982,
as extended to the Bailiwick of Jersey by the Civil Aviation Act 1982 (Jersey)
Order 1990, is pleased by and with the advice of Her Privy Council, to order,
and it is hereby ordered, as follows -
Citation, commencement,
interpretation and application
1. This Order may be cited as the Civil Aviation (Investigation of Air
Accidents and Incidents) (Jersey) Order 2000 and shall come into force
on 1st June 2000.
2.-(1)
In this Order, unless the context otherwise requires -
“accident” means an occurrence associated with the
operation of an aircraft which takes place between the time any person boards
the aircraft with the intention of flight until such time as all such persons
have disembarked, in which -
(a) a person
suffers a fatal or serious injury as a result of -
- being
in or upon the aircraft,
- being in direct contact with any part of the aircraft,
including parts which have become detached from the aircraft, or
- direct exposure to 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 the passengers and
crew, or
(b) the aircraft
sustains damage or structural failure which -
- 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 the engine, its cowlings or accessories, or for damage
limited to propellers, wing tips, antennas, tyres, brakes, fairings, small
dents or puncture holes in the aircraft skin; or
(c) the aircraft
is missing or is completely inaccessible.
“aerodrome authority” means, in relation to any
aerodrome, the person by whom the aerodrome is managed;
“the Annex” means Annex 13 to the Chicago Convention as
amended on 23rd March 1994;
“the Bailiff” means the Bailiff of Jersey;
“Chief Inspector” means the Chief Inspector of Air
Accidents for Jersey appointed under article 8
below;
“commander” in relation to an aircraft means the member
of the flight crew designated as commander of that aircraft by the operator
thereof, or failing such a person, the person who is for the time being the
pilot in command of the aircraft;
“the Committee” means the Harbours and Airport Committee
of the States of Jersey;
“Contracting State” means any State which is party to the
Chicago Convention, including the United Kingdom (whether on behalf
of Jersey or otherwise);
“crew” includes every person employed or engaged in an
aircraft in flight on the business of the aircraft;
“customs officer” means the Agent of the Impôts or any officer of the Impôts;
“the Directive” means Council Directive 94/56/EC of 21st November 1994
establishing the fundamental principles governing the investigation of civil
aviation accidents and incidents;
“fatal injury” means an injury which is sustained by a
person in an accident and which results in his death within 30 days of the date
of the accident;
“incident” means an occurrence, other than an accident,
associated with the operation of an aircraft which affects or would affect the
safety of operation;
“Inspector” means a person appointed as an Inspector of
Air Accidents for Jersey under article 8
below;
“investigating Inspector” means an Inspector carrying out
an investigation pursuant to this Order;
“Jersey” means the
Bailiwick of Jersey and the territorial sea adjacent thereto;
“owner” means, where an aircraft is registered, the
registered owner;
“pilot in command” in relation to an aircraft means a
person who for the time being is in charge of the piloting of the aircraft
without being under the direction of any other pilot in the aircraft;
“police officer” means any person who is a member of the
Honorary Police or a member of the States of Jersey Police Force;
“serious incident” means an incident involving
circumstances indicating that an accident nearly occurred;
“serious injury” means an injury which is sustained by a
person in an accident and which -
(a) requires
hospitalisation for more than 48 hours, commencing within seven days from the
date the injury was received;
(b) results in a
fracture of any bone (except simple fractures of fingers, toes or nose);
(c) involves
lacerations which cause severe haemorrhage, nerve, muscle or tendon damage;
(d) involves injury
to any internal organ;
(e) involves
second or third degree burns, or any burns affecting more than five per cent of
the body surface; or
(f) involves
verified exposure to infectious substances or harmful radiation;
and “seriously injured” shall be construed accordingly;
“causes”, “investigation”, “flight recorder”,
“undertaking” and “safety recommendation” have the meanings given by Article 3
of the Directive; and
“established” has the same meaning as in the Directive.
(2) Any notice or other document required or
authorised by any provision of this Order to be served on or given to any
person may be served or given -
(a) by delivering
it to that person;
(b) by leaving it
at his usual or last-known residence or place of business whether in Jersey or elsewhere;
(c) by sending it
to him by post at that address; or
(d) by sending it
to him at that address by telex, by facsimile transmission or other similar
means which produce a document containing a text of the communication, in which
event the document shall be regarded as served when it is received.
