Annex 13. Издание 2. AMENDMENT 3 | Аэростандарт

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Annex 13. Издание 2

AMENDMENT 3

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AMENDMENT No. 3 to the SUPPLEMENT TO ANNEX 13, FIRST EDITION AIRCRAFT ACCIDENT INQUIRY Replace the Supplement to Annex 13, First Edition, by the attached Supplement. Tbie Amendment supersedes Amendment No. 2.

SUPPLEMENT .TO ANNEX 13, Fir st Edition AIRCRAFT ACCIDENT INQUIRY Differences ibe'tween the national regulations and practices of States and the corresponding International Standards and Recommendations contained in Annex 13, as notified to ICAO in accordance with Article 38 of the Convention on International Civil Aviation and the Council's r esplution of 21 November 1950. Published by authority of the Council June 1952 INTERNATIONAL CIVIL AVIATION ORGANIZATION

2 Supplement to Annzx 13 - First Editioz - 1/11/60 Aircraft Accident Inquiry 1 No. Date I Entered by No. / Dat s Entered by i I I ICAO I 1 / IC AO I IC AD i i 1 f 1 2 3 28/11/56 1/10/59 /I 1/60 I

FOREWORD Historical Background Standards and Recommended Practices for Aircraft Accident Inquiries were first adopted by the Council on 11 April 1951 pursuant to Article 37 of the Convention on International Civil Aviation Chicago, 1944 and were designated as Annex13 to the Convention.They became effective on 1 September 1951 and became applic- able on 1 December 1951. The Stkndards and Recommended Practices were based on recoinmendations of the Accident Investigation Divislon at its First Ses- sion in February 1946 which were further developed at the Second Session of the Division in February 1947. The Fourtcenth Session of the As- sembly Rome, August-September 1W considered the subject of aircraft accident investigation and adopted Resolutiois A14-22 and A14-27, Appendix P. The first of these 1 directed "the Council to "a study the possibility of initiat- ing a uniform procedure to be used by States to make available proinptly the reports of aircraft accident inves- tigations and inquiries, particularly when relatcd to large modern trans- port aircraft, so that the dissemina- tion of such reports by all Contract- ing States may be improved "b study whether it is practicable to establish procedures by which the State of manufacture or the State that first certificated the aircraft type, would, in appropriate cases and upon invitation, make available competent experts for advice or consultation in the investigation of accidents, and in the light of the results of such study "i determine the most practi- cable means of ensuring that the fullest possible advantage will be taken of the specialized knowledge of such experts and notify all Con- tracting States accordingly, and "ii urge all Contracting States to co-operate in the use of such experts so as to contribute to the safety of air navigation " 'The Fifteenth Scssion of the Assembly hlontrcal, June-July 1965 subsequently adopted Resolution A1S-8, Appendix P, which consolidated and superseded resolving clause 2 of Resolution A14-22 and Reaolution A14- 27, Appendix P. and 2 urged "all Contracting States to provide timely notification of aircraft accidents, especially those involving large modern transport aircraft, to the State of manufacture or the State that first certificated the aircraft type, whenever it is considered that such action would be appropriate." In addition, by Resolution A14-27, Appendix P, the Assembly resolved that, 'I. it1 respect of accident investigation, that it is of great importance for the general improvenlent of the safety of air navi- gation that, to the greatest practicable extent, a Contracting State in which an accident has occurred involviig aircraft other than of its manufacture cominu- nicate to the State of manufacture as soon as possible any pertinent informa- tion which results from the inquiry and which may reflect on the airworthiness of tle aircraft type or its equipment, or which might be used to effect improve- ment in safety." At its Third Session, held in Montreal ill January-February 15, the Accident Investigation Division examined these Asscmbly resolutions and made proposals for substantial amendments to the Stand- ards and Reconmended Practices of Annex 13. The Division's recommenda- tion for Amendment 1 of Annex 13 was adopted by the Council on 24 November 1965, became effective on 24 March 1966 and applicable on 25 August 1. The substantial nature of the amendment was such that it was decided to reissue the Annex in its second edition. Amendment 2 also resulted from the Third Session of the Accident Investiga- tion Division it introduced communica- tion procedures in Chapter 4 and in Ap- pendices 1 and 2 for sending aircraft acci- dent notifications. It was adopted by the Council on 5 December 1966, became effective on 5 April 1967 and applicable on 24 August 1967. Amendment 3 resulted from Recom- mendations 21/1 and 21/2 of the Per- sonnel Licensing/Training Practices/Me- dical Divisional Meeting 1970. It added in Chapter 5 two specifications related to the autopsy of victims in an aircraft accident, and a paragraph in Appendix 3 for the reporting of such autopsies. It was adopted by the Council on 27 March 1972, became effective on 27 July 1972, and applicable on 7 December 1972. Applicability While the Annex has been adopted pursuant to the provisions of Article 37 of the Convention, Aircraft Accident Inquiry is .itself the subject of Article 26 of the Convention. This Article imposes an obligation on the State in which the aircraft accident occurs to institute an inquiry in certain circumstances and, as far as its laws permit, to collduct the inquiry in accordance with ICAO procc- dure. However, Article 26 does not lreclude the taking of further action in the feld of aircraft accident investigation and the procedures set forth in this An- nex are not limited solely to an inquiry instituted under the requirements of Article 26, but under prescribed circum- stances alply in the event of an inquiry into any "aircraft accident" within the terms of the definition herein. In order to maintain the correct relationship be- tween the provisions of Article 26 and those of the Annex, the following pril- ciples have been observed a Article 37 of the Convention is the controlling rticle in the develop- ment of an Aircraft Accident Inquiry Annex, but nothing in the Annex must contravene the express terms of Article 26, or any other Article of the Con- vention, nor should it contain any provision which would do violence to the spirit and intent of the Convention. b Subject to a the Annex may deal with any relevant matter whether or not expressly dealt with by Article 26 or by any other Article of the Con- vcntion. For instance it is not a contra- vention of the Convention for the Annex to deal with the rights or obligations of States other than the State of Registry and the State in which the accident occurred similarly the Annex may deal with the privi- leges to be accorded to observers en- titled by Article 26 to be "present" at the inquiry. These are matters upon which Article 26 is silent. The Annex may also deal with accidents of a kind which do not fall within the pro- visions of Article 26. Relationship between Annex 13 and Article 26 of the Convention In order to clarify the relationship betwecn the provisions of Article 26 and those of the present Annex the Council, at the 20th meeting of its Twelfth Ses- 7/12/72 No. 3

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