Air Navigation Act |
Air Navigation (Investigation of Accidents) Regulations |
Rg 3 |
REVISED EDITION 1990 |
(25th March 1992) |
[1st May 1977] |
Citation |
1. These Regulations may be cited as the Air Navigation (Investigation of Accidents) Regulations. [S 48/92 wef 01/02/1992] |
Definitions and application |
Notifications of accidents |
3. An accident shall be notified in accordance with regulation 4 if, between the time when any person boards an aircraft with the intention of flight and such time as all persons have disembarked therefrom —
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Requirements as to notification of accidents |
4.—(1) Where a notifiable accident occurs, the commander of the aircraft involved at the time of the accident, or if he is killed or incapacitated, then the owner, operator, hirer or other person on whose behalf he was in command of the aircraft, as the case may be, shall forthwith send notice thereof to the chief executive officer by the quickest means of communication available and, in the case of an accident occurring in Singapore, shall also notify forthwith the police of the accident and of the place where it occurred. [S 48/92 wef 01/02/1992]
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Notification of accidents involving foreign aircraft |
5.—(1) Where a notifiable accident occurs in Singapore to a foreign aircraft which is a civil aircraft, the Minister shall —
[S 48/92 wef 01/02/1992]
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Interference with aircraft involved in accident |
6.—(1) Where a notifiable accident occurs in Singapore, no person other than an authorised person shall have access to the aircraft involved in the accident and the aircraft shall not except under the authority of the chief executive officer, be moved or otherwise interfered with:
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Investigation by an Inspector |
7.—(1) For the purposes of carrying out investigations into the causes and circumstances of accidents under these Regulations the Minister may appoint persons to be Inspectors of Accidents, one of whom shall be appointed by him as the Chief Inspector of Accidents.
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Procedure on investigation |
8.—(1) An Inspector by whom the investigation is made shall have power —
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Report of Inspector |
9.—(1) Upon the completion of an investigation under regulation 7, the Inspector who has carried out the investigation shall make a report to the Minister.
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Public inquiries |
10.—(1) Where it appears to the Minister that it is expedient to hold a public inquiry into the causes and circumstances of an accident to which these Regulations apply, he may direct that a public inquiry shall be held by such person as he may appoint for that purpose; and in any such case any Inspector’s investigation relating to the accident shall be discontinued.
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(9) Affidavits and statutory declarations may, by permission of the Court, be used as evidence at the hearing. |
(10) At the time and place appointed for holding the inquiry the Court may proceed with the inquiry whether the parties, upon whom a notice has been served, or any of them are present or not. |
(11) The Court shall hold the inquiry in public except to the extent to which the Court is of the opinion that in the interest of justice or in the public interest any part of the evidence, or any argument relating thereto, should be heard in camera. |
(12) The proceedings of the inquiry shall commence with the production and examination of witnesses on behalf of the Attorney-General; and —
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(13) When the examination of the witnesses produced on behalf of the Attorney-General has been concluded, the Attorney-General shall state the questions in reference to the accident and the conduct of persons connected with the accident upon which the opinion of the Court is desired. In framing the questions for the opinion of the Court, the Attorney-General shall make such modifications in, additions to, or omissions from, the questions in the notice or subsequent notices referred to in paragraph (5), as, having regard to the evidence which has been given, the Attorney-General or the Court may think fit. |
(14) After the questions for the opinion of the Court have been stated, the Court shall proceed to hear the parties to the proceedings upon and determine the questions so stated; and —
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(15) When the whole of the evidence in relation to the questions for the opinion of the Court has been concluded, any of the parties who desire so to do may address the Court upon the evidence and the Court may be addressed in reply upon the whole case on behalf of the Attorney-General. |
(16) The Court may adjourn the inquiry from time to time and from place to place; and where an adjournment is asked for by any party to the inquiry, the Court may impose such terms as to payment of costs or otherwise as it may think just as a condition of granting the adjournment. |
(17) The Court shall make a report to the Minister stating fully its opinion in respect of the questions stated under paragraph (13), the circumstances of the case and the opinion of the Court as to the causes of the accident and adding any observations and recommendations which the Court thinks fit to make with a view to the preservation of life and the avoidance of similar accidents in future, including a recommendation for the cancellation, suspension or endorsement of any licence, certificate or other document. |
(18) Each Assessor shall either sign the report, with or without reservations, or state in writing his dissent therefrom and his reasons for such dissent, and such reservations or dissent and reasons (if any) shall be forwarded to the Minister with the report. The Minister shall, unless there are good reasons to the contrary, cause such report and reservations or dissent and reasons (if any) to be made public wholly or in part in such manner as he thinks fit. |
(19) Every person attending as a witness before the Court shall be allowed such expenses as would be allowed to a witness attending before a Court, and in the case of dispute as to the amount to be allowed, the matter shall be referred by the Court to an Assistant Registrar of the Supreme Court who on request signed by the Court shall ascertain and certify the proper amount of the expenses:
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(20) The Court may order the costs and expenses of the inquiry, or any part thereof, to be paid by any party, if it finds that the accident was due to the default or negligence of that party or of any person in the employment of that party; and any such order shall, on the application of any person entitled to the benefit thereof, be enforced by a Court of competent jurisdiction as if the costs and expenses were a penalty imposed by that Court, but, subject to any such order, such costs and expenses shall be paid by the Minister. |
(21) Any notice, summons or other document issued under this regulation may be served by sending it by registered post to the last known address of the person to be served. |
(22) The service of any notice, summons or other document may be proved by the oath or affidavit of the person by whom it was served. |
Rehearing of public inquiries |
11.—(1) The Minister may, in any case where a public inquiry has been held, direct a rehearing of the inquiry either generally or as to any part thereof and shall do so —
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Representation of certain countries at investigation or inquiry |
12.—(1) Where an investigation carried out by an Inspector or a public inquiry relates to a notifiable accident which has occurred in Singapore to a foreign aircraft which is a civil aircraft, an accredited representative —
[S 48/92 wef 01/02/1992]
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Provision of reports to other countries and to International Civil Aviation Organisation |
13.—(1) The Minister shall send a copy of the report of the investigation or inquiry into any accident to which regulation 5 applies to the State of Registry and the State of Manufacture and to the country which, on request, has furnished information in connection with the investigation or inquiry.
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Penalty for obstruction |
14.—(1) No person shall obstruct or impede the Court or an Inspector or an Assessor or any person acting under the authority of the Minister in the exercise of any powers or duties under these Regulations.
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Saving of powers |
15. Nothing in these Regulations shall limit the powers of cancelling, suspending or endorsing any licence, certificate or other document under the Act or subsidiary legislation made thereunder. |