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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Republic of Latvia

Cabinet
Regulation No. 423
Adopted 31 May 2011

Procedures for Investigation of Civil Aviation Accidents and Incidents

Issued pursuant to Section 70,
Paragraph one of the Law On Aviation

I. General Provisions

1. This Regulation prescribes the procedures for investigation of civil aviation accidents, serious incidents and incidents.

2. This Regulation shall apply to civil aircraft within the meaning of the Law On Aviation, as well as to such civil aircraft of the Republic of Latvia which are utilised by customs and the State Border Guard.

3. Civil aviation accidents, serious incidents and incidents shall be investigated pursuant to Annex 13, Aircraft Accident and Incident Investigation, (hereinafter - Annex 13) to the Convention on International Civil Aviation signed on 7 December 1944 (hereinafter - Convention) and Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (hereinafter - Regulation No 996/2010).

4. The terms "investigator-in-charge", "safety investigation", "safety investigation authority" and "serious incident" are used in this Regulation in accordance with Article 2 of Regulation No 966/2010. The terms "State of manufacture", "State of design" and "adviser" are used in this Regulation in accordance with Annex 13 to the Convention.

II. Safety Investigation Authority

5. Within the meaning of Regulation No 996/2010, the safety investigation authority shall be the Transport Accident and Incident Investigation Bureau (hereinafter - Investigation Bureau).

6. Accredited representatives and advisers thereof within the meaning of Annex 13 to the Convention shall be designated by the Director of the Investigation Bureau.

7. When conducting investigation of civil aviation accidents, serious incidents and incidents, the Investigation Bureau shall co-operate with:

7.1. institutions performing search and rescue work in aviation and maritime accidents;

7.2. the National Armed Forces;

7.3. the State Fire-fighting and Rescue Service;

7.4. the State Police;

7.5. the State Emergency Medical Service and medical treatment institutions;

7.6. aircraft operators;

7.7. the Latvian Association of Local and Regional Governments, relevant local governments of towns and municipalities, and local government police;

7.8. the State Border Guard;

7.9. court;

7.10. the Office of the Prosecutor.

III. Reporting Civil Aviation Accidents and Serious Incidents

8. When reporting civil aviation accidents or serious incidents that have occurred in the territory of the Republic of Latvia, the Investigation Bureau shall send a notification to the relevant addressees indicated in the activity checklist (Annex 1).

9. If in the course of safety investigation facts are discovered that attest to the risks which endanger aviation safety, the Investigation Bureau shall prepare a preliminary report and send it to the relevant addressees in ECCAIRS (European Coordination Centre for Accident and Incident Reporting Systems) E4F data format file.

10. If the Republic of Latvia is the State of registry, State of the operator, State of design or State of manufacture of an aircraft involved in a civil aviation accident or serious incident, the Investigation Bureau shall, utilising available communication means, send the safety investigation authority of the relevant State a confirmation concerning the receipt of the civil aviation accident or serious incident notification.

11. After receipt of information concerning a civil aviation accident, the Investigation Bureau shall inform the Minister for Transport thereof without delay. The Investigation Bureau shall, after it has received information or has learned itself regarding a civil aviation accident or serious incident, institute safety investigation without delay.

IV. Safety Investigation in the Territory of the Republic of Latvia

12. An investigator-in-charge, who is designated by the Director of the Investigation Bureau, has the following rights and duties in addition to those specified in Article 11(2) of Regulation No 996/2010 and Section 74 of the Law On Aviation:

12.1. take a final decision in all matters related to the organisation, methodology and practice of the safety investigation;

12.2. give orders and instructions to all participants in the safety investigation, as well as the operators of the aircraft involved in a civil aviation accident, serious incident or incident;

12.3. suggest urgent measures for the improvement of aviation safety if the necessity thereof has been determined during the safety investigation process;

12.4. involve in the safety investigation the necessary specialists, request and receive the information and documents necessary for the safety investigation from legal and natural persons;