3. This
Order applies only to civil aviation accidents and incidents.
Purpose of the
investigation of accidents and incidents
4. The sole objective of the investigation of an accident or incident
under this Order shall be the prevention of accidents and incidents. It shall
not be the purpose of such an investigation to apportion blame or liability.
Duty to furnish
information relating to accidents and incidents
5.-(1) Where an accident or a serious incident
occurs in respect of which, by virtue of article 8(3) below, the Chief
Inspector is required to carry out, or to cause an Inspector to carry out, an
investigation, the relevant person and, in the case of an accident or a serious
incident occurring on or adjacent to an aerodrome, the aerodrome authority
shall forthwith give notice thereof to the Chief Inspector by the quickest
means of communication available and, in the case of an accident, shall also
notify forthwith the Chief Officer of the States of Jersey Police Force of the
accident and of the place where it occurred.
(2) In this article the expression “relevant
person” means the commander of the aircraft involved at the time of the
accident or serious incident or, in the event that he is killed or
incapacitated, the operator of the aircraft.
(3) The notice to the Chief Inspector referred to
in paragraph (1) above shall contain as much of the following information
as is available -
(a) in the case of
an accident, the identifying abbreviation “ACCID” or, in the case of a serious
incident, the identifying abbreviation “INCID”;
(b) the type,
model and the nationality and registration marks of the aircraft;
(c) the name of
the owner, operator and hirer (if any) of the aircraft;
(d) the name of
the commander of the aircraft;
(e) the date and
Co-ordinated Universal Time (UTC) of the accident or serious incident;
(f) the last
point of departure and the next point of intended landing of the aircraft;
(g) the position
of the aircraft by reference to some easily defined geographical point and
latitude and longitude;
(h) the number of
-
(i) crew on board the aircraft at the time of
the accident or serious incident and, in the case of an accident, the number of
them killed or seriously injured as a result of the accident;
(ii) passengers on board the aircraft at the time of the accident or
serious incident and, in the case of an accident, the number of them killed or
seriously injured as a result of the accident;
(iii) in the case of an accident, other persons killed or seriously
injured as a result of the accident;
(i) the nature of the accident or serious incident and the extent of
the damage to the aircraft as far as is known.
(4) Where an incident, other than a serious
incident, takes place in or over Jersey, the owner, operator, commander or
hirer of the aircraft shall, if so required by notice given to him by the Chief
Inspector, send to the Chief Inspector such information as is in his possession
or control with respect to the incident in such form and at such times as may
be specified in the notice.
6. Subject
to the provisions of articles 11(4)(b) and 18 below, the Chief Inspector may at
any time publish, or cause to be published, in Jersey, information relating to
an accident or incident whether or not such accident or incident is the subject
of an investigation by an Inspector.
Removal of damaged
aircraft
7.-(1) Subject to paragraphs (2) and (3) and
article 9 below, where an accident, or a serious incident which results in the
withdrawal from service of an aircraft, occurs in or over Jersey, no person
other than an authorised person shall have access to the aircraft involved and
neither the aircraft nor its contents shall, except under the authority of the
Bailiff, be removed or otherwise interfered with.
(2) The aircraft may be removed or interfered
with so far as may be necessary for the purpose of -
(a) extricating
persons or animals;
(b) removing any
mail, valuables or dangerous goods carried by the aircraft;
(c) preventing
destruction by fire or other cause;
(d) preventing any
danger or obstruction to the public, air navigation or other transport;
(e) removing any
other property from the aircraft under the supervision of an Inspector or with
the agreement of an Inspector or of a police officer.
(3) If an aircraft is wrecked on water, the
aircraft or any of its contents may be removed to such extent as may be
necessary for bringing it or them to a place of safety.
(4) In this article the expression “authorised
person” means -
(a) any person
authorised by the Bailiff either generally or specially to have access to any
aircraft involved in an accident or serious incident;
(b) any police
officer;
(c) any customs
officer;
(d) the Airport
Director appointed pursuant to Article 2 of the Aerodromes (Administration) (Jersey) Law
1952.
Inspectors of Air
Accidents
8.-(1) For the purpose of carrying out
investigations into accidents and incidents to which this Order applies, the
Bailiff shall, subject to paragraph (2) below, appoint persons as
Inspectors of Air Accidents for Jersey, one of
whom shall be appointed by the Bailiff as Chief Inspector of Air Accidents for Jersey.
