Secretariat

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Secretariat Introduction

I. Laws and regulations related to aviation occurrence investigations

1. Aviation Safety Council Organization Act and the Regulations for Department Affairs
After a series of domestic plane accidents happened in 1998 causing hundreds of casualties and countless property loss, also heavily damaged the development of our country's aviation industry. In order to improve the aviation safety and prevent the reoccurrence of the similar occurrence, the Executive Yuan established the "Aviation Safety Council" on May 25, 1998, specially in charge of the identification, investigation, and causes identification of aviation occurrences caused by domestic civil aircraft, public aircrafts and ultra-light vehicle. According to Article 3 of the "Aviation Occurrence Investigation Act" (old edition), to impartially investigate the aviation occurrences and improve aviation safety, the government shall establish "Aviation Safety Council," independently performing functions under the law. After years of effort, the Aviation Safety Council Organization Act came into effect on May 20, 2012. In addition, the "Aviation Safety Council Regulations for Department Affairs" and "Aviation Safety Council Organization Table" were approved by the Executive Yuan on March 15, 2012, and came into effect on May 20, 2012.

2. Aviation Occurrence Investigation Act
"Aviation Occurrence Investigation Act" was promulgated on June 2, 2004. There are five chapters, 38 articles contained in the Act. The Executive Yuan sent the draft as priority bill to the Legislative Yuan for review and approved on October 24, 2003. The first reading was completed on December 22 the same year, the amendments were passed without objection through partisan negotiation on April 23, 2004, and the Act was promulgated and came into effect on June 2, 2004.
Due to the rapid growth of aviation technology, lots of changes of civil aviation laws and regulations have been made therefore nationally and international, resulted that some provisions of the Act incapable of meeting the needs of the actual practices. So, the ASC started the procedures to amend the Act. The amendments were passed by the Legislative Yuan on May 30, 2014, and promulgated on June 18, 2014.

3. The Regulation Governing the Handling of Investigation Procedures for Aviation Occurrences for Civil and Public Aircraft
After the Aviation Occurrence Investigation Act was promulgated on June 2, 2004, the ASC drafted the “Regulation Governing the Handling of Investigation Procedures for Aviation Occurrences for Civil and Public Aircraft” and the “Regulation Governing the Handling of Investigation Procedures for Aviation Occurrences for Ultra-light Vehicle” and promulgated on December 21, 2004.
There are 8 chapters, 26 provisions contained in The “Regulation Governing the Handling of Investigation Procedures for Aviation Occurrences for Civil and Public Aircraft”, and 9 provisions in the “Regulation Governing the Handling of Investigation Procedures for Aviation Occurrences for Ultra-light Flight Aircraft”
Based on the amendments of “Aviation Occurrence Investigation Act”, the ASC drafted the amendments of the two regulations. After several meetings and discussion with related organizations, the amendments of two regulations were promulgated on November 20, 2014.

4. The Standard Operation Procedure for Aviation Occurrence Investigation
The Standard Operation Procedure for Aviation Occurrence Investigation (hereinafter referred to as SOP) was established based on the “Regulation Governing the Handling of Investigation Procedures for Aviation Occurrences for Civil and Public Aircraft” and “Regulation Governing the Handling of Investigation Procedures for Aviation Occurrences for Ultra-light Vehicle”, aimed to unify the ASC's aviation occurrence investigation procedures. There are 9 chapters in the SOP.

II. Aviation Cooperation Agreements

Various areas are involved in the aviation occurrence investigation, so a good team work is important and needed. Due to the ASC's human and material resources are limited, outsourcing hence becomes important so as to complete an investigation. The ASC therefore has signed cooperation agreements with a considerable number of domestic and foreign authorities since its establishment, hoping to achieve the purpose of sharing resources and exchanging techniques. With the assistance provided by these authorities, the ASC was able to carry out the investigations smoothly. The Agreements signed with domestic and foreign organizations are listed as follows:

1. Domestic agreements

  • The ASC signed the "Aviation Safety Council, Executive Yuan and Civil Aeronautics Administration, MOTC Cooperation Agreement" with the Civil Aeronautics Administration On September 10. The Agreement was revised on May 2, 2011.
  • The ASC signed the "Aviation Occurrence Investigation Support Work Agreement" with the National Airborne Service Corps, Ministry of Internal Affairs On August 20, 2005. The Agreement was revised on June 1, 2012.
  • The ASC signed the "Guidelines on Coordination and Communication between Aviation Safety Council, Executive Yuan and Procuratorial Organ for Aviation Occurrence Investigation" with Ministry of Justice on February, 2006,. The Agreement was revised as the "Guidelines on Coordination and Communication between Aviation Safety Investigation Council and Procuratorial Organ for Aviation Occurrence Investigation" on March 12, 2014.
  • In August, 2006, the Council signed the "Aviation Operations Cooperation Memorandum" with Ministry of Defense. The memorandum was revised on June 1, 2013.
  • The ASC signed the "Aviation Occurrence Investigation Support Work Agreement" with the Fire Agency, Ministry of Internal Affairs on June, 2008,. The Agreement was revised in July 1, 2013.
  • The ASC signed the "Cooperation Agreement" with Taoyuan International Airport Co., Ltd. on December 1, 2011. The Agreement was revised on July 1, 2013.

2. International Cooperation

  • The ASC signed the “Sino-Australia Aviation Safety Cooperation Memorandum of Understanding” in July, 1998, with Bureau of Aviation Safety Investigation, Australia, now renamed as Australia Transportation Safety Bureau.
  • The ASC signed the "Sino-Canada Aviation Safety Cooperation Program Memorandum of Understanding" with the Canadian Transportation Safety Board in May, 1999.
  • The ASC was invited to join the International Transportation Safety Association, composed of independent accident investigation agencies from advanced countries (the United States, Canada, Australia, the Netherlands, New Zealand, Sweden, Finland, Russia, India and other countries) as a member in November, 2000.
  • The ASC signed the "International Aviation Accident Investigation Guidelines" with French Bureau D'enquetes Et D'Analyses in May, 2001.
  • The ASC signed the "Sino-Britain Cooperation Memorandum of Understanding" with British Accident Investigation Bureau.
  • The "Aviation Safety Agreement between East Asian Relations Association and the Foundation Exchange Association" was signed with Japan. on May 5, 2008.
  • The "Aviation Safety Cooperation Agreement between Taipei Mission in Korea and Korea Mission in Taipei" was signed with Korea o August 11, 2009.
  • The "Transportation Safety Promotion and Cooperation Agreement between Taipei Economic and Cultural Representative Office in the United States and American Institute in Taiwan" was signed with the United States on June 22, 2010.
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