12.5. suspend from participation in the safety investigation persons who have violated this Regulation or who systematically ignore the instructions of the investigator-in-charge;

12.6. request that foreign accredited representatives and their advisers provide all information at the disposal thereof which is related to the safety investigation;

12.7. organise the necessary tests and research;

12.8. not to divulge information regarding the course of the investigation and the ascertained circumstances;

12.9. carry out necessary measures in order to ensure compliance with the requirements of the safety investigation; and

12.10. co-operate with the person directing the proceedings, if the criminal proceedings have been initiated, and provide information necessary in the criminal proceedings pursuant to Regulation No 996/2010.

13. Investigators of the Investigation Bureau and invited specialists have the following rights in addition to those specified in Article 11(2) of Regulation No 996/2010 and Section 74 of the Law On Aviation:

13.1. have access to all safety investigation materials;

13.2. participate in the safety investigation without any restrictions;

13.3. express their opinion regarding any safety investigation issue and request the reflection of this opinion in the safety investigation records; and

13.4. request that additional information and documents are appended to the safety investigation materials.

14. Organisations and merchants associated with manufacture and certification of aircraft or facilities thereof shall participate in the safety investigation, if their participation has been approved by the investigator-in-charge. The aforementioned organisations and merchants shall designate qualified representatives for participation in the safety investigation. Each representative of a safety investigation participant shall sign the document prepared by the Investigation Bureau, where the rights, duties and restrictions of the representative of the safety investigation participant are specified.

15. The representatives of a safety investigation participant referred to in Paragraph 15 of this Regulation shall be responsible for implementation of instructions given by the investigator-in-charge. If the representatives of a safety investigation participant fail to carry out the tasks delegated to them, fail to observe the restrictions of activities or instructions or if the activities carried out by them interfere with the safety investigation, the Investigation Bureau is entitled to discontinue participation of such representatives in the safety investigation and request the relevant organisation and merchant to designate another representative.

16. In order to prevent the conflict of interests, the organisations or persons which have submitted claims in respect of the relevant civil aviation accident or serious incident are not entitled to participate in the safety investigation conducted by the Investigation Bureau.

17. Accredited representatives of the State of registry, State of the operator, State of design or State of manufacture of an aircraft involved in a civil aviation accident and advisers thereof have a duty to provide all the available information, which is related to the aircraft involved in a civil aviation accident, to the Investigation Bureau. Accredited representatives and advisers thereof shall not divulge information regarding the course of the investigation and conclusions without the consent of the Investigation Bureau.

18. Persons involved in a civil aviation accident, serious incident or incident, who are related to the aircraft operation, maintenance or air traffic control, shall be taken, immediately after an occurrence, to any medical treatment institution specified in regulatory enactments for detecting alcoholic, narcotic, psychotropic or toxic substances and determining their effect, drawing up a written referral addressed to the medical treatment institution and indicating the type and reason of the medical examination therein. The Investigation Bureau has the right to receive the results of such medical examination.

19. A flight recorder shall be removed from the aircraft, its recordings shall be read-out and the recorded data shall be processed only by specially trained and qualified staff. The Investigation Bureau shall ensure flight recorder data preservation, forwarding and analysis.

20. Investigators of the Investigation Bureau shall remove aircraft wreckage, recorded data and other physical evidence necessary for a safety investigation, drawing up a deed regarding it. Only investigators of the Investigation Bureau and persons authorised by the investigator-in-charge are entitled to have access to such physical evidence. If aircraft wreckage, recordings and other physical evidence are not necessary for a safety investigation any more, the Investigation Bureau shall hand them over to the owner, drawing up and signing the deed of delivery and acceptance (Annex 2). If criminal proceedings have been initiated, the aforementioned activities shall be carried out with the permission of a person directing the proceedings.