(2) The Chief Inspector and any Inspectors shall
be appointed from the body of Inspectors of Air Accidents in the Air Accidents
Investigation Branch of the Department of the Environment, Transport and the
Regions of the United
Kingdom.
(3) The Chief Inspector shall carry out, or cause
an Inspector to carry out, an investigation into accidents and serious
incidents which occur in or over Jersey.
(4) The Chief Inspector may, when he expects to
draw air safety lessons from it, carry out, or cause an Inspector to carry out,
an investigation into an incident, other than a serious incident, which occurs
in or over Jersey.
(5) The Chief Inspector may delegate the task of
carrying out an investigation into an accident or incident in accordance with
paragraph 5.1 or 5.1.1 of the Annex to another Contracting State.
(6) Where the Chief Inspector delegates the task
of carrying out an investigation pursuant to paragraph (5) above, he shall
so far as he is able, facilitate enquiries by the investigator appointed by the
relevant Contracting State.
(7) Without prejudice to the power of an
Inspector to seek such advice or assistance as he may deem necessary in making
an investigation, the Bailiff may at the request of the Chief Inspector appoint
persons to assist an Inspector in a particular investigation and such persons
shall for the purpose of so doing have such of the powers of an Inspector under
this Order as may be specified in their appointment.
(8) The Chief Inspector may arrange for any of
his powers and obligations under this Order to be performed on his behalf by an
Inspector designated by him to be his deputy.
(9) In any case where the Chief Inspector causes
more than one Inspector to carry out an investigation he shall nominate one of
them to be in overall charge of the investigation.
Powers of Inspectors
9.-(1) For the purpose of enabling him to carry out
an investigation into an accident or incident in the most efficient way and
within the shortest time, an investigating Inspector is hereby authorised,
where appropriate in co-operation with the authorities responsible for the
judicial inquiry, to -
(a) have free
access to the site of the accident or incident as well as to the aircraft, its
contents or its wreckage;
(b) ensure an
immediate listing of evidence and controlled removal of debris or components
for examination or analysis purposes;
(c) have immediate
access to and use of the contents of the flight recorders and any other
recordings;
(d) have access to
the results of examination of the bodies of victims or tests made on samples
taken from the bodies of victims;
(e) have immediate
access to the results of examination of people involved in the operation of the
aircraft or of tests made on samples taken from such people;
(f) examine
witnesses; and
(g) have free
access to any relevant information or records held by the owner, the operator
or the manufacturer of the aircraft and by the authorities responsible for
civil aviation or airport operation.
(2) For the purpose of paragraph (1) above
an investigating Inspector shall have power -
(a) by summons
under his hand to call before him and examine all such persons as he thinks
fit, to require such persons to answer any question or furnish any information
or produce any books, papers, documents and articles which the investigating
Inspector may consider relevant and to retain any such books, papers, documents
and articles until the completion of the investigation;
(b) to take
statements from all such persons as he thinks fit and to require any such
person to make and sign a declaration of the truth of the statement made by
him;
(c) on production
if required of his credentials, to enter and inspect any place, building or
aircraft the entry or inspection whereof appears to the investigating inspector
to be requisite for the purposes of the investigation;
(d) on production
if required of his credentials, to remove, test, take measures for the
preservation of or otherwise deal with any aircraft other than an aircraft
involved in the accident or incident where it appears to the investigating
Inspector requisite for the purposes of the investigation; and
(e) to take such
measures for the preservation of evidence as he considers appropriate.
(3) Every person summoned by an investigating
Inspector under paragraph (2)(a) above shall be allowed such expenses as
the Committee may determine.
(4) In this Order “operator” shall have the
meaning given by Article 3 of the Directive and “in co-operation with the
authorities responsible for the judicial enquiry” shall have the same meaning
as in the Directive.
Form and conduct of
investigations
10. The extent of investigations and the procedure to be followed in
carrying out investigations required or authorised under this Order shall be
determined by the Chief Inspector taking account of the purpose described in
article 4 above, the principles and objectives of the Directive and the lessons
he expects to draw from the accident or incident for the improvement of safety.
Inspector’s Report
11.-(1) On completion of an investigation into an
accident or incident, the investigating Inspector shall prepare a report of the
investigation in a form appropriate to the type and seriousness of the accident
or incident.
