Accredited representatives, advisers, etc., of Contracting States
11.—(1) Where an investigation into an accident or a serious incident is being carried out by an investigator-in-charge under this Order, each of the following States that is a Contracting State shall be entitled to appoint an accredited representative to participate in the investigation and one or more advisers, to assist the accredited representative:
(a)
the State of Registry;
(b)
the State of the Operator;
(c)
the State of Manufacture;
(d)
the State of Design;
(e)
a State which has, on request, provided information, facilities or experts to the investigator-in-charge in connection with the investigation.
(2) An accredited representative shall be entitled to participate in all aspects of an investigation under the control of the investigator-in-charge and shall be entitled, in particular, to —
(a)
visit the scene of the accident;
(b)
examine the wreckage;
(c)
obtain witness information and suggest areas for questioning witnesses;
(d)
have full access to all relevant evidence as soon as possible;
(e)
receive copies of all pertinent documents;
(f)
participate in readouts of recorded media;
(g)
participate in off-scene investigative activities such as component examinations, technical briefings, tests and simulations;
(h)
participate in investigation progress meetings, including deliberations related to analysis, findings, causes and safety recommendations; and
(i)
make submissions in respect of various aspects of the investigation.
(3) Notwithstanding sub-paragraph (2), the participation of the accredited representative of a Contracting State other than the State of Registry, the State of the Operator, the State of Design and the State of Manufacture may be limited to those matters in respect of which the State has, on request, provided information, facilities or experts to the investigator-in-charge in connection with the investigation.
(4) The investigator-in-charge shall allow a Contracting State which has a special interest in an accident by virtue of fatalities or serious injuries to its citizens to appoint an expert to participate in the investigation if the Contracting State so requests.
[S 218/2009 wef 25/05/2009]
(5) An expert appointed under sub-paragraph (4) shall be entitled to —
(a)
visit the scene of the accident;
(b)
have access to the relevant factual information;
(c)
participate in the identification of victims;
(d)
assist in questioning surviving passengers who are citizens of the expert’s State; and
(e)
receive a copy of the Final Report.
(6) An adviser assisting an accredited representative shall be entitled to participate in the investigation under the accredited representative’s supervision and to the extent necessary to make the accredited representative’s participation effective.
(7) The accredited representative, his adviser and the expert appointed under sub-paragraph (4) —
(a)
shall provide the investigator-in-charge with all relevant information available to them; and
(b)
shall not disclose any information on the progress and findings of the investigation without the express consent in writing of the investigator-in-charge.