Accident investigation

An investigation of an accident or incident under this Act may not relate to the finding of blame or responsibility.

A fresh investigation of an aviation accident or incident may no longer be demanded after the expiry of five years after the day of the aviation accident or incident.

(reward for rescue and costs of investigating aviation accidents or serious incidents)

(1) If during use of an aircraft, an accident occurs with fatal results, or serious injury to persons or major damage to the aircraft or property on the ground, it is necessary to carry out a thorough investigation and analysis of the accident and an investigation of the causes of the accident, injuries and damage that was caused, and of other effects of the accident.

(3) The provisions of this Act concerning the investigation of accidents and incidents shall in no way restrict the competencies of bodies under other regulations.

(4) The basic aim of the investigation of accidents and incidents under this Act is improving flight safety by ensuring a speedy implementation of the investigation, in order to prevent accidents and incidents in the future.

(1) Unimpeded work must be enabled the investigating body or commission during the investigation of an aviation accident or serious incident.

(4) The government may require refund of costs of the investigation from a person that the competent body has indisputably found intentionally caused the accident or incident, or caused an accident or incident as a result of serious negligence.

It shall enable commissions for investigating aviation accidents or investigators to make a statement which seems necessary to them for the protection of their rights.

(5) Investigations of accidents and incidents shall be conducted by an investigating body which shall be organised as an independent organisational unit at the minister responsible for transport.

(9) The government may transfer tasks of performing an investigation of an accident to another state if, on the proposal of the head of the investigating body, it finds that the investigating body will be unable to ensure total realisation of the purpose of the investigation.

A completed investigation may be repeated if those who show legal interest provide the ministry responsible for transport with new evidence about the accident or incident.

In a case that new understandings for aviation safety are anticipated from the investigation of an accident or serious incident referred to in this paragraph, the provisions of this paragraph shall not be used.

(6) Other bodies and participants in an accident must enable the commission or investigator access to the necessary operational, technical and legal findings for a specific investigation.

(3) The property and assets of the Organisation shall also be immune from any form of administrative or provisional judicial constraint, except in so far as may be temporarily necessary in connection with the prevention of, and investigation into, accidents involving motor vehicles belonging to or operated on behalf of the Organisation.

The investigation of accidents and incidents carried out by the commission appointed by the Aviation Federation of Slovenia shall be supervised by the investigating body referred to in this Section.

Where the military authorities of the Host Nation investigate an accident or incident involving personnel of the Visiting Force, the authorities of the Visiting Force may request to have an observer present at any formal military inquiry.

(3) In a case of accident or serious incident, the leader of the investigating body shall appoint a commission for investigating the event, which shall consist of the main investigator and one or more investigators, and in less complex cases he may appoint a single investigator.

(2) The Administration on the proposal of the investigating body referred to in Section 8 of this Act shall temporarily withdraw documents referred to in the first paragraph of this Article even prior to the issue of a report of the investigation of an aviation accident or incident, until the adoption of the final report of an aviation accident or incident.

investigation of an accident in which aircraft registered in a state member of the Communities are involved if such an investigation is not carried out by another state; investigation of serious incidents in which aircraft registered in a state member of the Communities or operated by a company founded in a state member of the Communities are involved, if such an investigation is not carried out by another state.

(10) Accidents and serious incidents to aircraft with a maximum take-off weight of 2250 kg which are used in non-commercial activities referred to in Article 68 of this Act (hang gliders, sail parachutes, sports parachutes, ultra-light /flying devices/, warm air free flying balloons and aircraft of general categories) shall be investigated by a commission for investigating accidents and incidents which shall be appointed by the Aviation Federation of Slovenia, according to rules for investigating aviation accidents and incidents which apply for the investigating body.

(1) The commission or investigator of an aviation accident or incident may question anyone suspected of being able to provide information relevant to the investigation and may study objects, documents and records, and store relevant data in a computer, whereby members of the commission and an investigator have the following authorities:

Investigation of an aviation accident or incident involving an observation aircraft shall be conducted by the observed Party, with the participation of the observing Party, in accordance with the ICAO recommendations set forth in Annex 13 to the Convention on International Civil Aviation ("Investigation of Aviation Accidents") as revised or amended and in accordance with the national regulations of the observed Party.

2 The property and other assets of the Organisation, wherever situated, shall be immune from any form of requisition, confiscation, sequestration and any other form of seizure or distraint, except to the extent that this is rendered necessary as a temporary measure by the prevention of accidents involving motor vehicles belonging to or operated on behalf of the Organisation and by enquiries in connection with such accidents.

as operator of a public airport it does not allow an aircraft use of airport infrastructure and prescribed services, in relation to the reference code, category, purpose and capacities of the airport and in relation to the extent of air traffic, in compliance with valid regulations and the operating permit (Article 92),

1. he carries weapons or dangerous objects in a public airport or transports weapons and dangerous objects in conflict with regulations (Article 126), 2. he moves or remains in areas and regions which are intended for the movement of aircraft and for navigational devices and in supervised and security clear areas which are determined in security programmes, when not performing service tasks and having a suitable permit (first paragraph of Article 128), 3. he moves through areas and zones which are intended for the movement of aircraft and for navigational devices and in supervised and security clear areas which are determined in security programmes without a suitable escort (fifth paragraph of Article 128), 4. does not co-operate or does not provide assistance in the investigation of an aviation accident or incident in compliance with authorities and demands of the commission or investigator of the aviation accident (first paragraph of Article 141), 5. in the case of an aviation accident or incident, removes or moves without the permission of the main investigator, an aircraft and objects or whatever belongs to this aircraft or to objects of which the suspicion exists that they may be the cause of the aviation accident (first paragraph of Article 142), 6. at the time of an aviation accident finds objects and does not inform the police, the investigating body, commission or investigator about them (second paragraph of Article 142).

