Investigation Laws & Regulations

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title: The Regulation Governing the Handling of Investigation Procedures for Aviation Occurrences for Civil and Public Aircraft
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content: Chapter I General Principles
Article 1
The Regulation is prescribed pursuant to Article 36 of the Aviation Occurrence Investigation Act (hereinafter referred to as the “Act”) and shall apply to the investigation of aviation occurrences for civil and public aircraft.
Article 2
The terms used in the Regulation shall be defined as follows:
1. “Death or injury” shall mean the death or injury of a person not resulting from natural causes, self-induced behaviors, intrusion by another person, or concealment in non-passenger and non-crew seated areas for purposes of illegal immigration, which is caused by any of the following:
1) The person was in the aircraft.
2) The person was in direct contact with any part of the aircraft, including such part as was already separated from the airframe of the aircraft.
3) The person was directly exposed to the current caused or induced by the aircraft.
2. “Injury” shall mean any of the following:
1) Hospitalization for more than forty-eight (48) hours is required within seven (7) days upon occurrence of the injury.
2) Fracture, excluding that of any finger, toe or nose.
3) Serious bleeding or damage to nerves, muscles or tendons due to laceration.
4) Any harm to an internal organ.
5) Any second- or third-degree burn, or any burn covering more than 5% of the entire skin of the body.
6) Confirmed exposure to contaminated substances or harmful radiations.
3. “Substantial damage” shall mean any damage or distorted structure sustained by an aircraft that results in damage to the structural strength, functionality or aviation characteristic of the aircraft, except that, in case of any malfunction of or damage to an engine, any damage to the engine itself, the shield or accessories of the engine, or any damage to a propeller, wing tip, antenna, tire, brake, fairing, or any tiny dent or hole in the surface of the aircraft shall be excluded.
4. “Disappearance” shall mean the failure to recover the wreckage of the aircraft at the conclusion of the search efforts as determined by the Aviation Safety Investigation Commission (hereinafter referred to as the “ASIC”).
5. “Authorized Representative” shall mean, after an aviation occurrence takes place, an individual who is appointed by the government of the aircraft’s state of registry, the state of nationality of the owner or user, the state of design or the state of manufacture or any other state concerned (excluding the state of nationality of any passenger killed in the occurrence), and who is authorized to lead one or more consultants from the same state to participate in the investigation of the aviation occurrence led by the state where the occurrence takes place or by the state that has entrusted such individual.
6. “Officer-on-Duty” shall mean any member of the ASC’s investigating staff who shall be on duty by turns around the clock and be responsible for the notification of aviation occurrences.
7. “On-site Investigating Officer” shall mean an aviation safety investigating officer who, after the ASC learns of an aviation occurrence or a suspect aviation occurrence, is appointed by the ASC to take charge of directing the advance team to carry out on-site identification of the aviation occurrence and investigation-related operations, and whose mission shall terminate upon appointment of a chief investigating officer.
8. “Advance Team” shall mean a temporary task force formed by investigators of the ASC to carry out the identification of an aviation occurrence, on-site inspection and collection of occurrence-related information.
9. “Chief Investigating Officer” shall mean an aviation safety investigating officer who, after an aviation occurrence takes place, is appointed by the ASC pursuant to Article 11-I of the Act to take charge of on-site investigation operations, convening and establishing an investigation task force, as well as directing the investigation of the aviation occurrence.
10. “Investigation Task Force” shall mean an investigation organization convened and established by the chief investigating officer pursuant to Article 11-I of the Act, which shall, during the investigation, submit to the direction of the chief investigating officer in conducting relevant operations.
11. “Central Command of Investigation” shall mean a place set up for the purposes of direction, control, communication and logistic support for the implementation of on-site investigation and conducting of such relevant operations as meetings and mission briefings for the investigation task force.
