Air Navigation (Investigation of Accidents) Regulations (Cth)

STATUTORY RULES.

1927. No. 118.

 

REGULATIONS UNDER THE AIR NAVIGATION ACT 1920.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Navigation Act 1920, to come into operation forthwith.

Dated this thirteenth day of October, 1927.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

T. W. GLASGOW

Minister of State for Defence.

 

Air Navigation (Investigation of Accidents) Regulations.

Short title.

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

Repeal.

2. The Regulations under the Air Navigation Act 1920 dated 26th day of May, 1927 (Statutory Rules 1927, No. 47) are repealed.

Definition.

3. In these Regulations, unless the contrary intention appears—

“Aircraft ” includes aeroplanes, seaplanes, airships, balloons, or any other means of air navigation.

“Serious structural damage ” in relation to aircraft means:—

(i) the breaking of a longeron or telescoping of the fuselage;

(ii) the breaking of a main spar;

(iii) the breaking of any part of the controls; or

(iv) damage by fire to any part of the aircraft;

“Forced landing” means any landing, including landing on an aerodrome, made necessary through the failure or partial failure from any cause of any part of the aircraft, including engine, in flight;

“Serious injury ” means an injury certified to be serious by a duly qualified medical practitioner.

“The Minister ” means the Minister of State for Defence.

Application of Regulations.

4. These Regulations shall apply to any accident occurring to any aircraft from the time the engine of the aircraft is started or the pilot takes his seat until the aircraft and its engine are brought to rest.

Constitution of Air Accidents Investigation Committee.

5. (1) For the purpose of investigating accidents in relation to aircraft, there shall be an Air Accidents Investigation Committee consisting of a Chairman and four members to he appointed by the Minister.

(2) The Chairman shall receive such remuneration, not exceeding Five hundred pounds per annum, as is fixed by the Minister.

781.—Price 3d.

 

Accidents to be reported.

6. (1) Accidents arising out of Air Navigation and involving injury to personnel or damage to aircraft, and forced landings, shall be reported to the Minister as provided in these Regulations.

(2) The Minister shall forward to the Committee each report received by him in pursuance of this regulation.

Committee to investigate accidents.

7. The Committee shall investigate each accident reported to it which it deems advisable to investigate, with a view to determining the cause of the accident and recommending to the Minister such action as the Committee considers should be taken to prevent recurrence.

Power to summon witnesses, &c.

8. For the purpose of the investigation of accidents, the Committee may, by writing under the hand of the Chairman of the Committee summon any person to attend before the Committee at a time and place named in the summons, and then and there to give evidence and to produce any books, documents, or writings in his custody or control which he is required by the summons to produce.

Failure to attend as witness.

9. If any person served with a summons to attend before the Committee, whether the summons is served personally or by being left at his usual place of abode, fails without reasonable excuse to attend before the Committee, he shall be guilty of an offence.

Penalty: Fifty pounds.

Refusal to be sworn or produce documents.

10. If any person appearing as a witness before the Committee refuses to be sworn or to make an affirmation or to answer any question relevant to the inquiry put to him by any member of the Committee, or refuses to produce any documents, books, or writings relevant to the inquiry, he shall be guilty of an offence.

Penalty: Fifty pounds.

Committee to have right of access to aircraft establishments.

11. (1) For the purpose of the investigation of accidents the Committee shall have the right of access to any aircraft establishment, and of examination of any aircraft, equipment or process in that establishment.

(2) Any person who hinders or obstructs any member of the Committee in the exercise of any powers conferred by the last preceding sub-regulation shall be guilty of an offence.

Penalty: Fifty pounds.

Reports on accidents.