(1) The head of the investigating body, prior to the completion of the investigation of an aviation accident or incident, may on the proposal of the main investigator, by temporary order restrict or prohibit use of a specific type of aircraft, its parts, equipment, navigation devices, carrying out flights and performing the work of /aircrew/ and other professional personnel, until the possible causes of the aviation accident or serious incident have been rectified, if there is a well-founded suspicion that a new accident or risk will thus be avoided.

1. he violates flight rules (first paragraph of Article 8), 2. in the case of a violation of air space by an aircraft, he does not land at the order of a competent body in compliance with instructions (third paragraph of Article 10), 3. is not acquainted with the content of /cargo/ which he is transporting (seventh paragraph of Article 59), 4. performs the task of pilot in commercial air traffic if he has exceeded the prescribed age (eighth paragraph of Article 59), 5. does not take measures in compliance with authorities (first paragraph of Article 60), 6. prior to take-off does not check whether the crew and aircraft are prepared and capable of safe flight and whether all prescribed documents are on board (third paragraph of Article 60), 7. does not provide the police with professional assistance and does not provide information to them when this is required in compliance with legal authorities (eighth paragraph of Article 60), 8. does not take measures in compliance with authorities (first and second paragraphs of Article 61), 9. does not take care that objects that are relevant to a procedure of violation or for the investigation of a criminal offence are handed to the appropriate official body (fourth paragraph of Article 61), 10. does not inform the Administration of an aviation accident with fatal results or serious physical injuries or with considerable damage or about a serious incident and does not submit a written report about such (Article 63), 11. does report on circumstances, events and disturbances in functioning which could affect the airworthiness of the aircraft (Article 64), 12. does not land immediately with an aircraft at the nearest suitable airport in compliance with the instructions of a competent air traffic service (first paragraph of Article 147),

If, in the case of an accident sustained while travelling in the territory of a Member State other than the competent State, there are grounds for holding an enquiry in the territory of the first Member State, an investigator may be appointed for that purpose by the competent institution, which shall so inform the authorities of that Member State.

«In particular, the body and the staff responsible for the checks must be functionally independent of the authorities designated to issue authorisations for placing in service in the framework of this Directive, licences in the framework of Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings(21) and safety certificates in the framework of Directive 200./49/EC, and of the bodies in charge of investigations in the event of accidents.

«In particular, the body and the staff responsible for the checks must be functionally independent of the authorities designated to issue authorisations for placing in service in the framework of this Directive, licences in the framework of Council Directive 95/18/EC of 19 June 1995 on the licensing of railway undertakings(27)and safety certificates in the framework of Directive 2004/49/EC, and of the bodies in charge of investigations in the event of accidents.

it shall facilitate cooperation between the Member States and the Commission in the development, with due regard to the different legal systems in the Member States, of a common methodology for investigating maritime accidents according to agreed international principles, in the provision of support to the Member States in activities concerning investigations related to serious maritime accidents, and in the carrying out of an analysis of existing accident investigation reports;

Every accident or serious incident shall be the subject of an investigation.

Whereas investigation of serious incidents should be carried out in a similar way to investigation of accidents;

Any investigation into an accident shall be the subject of a report in a form appropriate to the type and seriousness of the accident.

establishing the fundamental principles governing the investigation of civil aviation accidents and incidents

Whereas it is important for accident prevention to make public the findings of accident investigations in the shortest time possible;

(2) Investigations into the causes of accidents should not be linked to compensation for damages or determination of liability.

accident investigation experts to undertake specific tasks but only when an investigation is opened following a major accident.

Whereas the safety recommendations resulting from an accident or incident investigation should be duly taken into account by the Member States;

Whereas, according to the international standards in Annex 13, the investigation of accidents is to be carried out under the responsibility of the State where the accident occurs;

'flight recorder' means any type of recorder installed in the aircraft for the purpose of facilitating accident/incident investigations;

investigations into accidents involving aircraft registered in a Member State, when such investigations are not carried out by another State;

whereas particular account should be taken of Annex 13 to this Convention which lays down recommended international standards and practices for aircraft accident investigation;

Council Directive 94/56/EC of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents

(5) The setting up of this Group will contribute to the advancement of Community policy in the field of independent accident investigations, alongside other appropriate consultation procedures.

This Directive shall apply to investigations into civil aviation accidents and incidents which have occurred in the territory of the Community taking into account the international obligations of the Member States.

Whereas the expeditious holding of technical investigations of civil aviation accidents and incidents improves air safety in helping to prevent the occurrence of such accidents and incidents;

time to decide(1), the Commission indicated that there is a growing need for independent technical investigations geared towards revealing the causes of accidents and ways of improving legislation.