(2) If it appears to the investigating Inspector
that the investigation of any accident or incident involving a collision
between a civil aircraft and a military aircraft has been completed but for the
investigation of matters affecting the discipline or internal administration of
any of Her Majesty’s naval, military or air forces or by the naval, military or
air forces of any other country which are more appropriate for the investigation
by some other person or body, the investigation may be treated for the purposes
of paragraph (1) above as if it had been completed without such matters
being investigated under this Order. In such a case the report of the
investigation into the accident or incident shall state those matters to which
the investigation has not extended by reason of this paragraph.
(3) The report of an investigation into an
accident shall state the sole objective of the investigation as described in
article 4 above and, where appropriate, contain safety recommendations.
(4) The report of an investigation into an
incident shall -
(a) where
appropriate, contain relevant safety recommendations;
(b) protect the
anonymity of the persons involved in the incident; and
(c) be circulated
by the investigating Inspector to the parties likely to benefit from its
findings with regard to safety.
(5) A safety recommendation shall in no case
create a presumption of blame or liability for an accident or incident.
(6) The Chief Inspector shall submit a copy of
every report prepared pursuant to paragraph (1) above to the Secretary of
State, the Bailiff and the Committee without delay.
(7) In this article the expression “investigating
Inspector” in a case where more than one Inspector is carrying out the task of
investigation means the Inspector nominated under article 8(9) above.
Notice of Inspector’s
Report and Representations thereon
12.-(1) No report which is required by article 13 to
be published shall be so published if, in the investigating Inspector’s
opinion, it is likely to affect adversely the reputation of any person, until
the investigating Inspector has -
(a) where it
appears to him to be practicable to do so, served a notice under this article
upon that person, or if that person is a deceased individual, upon the person
who appears to him, at the time he proposes to serve notice pursuant to this
paragraph, to represent best the interest of the deceased in the matter; and
(b) made such
changes to the report as he thinks fit following his consideration of any
representations which may be made to him in accordance with paragraph (3)
below by or on behalf of the person served with such notice.
(2) The notice referred to in sub-paragraph (a)
of paragraph (1) above shall include particulars of any proposed analysis
of facts and conclusions as to the cause or causes of the accident or incident
which may affect the person on whom or in respect of whom the notice is served.
(3) Any representations made pursuant to
sub-paragraph (b) of paragraph (1) above shall be in writing and
shall, subject to paragraph (6) below, be served on the investigating
Inspector within 28 days of service of the notice referred to in sub-paragraph (a)
of paragraph (1) above.
(4) A copy of the report submitted to the
Secretary of State, the Bailiff and the Committee under article 11(1) above
shall be served by the investigating Inspector on any person who has been
served with a notice pursuant to paragraph (1) above.
(5) No person shall disclose or permit to be
disclosed any information contained in any notice or report served on him
pursuant to paragraph (1) or (4) above to any person without the prior
consent in writing of the Chief Inspector.
(6) The Chief Inspector shall have power to
extend the period of 28 days prescribed in paragraph (3) above and this
power shall be exercisable notwithstanding that that period has expired.
(7) In this article the expression “investigating
Inspector” in a case where more than one Inspector is carrying out the task of
investigation means the Inspector nominated under article 8(9) above.
Publication of Reports
13. Subject to article 12(1) above, the Chief Inspector shall cause the
report of an investigation into an accident or incident to be made public in
the shortest time possible (and, if possible, within 12 months of the date of
the accident or serious incident) and in such manner as he thinks fit.
Safety recommendations
14.-(1) The Chief Inspector shall cause the reports
referred to in article 13 above, including those not required to be published
and including the safety recommendations contained therein, to be communicated
to the undertakings or national aviation authorities concerned.
(2) Any undertaking or authority to which a safety
recommendation is communicated pursuant to paragraph (1) above shall,
without delay -
(a) take that
recommendation into consideration and, where appropriate, act upon it;
(b) send to the
Committee -
(i) full details of the measures, if any, it has
taken or proposes to take to implement the recommendation and, in a case where
it proposed to implement measures, the timetable for securing that
implementation; or
(ii) a full explanation as to why the recommendation is not to be the
subject of measures to be taken to implement it; and
(c) to give notice
to the Committee if at any time any information provided to the Committee in
pursuance of sub-paragraph (b)(i) above
concerning the measures it proposes to take or the timetable for securing their
implementation is rendered inaccurate by any change of circumstances.
