Singapore legislation

Regulation 15

of Transport Safety Investigations (Aviation Occurrences) Regulations 2023

Regulation 15

Participation by accredited representatives, advisers, etc., of Contracting State in Singapore investigation

Subregulation 1

For an investigation into an aviation occurrence carried out by an investigator‑in‑charge, each of the following Contracting States (not including Singapore) with respect to the aircraft involved in the aviation occurrence is 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 Design;

(d)

the State of Manufacture;

(e)

a State which has, on the Director’s request, provided information, facilities or experts to the investigator‑in‑charge in connection with the investigation.

Subregulation 2

An accredited representative of a Contracting State in paragraph (1) is entitled to participate in all aspects of an investigation into an aviation occurrence under the control of an investigator‑in‑charge, except that the participation of an accredited representative of a Contracting State mentioned in paragraph (1)(e) may be limited to those matters in respect of which that State has, on request, provided information, facilities or experts to the investigator‑in‑charge in connection with the investigation.

Subregulation 3

In particular, an accredited representative of a Contracting State in paragraph (1) may do all or any of the following:

(a)

visit the scene of the aircraft accident investigated;

(b)

examine any wreckage from the aircraft accident investigated;

(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 collected in the course of the investigation;

(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, contributing factors and safety recommendations;

(i)

make submissions in respect of various aspects of the investigation.

Subregulation 4

An adviser assisting an accredited representative of a Contracting State in paragraph (1) is entitled to participate in the investigation only —

(a)

under the accredited representative’s supervision; and

(b)

to the extent necessary to make that accredited representative’s participation effective.

Subregulation 5

A Contracting State which has a special interest in an aviation occurrence being investigated by an investigator under the Act is entitled to appoint an expert to participate in the investigation.

Subregulation 6

An expert appointed under paragraph (5) is entitled to —

(a)

visit the scene of the aircraft accident investigated;

(b)

have access to the relevant factual information which is approved for public release by the investigator‑in‑charge, and to information on the progress of the investigation; and

(c)

receive a copy of the Final Report.

Subregulation 7

An accredited representative of a Contracting State in paragraph (1), his or her adviser and an expert appointed under paragraph (5) —

(a)

must provide the investigator‑in‑charge with all information about the aviation occurrence as is available to the accredited representative, adviser or expert (as the case may be) that is relevant to the investigation of the aviation occurrence; and

(b)

must not knowingly communicate or use, or knowingly permit to be communicated or used, any information that the accredited representative, adviser or expert (as the case may be) has obtained during the investigation of the aviation occurrence (including the progress of investigations) without the express consent in writing of the investigator‑in‑charge.

Subregulation 8

In this regulation, “contributing factor”, in relation to any aviation occurrence, means any action, omission, event, condition, or a combination thereof —

(a)

which, if eliminated, avoided or absent, would have reduced the probability of the aviation occurrence occurring, or mitigated the severity of the consequences of the aviation occurrence; and

(b)

the identification of which does not imply the assignment of fault or the determination of administrative, civil or criminal liability.