Article 3
After an aviation occurrence referred to in Article 6-II of the Act takes place, the ASC shall, upon receipt of the invitation by the investigation authority of the state where the occurrence occurred, immediately appoint an authorized representative and invite the owner, user, designer and manufacturer of the aircraft and personnel of the Civil Aeronautics Administration of the Ministry of Transportation and Communications, to form a team for purposes of participation in the investigation operations.
The expenses relating to the participation in the investigation referred to in the preceding paragraph shall be borne by the various authorities (organizations), respectively.
Chapter II Notification of Aviation Incidents
Article 4
After an aviation occurrence or a suspect aviation occurrence occurred, the owner or user of the aircraft and the aviation control authority (organization) shall, within the time limit specified in Article 9 of the Act, promptly notify the ASC’s officer-on-duty by telephone of the known situations of the occurrence.
Article 5
The owner or user of an aircraft and the aviation control authority (organization) shall issue a notification in the event of any of the following situations:
1. Death or injury of any person;
2. Disappearance of aircraft or inaccessibility of the aircraft;
3. Substantial damage to aircraft or existence of sufficient ground to believe that the aircraft is subjected to substantial damage;
4. An aircraft is in close proximity to another aircraft within five hundred feet in the air and must make an emergency dodge so as to avoid collision or danger;
5. While in manual control, an aircraft that deviates from flight route or fails to comply with instructions given by the flight control must make an emergency dodge according to the systemic operational procedure (emergency warning signaled by near-ground warning system) or the corrective instruction given by the flight control so as to avoid collision with terrain or ground barriers;
6. Aborting takeoff on a closed or occupied runway;
7. While taking off on a closed or occupied runway, an aircraft is in close proximity to a barrier or another aircraft;
8. Landing or attempting to land on a closed or occupied runway;
9. While taking off or climbing at the initial stage, an aircraft fails to achieve the expected performance, if situation is serious;
10. Fire or smoke in a passenger or cargo cabin, or engine fire;
11. The flight crew must use oxygen in an emergency situation pursuant to the operation manual;
12. Structural failure of an aircraft or breakaway of any component part of an engine;
13. Multiple systemic breakdowns of an aircraft that seriously affects the operation of the aircraft;
14. Disability of the flight crew while the flight is airborne;
15. The pilot must announce an emergency due to insufficient fuel or any other situation;
16. Any occurrence that occurred during takeoff or landing, e.g., undershooting, overshooting, or off-the-mark landing;
17. Any difficulty in control of an aircraft due to systemic failure, weather, operation off limits of aviation performance or any other occurrence;
18. Systemic breakdown of two or more guiding and navigating systems that are essential for the flight of an aircraft;
19. Severe damage to or destruction of any property due to an aircraft or any part coming off the aircraft; or
20. Any other situation that threatens to cause death or injury of any person or substantial damage to an aircraft.
Chapter III Identification of Aviation Occurrences
Article 6
Upon receipt of any notification, the ASC may, if it deems necessary, first appoint an on-site investigating officer to lead an advance team to the scene of the occurrence to take any action necessary for the identification of the occurrence. The owner or user of the aircraft, the local government, airport, port authority or coast guard authority where the occurrence takes / took place shall assist the on-site investigating officer in carrying out his or her tasks.
Article 7
The ASC shall, based on the contents of the notification and the information gathered by the advance team, identify whether the subject event of the notification is an aviation occurrence, and, if and when necessary, may form a review board to conduct review of any dispute arising out of the identification.
Article 8
The ASC may, after deliberating upon the practicability of the investigation, suspend the investigation while the investigation is in process, provided that grounds for such suspension shall be specified.
Chapter IV On-site Handling of Aviation Occurrences
Article 9
Any and all personnel of an advance team and an investigation task force shall carry an identity card issued by the ASC for an investigator when entering such restricted areas as the scene of an occurrence, wreckage search, storage or reconstruction areas, central command of investigation, airport and so forth.
