ADVOKS GLOBAL · KENYA
The Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2024
21. Removal of damaged aircraft
Edition: 2025-01-31 · In force
21. Removal of damaged aircraft
(1)Subject to Regulations 9(1) and 10(5), where an accident or a serious incident occurs in Kenya, no person shall—(a)have access to the aircraft involved in the accident or serious incident, the contents thereof or the site of the accident or serious incident, other than the Chief Investigator, the Investigator-In-Charge or an authorised person; or(b)move or interfere with the aircraft, its contents or the site of the accident or serious incident except under the authority of the Chief Investigator, Investigator-In-Charge or an authorised person.(2)Notwithstanding subregulation (1) —(a)the aircraft involved in an accident or a serious incident may be moved or interfered with to such extent as may be necessary for all or any of the following purposes—(i)extricating persons or animals;(ii)removing any mail, valuables or dangerous goods carried by the aircraft;(iii)preventing destruction by fire or other cause;(iv)preventing any danger or obstruction to the public, air navigation or other transport; and(b)where it becomes necessary to move or interfere with an aircraft involved in an accident or serious incident as per paragraph (a), the persons responsible including the operator, search and rescue personnel, fire personnel or the police shall whenever possible ensure that only minimal and necessary interference with the aircraft is done;(c)the persons referred to in paragraph (b) shall, prior to movement or interference of the wreckage, and whenever possible, preserve the original condition and position of the wreckage and any significant marks using photography, descriptive notes or sketches; and(d)where the aircraft is wrecked in water, the aircraft or any contents thereof may be moved to such extent as may be necessary for bringing the aircraft or its contents to a place of safety.(3)Where the Investigator-In-Charge has authorised any person to remove any goods or passenger baggage from the aircraft or to release any goods or passenger baggage from the custody of the Investigator-In-Charge, that person may—(a)remove the goods or passenger baggage from the aircraft subject to the supervision of a police officer; and(b)release the goods or passenger baggage from the custody of the Investigator-In-Charge subject to clearance by or with the consent of an officer of customs, if the aircraft has come from a place outside Kenya.(4)Where the Investigator-In-Charge is of the opinion that the aircraft involved in the accident or serious incident is likely to endanger or obstruct the public, air navigation or other transport, he or she may order the owner, operator or hirer of such aircraft to remove it to such place as the Investigator-In-Charge may indicate.(5)In the absence of the owner, operator or hirer or in the event of non-compliance with the instruction given pursuant to subregulation (4), the Investigator-In-Charge may remove or cause the removal of the aircraft and shall not be liable for any further damage that may occur during removal.(6)The expenses incurred in removing such aircraft shall be borne by the owner, operator or hirer of the aircraft and where the aircraft is removed by the Investigator-In-Charge under subregulation (5), such expenses shall be recoverable from the owner, operator or hirer or all of them.(7)In this regulation, “authorised person” means any person authorised by the Investigator-In-Charge either generally or specifically to have access to any aircraft involved in an accident or a serious incident and includes any police officer or any officer of customs.(8)The police officer referred to in subregulation (7) shall be responsible for the maintenance of law and order and preservation of the site of the accident pending the conclusion of on-site investigation by the Investigator-In-Charge.