Reopening of Investigation
15.-(1) The Chief Inspector may cause the
investigation of any accident or incident to be reopened and shall do so -
(a) if, after the
completion of the investigation, evidence has been disclosed which is in his
opinion both new and important; or
(b) if for any
other reason there is in his opinion ground for suspecting that the reputation
of any person has been unfairly and adversely affected.
(2) Any investigation reopened shall be subject
to and conducted in accordance with the provisions of this Order.
Accredited representatives
16.-(1) Where an investigation of an accident or
serious incident is being carried out by an investigating Inspector pursuant to
article 8 above, an accredited representative appointed by any of -
(a) the State of Registry;
(b) the State of Design;
(c) the State of Manufacture;
(d) the State of the Operator;
(e) a Contracting
State which has, on request, furnished information, facilities or experts to
the investigating Inspector in connection with the accident or serious incident
-
may take part in the investigation, that is to say, he shall be
permitted to visit the scene of the accident, examine the wreckage, question
witnesses, receive copies of all pertinent documents (saving all such just
exceptions as may be determined by the investigating Inspector), have access to
all relevant evidence and make submissions; and he may be accompanied by such
technical and other advisers as may be considered necessary by the authorities
of the country or territory by which he is appointed.
(2) In this article the expression “accredited
representative”, “State of Registry”, “State of Design”, “State of Manufacture”
and “State of the Operator” have the meanings given to them by Chapter 1 of the
Annex and the expression “investigating Inspector” in a case where more than
one Inspector is carrying out the task of investigating means the Inspector
nominated under article 8(9) above.
Obstruction of
Investigation
17.-(1) No person shall obstruct or impede an
Inspector or any person acting under the authority of the Bailiff in the
exercise of any powers or duties under this Order.
(2) No person shall without reasonable excuse fail,
after having had the expenses (if any) to which he is entitled under this Order
tendered to him, to comply with any summons of an Inspector holding an
investigation.
Disclosure of relevant
records
18.-(1) Subject to paragraphs (2) and (4) to (6)
below no relevant record shall be made available by the Secretary of State, the
Bailiff or the Committee to any person for purposes other than accident or
incident investigation.
(2) Nothing in paragraph (1) above shall
preclude the Secretary of State, the Bailiff or the Committee making a relevant
record available to any person where -
(a) in a case
where that person is a party to or otherwise entitled to appear at judicial
proceedings, the Royal Court has ordered that the relevant record shall be made
available to him for the purpose of those proceedings; or
(b) in any other
circumstances, the Royal Court
has ordered that the relevant record shall be made available to him for the
purpose of those circumstances.
(3) In this article -
(a) “Bailiff”,
“Committee” and “Secretary of State” include an Inspector and an officer of any
of those persons;
(b) “judicial
proceedings” includes any proceedings before any court, tribunal or person
having by law power to hear, receive and examine evidence on oath; and
(c) “relevant
record” means any item relating to an accident or incident in or over Jersey in
the possession, custody or power of the Secretary of State, the Bailiff or the
Committee (as the case may be) which is of a kind referred to in sub-paragraphs (a)
to (e) of paragraph 5.12 of the Annex.
(4) Subject to paragraph (6) below no order
shall be made under paragraph (2) above unless the Royal Court is
satisfied that the interests of justice in the judicial proceedings or
circumstances in question outweigh any adverse domestic and international
impact which disclosure may have on the investigation into an accident or
incident to which the record relates or any future accident or incident
investigation undertaken in Jersey.
(5) A relevant record or part thereof shall not
be treated as having been made available contrary to paragraph (1) above
in any case where that record or part is included in the final report (or the
appendices to the final report) of the accident or incident.
(6) The provisions of this Order shall be without
prejudice to any rule of law which authorises or requires the withholding of
any relevant record or part thereof on the ground that the disclosure of it
would be injurious to the public interest.
Revocation and transitional
provision
19. The Civil Aviation
(Investigation of Air Accidents) (Jersey) Order 1975 is hereby revoked,
save that it shall continue to apply to any investigation commenced under it
prior to the coming into force of this Order.
A.K.
GALLOWAY
Clerk of the Privy Council.