The Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace (see regulation 5) the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996 (S.I. 1996/2798) and the Civil Aviation (Investigation of Military Air Accidents at Civil Aerodromes) Regulations 2005 (S.I. 2005/2693). They make consequential amendments to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (S.I. 2013/1471) (“RIDDOR”) in order to ensure that injuries arising from air accidents which are required to be notified to the Air Accidents Investigation Branch continue to be excluded from the relevant notification and reporting requirements in RIDDOR.

In part, these Regulations supplement Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20th October 2010 on the investigation and prevention of accidents and incidents in civil aviation (OJ No L 295, 12.11.10, p35) (“Regulation 996/2010”), as amended by Regulation (EU) No 376/2014 (OJ No L 122, 24.4.14, p18).

The following provisions do not supplement Community obligations: regulations 11, 15, 16 and 18. Regulations 11 and 18 implement requirements in Annex 13 to the Chicago Convention (signed on behalf of the United Kingdom Government on 7th December 1944 at the International Civil Aviation Conference in Chicago). In regulation 2, “Annex 13” is defined as meaning that Annex as it has effect from time to time. Regulations 15 and 16 are purely domestic provisions.

Regulation 3 defines (a) “an act of unlawful interference”, for the purposes of paragraph 2 of Article 12 of Regulation 996/2010 (which requires the investigator-in-charge to inform the competent authorities when it becomes known or is suspected that such an act was involved in an accident or serious incident), and (b) “victim” (of an accident), for the purposes of paragraphs 4 and 5 of Article 15 of that Regulation (provision of information by the investigation authority to victims and their relatives prior to publication).

Regulation 7 provides that the Air Accidents Investigation Branch (“the AAIB”) (part of the Department for Tranport) continues to be designated as the safety investigation authority for the United Kingdom, for the purposes of Article 4 of Regulation 996/2010, and the accident investigation authority for the purposes of Annex 13.

Regulation 8 provides that the sole objective of a safety investigation is the prevention of accidents and incidents, without the apportionment of blame or liability.

Regulation 9 provides for the appointment of Inspectors of Air Accidents, a Chief Inspector of Air Accidents and a Deputy Chief Inspector and provides that the investigator-in-charge of a safety investigation is the Chief Inspector or any other Inspector selected by the Chief Inspector for that purpose.

As permitted by Regulation 996/2010, regulation 10 empowers the Chief Inspector to cause a safety investigation to be conducted in accordance with Regulation 996/2010, Annex 13 and these Regulations where an accident, serious incident or any other incident occurs in or over the United Kingdom and involves an aircraft to which Regulation 996/2010 would not otherwise apply (including an aircraft engaged in military, customs, police or similar services), but only in cases where the Chief Inspector expects to draw safety lessons for civil aviation from a safety investigation.

Regulation 11 implements paragraph 5.2 of Annex 13. It requires the Chief Inspector to cause a safety investigation to be conducted (insofar as it is practicable to do so) where an accident or serious incident occurs in or over a country or territory other than the United Kingdom or any other State which is party to the Chicago Convention. It applies where the accident or serious incident involves an aircraft in respect of which the United Kingdom is the State of Registry, the State of the Operator, the State of Design or the State of Manufacture (as defined in the regulation) and where an investigation is not conducted by another State.

Regulations 12 to 14 confer powers on the Inspectors of Air Accidents, which are supplemental to those conferred by Regulation 996/2010 and Annex 13, to enable them to conduct safety investigations effectively.

Regulation 15 makes provision for the release of evidence by the AAIB following the completion of a safety investigation and for the recovery of the reasonable costs of destruction or disposal of such property where the owner fails to collect it.

Regulation 16 requires the investigator-in-charge to provide any person whose reputation could be adversely affected by a safety investigation report (or such other person who appears to best represent that person’s interests) with particulars of any proposed analysis of facts and conclusions as to the circumstances and causes of the accident or incident prior to the publication of the report, and to permit that person to make written representations regarding that proposed analysis. Following the receipt of such representations, the investigator-in-charge must make such changes to the report as the investigator thinks fit.

Regulation 17 requires the Chief Inspector to provide a pre-publication copy of the final safety investigation report to the Secretary of State and any person on whom a notice has been served under regulation 16.

Paragraphs (1) and (3) of regulation 18 implement paragraph 5.13 of Annex 13 and require the Chief Inspector to reopen a safety investigation where new and significant evidence becomes available. Paragraph (2), which empowers the Chief Inspector to reopen a safety investigation for any other reason where the Chief Inspector considers it appropriate to do so, is a purely domestic provision. In both cases, the Chief Inspector must not reopen a safety investigation which has been delegated to the AAIB without the prior consent of the head of the investigation authority which delegated it.

Regulation 19 repeals subsection (1A) of the Civil Aviation Act 1982 (1982 c.16), in order to reflect the repeal (by Regulation 996/2010) of Council Directive 94/56/EC of 21^st November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents (OJ No L 319, 12.12.1994, p14).

Regulations 20 to 28 specify the acts and omissions that contravene these Regulations. Regulation 29 provides that subsection (5) of section 75 of the Civil Aviation Act 1982 (penalties) applies to all of those provisions, irrespective of whether they are made under section 75.

Copies of Annex 13 of the Chicago Convention can be accessed via the website of the International Civil Aviation Organization (at https://store1.icao.int/index.php/annex-13-aircraft-accident-and-incident-investigation-english-printed-13532.html) as a priced publication.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum is published alongside the instrument at www.legislation.gov.uk.