21. The Investigation Bureau is entitled to request a complete autopsy examination of the bodies of the persons fatally injured in a civil aviation accident, as well as to receive a copy of the autopsy examination of the bodies of the persons fatally injured in a civil aviation accident. If criminal proceedings have been initiated, the aforementioned activities shall be carried out with the permission of a person directing the proceedings.

22. If, after the investigation has been closed, new significant evidence becomes available, the safety investigation may be re-opened. If the Republic of Latvia is not the State which instituted the safety investigation, the Investigation Bureau shall request the consent of the State which instituted the safety investigation in order to re-open it.

23. Information concerning a civil aviation accident or serious incident shall be provided to mass media at the site of the occurrence by the Director of the Investigation Bureau or an authorised person thereof, except the protected confidential information related to the safety investigation.

24. During the course of an investigation, information concerning the civil aviation accident or serious incident shall be provided to mass media or other interested persons following the consultation with the investigator-in-charge. If criminal proceedings have been initiated, information shall be provided to mass media by the investigator-in-charge and person directing the proceedings, by mutual agreement as regards the content of the information to be provided.

25. If a request has been received, the Investigation Bureau shall sent the person directing the proceedings certain information concerning the course of the safety investigation.

V. Safety Investigation in a Foreign State

26. If an aviation accident or serious incident involving an aircraft registered, operated, designed or manufactured in the Republic of Latvia is investigated in a foreign State, an accredited representative of the Investigation Bureau shall participate in such safety investigation.

27. The Investigation Bureau shall inform the safety investigation authority of the State of the occurrence regarding the accredited representative who will participate in the safety investigation in the State of the occurrence.

28. If an aviation accident or serious incident involving an aircraft designed or manufactured in the Republic of Latvia is investigated in a foreign State, the Director of the Investigation Bureau shall appoint, on a contract basis, one or several advisers proposed by the organisations responsible for the aircraft type design and the final assembly of the aircraft, to assist the accredited representative.

29. If in the cases referred to in Paragraph 28 of this Regulation the relevant State has delegated the Republic of Latvia to carry out all safety investigation measures, such safety investigation shall be carried out by the investigators of the Investigation Bureau.

30. If an aviation accident or serious incident involving an aircraft designed or manufactured in the Republic of Latvia is investigated in a foreign State, the Director of the Investigation Bureau shall appoint, on a contract basis, one or several advisers proposed by the aircraft operator, to assist the accredited representative.

31. The Director of the Investigation Bureau may request an opportunity to participate in a safety investigation from the State investigating the civil aviation accident, if there are nationals of the Republic of Latvia among the fatally or seriously injured persons. In such a case, the Director of the Investigation Bureau shall designate an expert who has the right to interview survivors of the civil aviation accident, who are nationals of the Republic of Latvia.

VI. Final Report

32. Following each safety investigation, the Investigatory Bureau shall prepare a final report according to the type of a civil aviation accident, serious incident or incident. It shall be indicated in such a report that the sole objective of the safety investigation is the prevention of future civil aviation accidents and incidents without apportioning blame or liability.

33. The final report shall be the closing document of a safety investigation. When drawing up the final report, the investigation materials, results of studies, as well as any other information at the disposal of the Investigation Bureau, shall be taken into account.

34. The final report shall be drawn up in order to provide an unbiased presentation of the circumstances and causes of a civil aviation accident, serious incident or incident established during the safety investigation.

35. The final report shall be signed by the Director of the Investigation Bureau, investigator-in-charge, investigators of the Investigator Bureau and all the specialists invited. In case of any dispute concerning the content of the final report, the final report shall be prepared in the wording proposed by the investigator-in-charge. A specialist or investigator of the Investigation Bureau who disagrees with the content of the final report shall sign it with a note regarding his or her differing opinion and shall substantiate such an opinion.