Article 10
After an aviation occurrence occurred, the owner or user of the aircraft, local government, airport, port authority where the occurrence occurred, Ministry of National Defense or coast guard authority shall, in addition to assisting the investigation task force in the investigation and handling of matters designated by the same, ex officio render assistance in respect of the following matters:
1. Collecting information regarding casualties;
2. Collecting information regarding the damage to the aircraft;
3. Collecting information regarding the site of the aviation occurrence;
4. Conducting alcoholic and drug tests on the flight crew;
5. Locating the flight data recorder and the cockpit voice recorder;
6. Keeping contact information of the flight crew and on-site eyewitnesses and taking down their statements; and
7. Transporting, aerial reconnaissance and assisting military and civil dual-purpose airports.
Article 11
After an aviation occurrence takes place, the local government, airport, port authority or coast guard authority where the occurrence occurred place shall provide places for the operations of the central command of investigation and temporary storage of the wreckage of the aircraft, as well as equipment for communications and office business.
The ASC may request local government and various police authorities to enforce necessary security maintenance and precautionary measures in the area where the occurrence occurred so as to prevent hazards to the safety of the general public caused by the wreckage of the aircraft or the dangerous goods on board such aircraft, as well as to avoid artificial destruction of the scene.
Article 12
Pursuant to Article 12, paragraph 2 of the Act, the user of an aircraft shall use its best efforts to require on-site operators to turn off the power source of the cockpit voice recorder after the aircraft touches down and shuts off its engines. The superintendents concerned shall promptly confirm the power cutoff.
Article 13
In the course of the investigation, the Ministry of Transportation and Communications, Ministry of National Defense, Ministry of the Interior, coast guard authorities, local governments or any other civilian enterprises deemed appropriate and entrusted by the ASC may, as requested by the investigation task force, take such measures as aerial surveillance or photography, and notify the ASC promptly of any information so collected.
Article 14
After an aviation occurrence occurred, the investigation task force may request the Ministry of Economic Affairs to further direct the utilities concerned to furnish the layouts of public gas and fuel lines, diagrams of power transmission lines, markings information and any other necessary data and charts so as to prevent an occurrence of a second-time extended tragedy.
Article 15
If any of the following situations is likely to occur, a chief investigating officer may consent to necessary clearance of the site of the aviation occurrence pursuant to Article 13 of the Act:
1. A second-time destruction of the wreckage;
2. A second-time tragedy;
3. Injury to any member of the general public;
4. Environmental pollution; or
5. Failure of an airport to operate.
Chapter V Investigation of Aviation Occurrences
Article 16
After an aviation occurrence referred to in Article 6, paragraph 1 of the Act occurred, the ASC shall, in reference to the rules issued by the International Civil Aviation Organization (ICAO), notify the ICAO and the aviation occurrence investigation authority of the aircraft’s state of registry, the state of nationality of the owner or user, the state of design, the state of manufacture or the state of nationality of any passenger killed in the occurrence within thirty (30) days of the identification of the occurrence.
Article 17
A chief investigating officer, in implementing Article 11 of the Act, shall invite an investigation team composed of representatives and experts from the following authorities (organizations) to join the investigation task force if he or she deems necessary:
1. The Civil Aeronautics Administration, Ministry of Transportation and Communications;
2. The authorities (organizations) concerned in the occurrence;
3. Owner or user of the aircraft;
4. The aviation occurrence investigation authority of the aircraft’s state of registry, state of manufacture, state of design, as well as state of nationality of the owner or user; and
5. Any other professional organization related to aviation safety.
Neither lawyers nor representatives from insurance companies may participate in the investigation task force.
Article 18
If any person participating in the investigation referred to in the preceding article fails to obey any direction given by a chief investigating officer or violates any matter contained in the commitment on confidentiality, the chief investigating officer may suspend his or her participation in the operations of the investigation task force.