12. (1) In the case of any forced landing, or where an accident arising out of Air Navigation involves death or serious injury to any person whether carried in the aircraft or not, or serious structural damage to the aircraft, such forced landing or accident shall be reported, as follows:—

(a) In the case of aircraft controlled by the Royal Australian Air Force, a report shall be made by the Air Board to the Minister as soon as possible; and

(b) In the case of any other aircraft—

(i) where the accident occurs in or over the Commonwealth or its territories—the owner, hirer or pilot shall, within twenty-four hours after the accident, send notice by telegram to the Controller or Civil Aviation;

 

(ii) where the accident occurs elsewhere than in or over the Commonwealth or its territories—the owner, hirer or pilot shall forthwith send notice in writing to the Controller of Civil Aviation; and

(iii) where there is a forced landing, the owner, hirer or pilot shall forthwith send notice in writing to the Controller of Civil Aviation.

(2) The Controller of Civil Aviation shall, on receipt of such notice of accident or forced landing, report same to the Minister.

(3) Any notice required to be sent to the Controller of Civil Aviation under paragraph (b) of sub-regulation (1) of this regulation shall state—

(i) The nationality and the registration marks of the aircraft;

(ii) The name of the owner and hirer (if any) of the aircraft;

(iii) The name of the pilot of the aircraft;

(iv) The place where the accident or forced landing took place;

(v) The date and time when the accident or forced landing took place;

(vi) The nature of the accident or cause of the forced landing; and

(vii) Whether death or serious injury was caused by the accident, and if so, to whom.

(4) In the event of a failure to send any notice required under paragraph (b) of sub-regulation (1) of this regulation the responsibility for non-compliance with that paragraph shall lie upon the owner of the aircraft.

(5) Any person failing to comply with this Regulation shall be guilty of an offence.

Penalty: Fifty pounds.

Aircraft not to be removed without permission.

13. (1) Where an accident to which these Regulations apply occurs in or over the Commonwealth or its territories, and involves death or serious injury to any person carried in the aircraft—

(a) The aircraft shall not, except under the authority of the Minister, be removed or otherwise interfered with, until the expiration of three days after notice of the accident has been given in accordance with these Regulations, and the Minister may in any particular case direct that it shall not be removed or otherwise interfered with until the expiration of such longer period as he directs:

Provided that—

(i) The aircraft or any parts thereof may be removed or interfered with so far as is necessary for the purpose of extricating persons or animals involved, removing any mails carried by the aircraft, preventing destruction by fire or other cause, or preventing any danger or obstruction to the public; and

(ii) goods or baggage may be removed from the aircraft under the supervision of an officer of police, but, in the case of an aircraft which has come

 

from a place outside the Commonwealth or its territories, shall not be removed from the vicinity of the aircraft except on clearance by or with the consent of an officer of Customs.

(b) The Minister may authorize any person, so far as is necessary for the purpose 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:

Provided that if an aircraft is wrecked on the water, the aircraft and its contents may be removed to a place of safety.

(2) Any person failing to comply with the provisions of this Regulation shall be guilty of an offence.

Penalty: Fifty pounds.

Committee may authorize person to conduct an investigation.

14. (1) The Committee may, by writing under the hand of the Chairman of the Committee, authorize any member of the Committee, or any person generally or specially appointed for the purpose by the Committee to conduct an investigation into any matter to which these Regulations apply.

(2) An investigation under this Regulation shall be so conducted that if a charge is made or is likely to he made against any person, that person shall have an opportunity of being present and of making a statement, or giving evidence, and producing witnesses on his behalf.

(3) Any person who hinders or obstructs a person appointed under this Regulation to carry out an investigation shall be guilty of an offence.

Penalty: Fifty pounds.

Report of investigation.

15. Upon concluding his investigation the person appointed to conduct such investigation shall forward a report thereon in writing to the Chairman, Air Accidents Investigation Committee, covering the whole of the investigation made by him and shall forward with such report all signed statements or other documents which have come into his possession in the course of his investigation.

Police powers of State not affected.

16. Nothing in these Regulations shall be deemed to affect or restrict the right of any State Government in respect to the Police powers of the State.

 

By Authority: H. J. Green, Government Printer, Canberra.