36. If appropriate, aviation safety recommendations shall be included in the final report.

37. The date of signing of the final report shall be considered to be the final day of the safety investigation.

38. If criminal proceedings have been initiated, the final report, following the signing thereof, shall also be sent to the person directing the proceedings.

VII. Control over the Implementation of Aviation Safety Recommendations During the Course of an Investigation

39. In order to improve aviation safety, the Investigation Bureau shall send aviation safety recommendations to aviation authorities and other interested persons in the Republic of Latvia, safety investigation authorities of the relevant foreign States and the International Civil Aviation Organisation. A copy of aviation safety recommendations shall be sent to the European Commission and the European Aviation Safety Agency. The Investigation Bureau, at any stage of a safety investigation, is entitled to send the addressees referred to in this Paragraph the safety recommendations for any preventive activity, in order to improve aviation safety.

40. The Investigation Bureau shall control and analyse measures for implementation of aviation safety recommendations pursuant to the procedure specified in Regulation 996/2010.

41. If during the analysis and assessment of a measure for implementation of aviation safety recommendations the Investigator Bureau concludes that the measures carried out by the relevant authority are not satisfactory or only partially satisfactory, the Investigation Bureau shall request the State agency "Civil Aviation Agency" to specify a term for rectification of the deficiencies determined. The State agency "Civil Aviation Agency" shall specify the term by assessing all the circumstances of the case in general.

42. If the civil aviation authorities of the Republic of Latvia, legal or natural persons receive aviation safety recommendations or proposals developed by the aviation authorities of a foreign State, they shall inform the Investigation Bureau regarding the planned or taken preventive measures or reasons due to which such measures have not been taken.

Prime Minister V. Dombrovskis

Minister for Transport U. Augulis

 

Annex 1
Cabinet Regulation No. 423
31 May 2011

ACTIVITY CHECKLIST

 
(accident/incident)

Reg. No._________ Site of occurrence__________________ Date_________ Time______

No. Documents Names of the addressees Date Notes
sent received
1.   Notification regarding an accident/incident      
2 Notification regarding an accident/incident   State of registry    
State of the operator    
State of manufacture    
State of design    
ICAO/>2250 kg   AIGInbox@icao.int
3. Additional information regarding an accident/incident   ICAO/>2250 kg   AIGInbox@icao.int
4. Preliminary report   State of occurrence    
State of registry    
State of the operator    
State of manufacture    
State of design    
State providing information    
ICAO/>2250 kg   AIGInbox@icao.int
5. Notification regarding dangerous goods   State of occurrence    
6. Draft final report   State of registry    
State of the operator    
State of manufacture    
State of design    
Beneficiaries    
7.   Comments and notes (60 days) State of registry    
State of the operator    
State of manufacture    
State of design    
Beneficiaries    
8. Final report   State instituting the investigation    
State of registry    
State of the operator    
State of manufacture    
State of design    
Persons seriously injured    
European Commission    
EASA    
ICAO/>5700 kg   AIGInbox@icao.int

Minister for Transport U. Augulis

 

Annex 2
Cabinet Regulation No. 423
31 May 2011

Deed of Acceptance and Delivery of Aircraft Wreckage and Parts

Investigation registration number  
Title of the investigation  
Owner/company name  
Owner/company address  
Telephone number, e-mail address  

The investigation materials enumerated in the Table have been delivered/issued by TNGII Bureau on the date indicated.

No. Document or object Date of delivery Date of returning Notes
         
         
         

 

Issued by (investigator)  
  (given name, surname and signature)
Recipient (owner)  
  (given name, surname and signature)

This deed of delivery and acceptance is drawn up in two copies, one copy is for the owner, the second one - the investigator. If there are several owners, a separate deed of delivery and acceptance shall be drawn up for each owner.

Minister for Transport U. Augulis

 


Translation © 2011 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 423Adoption: 31.05.2011.Entry into force: 30.06.2011.Publication: Latvijas Vēstnesis, 99 (4497), 29.06.2011.
Language:
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