Article 19
Pursuant to Article 20 of the Act, the representatives from the aviation occurrence investigation authority of the aircraft’s state of registry, the state of nationality of the owner or user, the state of design and the state of manufacture may, upon making a commitment in writing on confidentiality and obtaining consent from the chief investigating officer, engage in any of the following tasks:
1. Examining the site;
2. Inspecting and observing the wreckage;
3. Taking testimonies in conjunction with personnel of the investigation task force and presenting questions to be asked of eyewitnesses to be interviewed;
4. Reading relevant documents;
5. Obtaining photocopies of relevant documents;
6. Participating in the deciphering of the flight data recorder;
7. Participating in the investigation operations off the occurrence site;
8. Participating in the meetings held during the investigation in respect of the on-site collection of evidence and confirmation of facts; and
9. Making recommendations as to the various investigation processes regarding the collection of factual information.
Article 20
Pursuant to Article 20 of the Act, the representatives from the aviation occurrence investigation authority of the state of nationality of any passenger killed in the occurrence may, upon making a commitment in writing on confidentiality and complying with the directions given by the chief investigating officer in conducting the investigation, engage in any of the following tasks to the extent permitted by the chief investigating officer:
1. Examining the site;
2. Collecting facts relating to the victims;
3. Participating in the identification of the victims; and
4. Assisting in interviewing the surviving passengers of the same nationality.
Article 21
Pursuant to Article 14 of the Act, the ASC may have priority in taking custody of the relevant exhibits. In the course of the investigation, it may return to the authorities (organizations) concerned exhibits as are no longer necessary for the investigation.
After the investigation report is released, the ASC shall promptly return to the authorities (organizations) concerned relevant exhibits such as the aircraft, wreckage, documents and manuals.
In case of any involvement of death or injury of any person in an aviation occurrence, the ASC may not return relevant exhibits to the authorities (organizations) concerned until the prosecutorial authority gives its consent.
Chapter VI Personnel Interviews
Article 22
Prior to an interview, an interviewee may request that one person accompany him or her to the place where the interview is conducted. No superintendent, employer, lawyer or insurance agent of the interviewee or any member of the judiciary, prosecutorial or investigative authorities may so accompany the interviewee unless the ASC gives its consent.
The person accompanying the interviewee may not enter the place where the interview is conducted until he or she undertakes not to disclose the contents of the interview and not to interfere with the interview.
During the interview, the interviewee shall answer truthfully to any question presented to him or her by the ASC’s investigation task force whereas the accompanying person may not make any statement or interfere with or interrupt the interview, provided that the interviewee may discuss the question with the accompanying person.
Prior to the interview, any superintendent or employer of the interviewee may not in any way affect the interviewee as to his or her statements concerning the facts, nor interfere with the interview.
No person may enter the place where the interview is conducted except those permitted by the investigation task force.
After the interview, the interviewee may not disclose the contents of the interview.
Article 23
The public disclosure of any recording or record of the interview and any restricted document in respect to any situation described in Articles 21 and 22 of the Act or Article 5-V of the Regulation Governing the Publication of Executive Information is present, shall be limited.
Chapter VII Release of Investigation Reports
Article 24
Any and all authorities (organizations) concerned, domestic or abroad, as well as any unit subjected to investigation, may file a written application to the ASC for appearance at the meeting of the ASC within fifteen (15) days of receipt of a reviewed draft of the investigation report pursuant to Article 24, paragraph 2 of the Act.
Chapter VIII Supplementary Provisions
Article 25
In respect to any matter regarding the notification, identification, on-site handling, personnel interviews, investigation and release of investigation reports relating to aviation occurrences that involves international affairs but fails to be covered by the Regulation, the ASC may, further formulate administrative regulations to supplement the applicable provisions of the Regulation in reference to the standards, recommendations, methods or procedures set forth in applicable international conventions and their annexes.
Article 26
The Regulation shall become effective as of the date of promulgation.