Investigation Laws & Regulations

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title: The Regulation Governing the Handling of Investigation Procedures for Ultra-light Aircraft Occurrences
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content: Promulgated by Aviation Safety Council Order 0930012023 on December 21, 2004
Provisions
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 ultra-light aircraft.
Article 2
The terms used in the Regulation shall be defined as follows:
1. “Ultra-light Aircraft” shall mean an aircraft which has power and capacity to carry passengers, is less than two hundred and eighty kilograms in net weight, has a maximum fuel tank capacity of twenty eight liters, has a take-off speed of less than sixty five kilometers per hour for maximum take-off weight, and power shutdown stall speed is less than sixty four kilometers per hour.
2. “Activity Association for Ultra-light Aircraft” (hereinafter referred to as “Activity Association”) shall mean a community group that has completed the applicable approval procedures and registrations for a legal entity pursuant to Article 99, paragraph 1 of the Civil Aviation Act.
3. “Owner of Ultra-light Aircraft” shall mean any natural person or legal entity that owns an ultra-light aircraft, and whose application has been approved pursuant to the applicable provisions of the “Regulation Governing the Supervision of Ultra-light Aircrafts” as prescribed by the Civil Aeronautics Administration of the Ministry of Transportation and Communications (hereinafter referred to as the “CAA”).
4. “Operator of Ultra-light Aircraft” shall mean any person that has acquired an “operating license for ultra-light aircraft” pursuant to the applicable provisions of the “Regulation Governing the Supervision of Ultra-light Aircrafts” as prescribed by the CAA.
5. “Injury” shall mean hospitalization for more than seventy-two (72) hours is required upon occurrence of the injury.
6. “Substantial damage” shall mean any irreparable damage to an ultra-light aircraft.
7. “Disappearance” shall mean the failure to recover the wreckage of the ultra-light aircraft at the conclusion of the search efforts as determined by the Aviation Safety Council(hereinafter referred to as the “ASC”).
8. “Officer-on-Duty” shall mean any member of the ASC’s investigating staff who shall be on duty by 24 hours shift and be responsible for the notification of aviation occurrences.
9. “Chief Investigating Officer” shall mean an aviation safety investigating officer who, after an aviation occurrence occurred, is appointed by the ASC to take charge of the investigation operations.
10. “Investigation Task Force” shall mean a task force convened and established by the chief investigating officer, which shall, during the investigation, submit to the direction of the chief investigating officer.
Article 3
After an aviation occurrence for ultra-light aircraft occurred, the activity association, the owner and user of the ultra-light aircraft and the government authorities (organizations) concerned shall promptly notify the ASC’s officer-on-duty of the known situations of the occurrence.
The activity association, the owner and user of the ultra-light aircraft and the government authorities (organizations) concerned shall issue a notification in the event of any of the following occurrences:
1. Death or injury of any person;
2. Disappearance or inaccessibility;
3. Substantial damage; or
4. Severe damage to or destruction of any property due to an ultra-light aircraft or any part that came off the ultra-light aircraft.
Article 4
After an aviation occurrence for ultra-light aircraft occurred, the activity association, the owner and user of the ultra-light aircraft and the government authorities (organizations) concerned shall, in addition to assisting and cooperating with the investigation task force in conducting its tasks, provide any requirement and support demanded by a chief investigating officer.
Article 5
A chief investigating officer may consent to necessary clearance of the site of the aviation occurrence in order to prevent injury to any member of the general public and environmental pollution.
Article 6
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 activity association concerned or the owner of the ultra-light aircraft such exhibits as are no longer necessary to be investigated.
After the investigation report is released, the ASC shall promptly return to the activity association concerned or the owner of the ultra-light aircraft such relevant materials and articles as the ultra-light aircraft, wreckage, documents and manuals.
In case of any involvement of death or injury of any person in an aviation occurrence for ultra-light aircraft, the ASC may not return relevant materials and articles to the activity association concerned or the owner of the ultra-light aircraft until the prosecutorial authority gives its consent.
Article 7
The ASC may interview the persons concerned pursuant to Article 18 of the Act. The public disclosure of any recording or record of the interview and any restricted document in respect of which any situation described in Articles 21 and 22 of the Act or Article 5, paragraph 5 of the Regulation Governing the Publication of Executive Information is present, shall be limited.
Article 8
Any activity association for ultra-light, aircraft as well as any unit or individual subjected to investigation, may file a written application for appearance at the meeting of the ASC within fifteen (15) days of receipt of a draft of the investigation report release by the ASC.
Article 9
The Regulation shall become effective as of the date of promulgation.