ADVOKS GLOBAL · KENYA
The Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2024
23. Investigation reports
Edition: 2025-01-31 · In force
23. Investigation reports
(1)Where an investigation is carried out into an accident or serious incident involving—(a)an aircraft of a maximum mass of more than 2,250 kg; or(b)an aircraft of a maximum mass of 2,250 kg or less and when airworthiness or matters considered to be of interest to other Contracting States are involved, the Investigator-In-Charge shall, unless an Accident Data Report has been sent within 30 days of the accident, send a Preliminary Report within that period to—(i)each of the Contracting States that is the—(aa)State of Registry or the State of Occurrence, as appropriate;(bb)State of the Operator;(dd)State of Manufacture;(ee)State that provided relevant information, significant facilities or experts; and(ii)ICAO, where the aircraft is of a maximum mass of more than 2,250 kg.(2)Subject to subregulation (1), the Investigator-In-Charge shall submit the Preliminary Report to the appropriate States and to ICAO in English.(3)Notwithstanding subregulation 1, the Investigator-In-Charge shall release information early in the investigation, as appropriate, and then later more formally with a written Preliminary Report.(4)The Investigator-In-Charge shall send the Preliminary Report by facsimile, e-mail, or airmail within thirty days of the date of the accident or serious incident unless the Accident or Incident Data Report has been sent by that time,Provided that when matters directly affecting safety are involved, it shall be sent as soon as the information is available and by the most suitable and quickest means available.(5)The Investigator-In-Charge shall, as soon as practicable after the investigation, send the Accident Data Report to ICAO, where the accident involves an aircraft of a maximum mass of more than 2,250 kg.(6)The Investigator-In-Charge shall, upon request, provide other relevant States with pertinent information additional to that made available in the Accident or Incident Data Report.(7)The Investigator-In-Charge shall as soon as possible after the completion of an investigation into an accident or serious incident—(a)send a copy of the draft Final Report, including the intended safety recommendations, to State that instituted the investigation, the State of Registry, the State of the Operator, the State of Design, the State of Manufacture and any other State or organization that participated in the investigation, inviting their significant and substantiated comments on the report; and(b)if any such comments are received within the consultation period 60 days of the date of the transmittal letter amend the draft Final Report to include the substance of the comments received, as deemed appropriate or, if desired by the Contracting State that provided the comments, append the comments to the Final Report;(8)When sending the draft Final Report to recipient States, the Investigator-In-Charge may consider using the most suitable and quickest means available, such as facsimile, e-mail, courier service or express mail.(9)Comments to be appended to the Final Report shall be restricted to non-editorial-specific technical aspects of the Final Report upon which no agreement could be reached.(10)The Investigator-In-Charge shall send, through the State of the Operator, a copy of the draft Final Report to the operator to enable the operator to submit comments on the draft Final Report.(11)The Investigator-In-Charge shall send, through the State of Design and the State of Manufacture, a copy of the draft Final Report to the organizations responsible for the type design and the final assembly of the aircraft to enable them to submit comments on the draft Final Report.(12)Subject to the provisions of subregulations (6), (9), and (10), no person shall communicate or use the draft Final Report, or permit its communication or use, for any purpose not strictly necessary to the study of the report and the preparation of comments concerning the report.(13)Subject to subregulation 6(b), if no comments are received and no extension of time has been agreed upon with the Contracting State to whom the draft Final Report was sent, the Aircraft Accident Investigation Department shall issue and send the Final Report with a minimum of delay to—(a)Contracting States referred to in subregulation (1)(ii) and the State that instituted the investigation;(b)Contracting State that has suffered fatalities or serious injuries to its citizens;(c)any other State that participated in the investigation;(d)the International Civil Aviation Organisation, where the accident involves an aircraft of a maximum mass of more than 5,700 kg;(e)any concerned department; and(f)any other organization(s) or person(s) who, in the opinion of the Aircraft Accident Investigation Department, have a direct interest in the investigation.(14)The Investigator-In-Charge shall, where an investigation is carried out into an incident involving an aircraft of a maximum mass of more than 5,700 kg, send to the International Civil Aviation Organization after the completion of the investigation into the incident—(a)the Final Report of the incident, if the Final Report has been released; and(b)the Incident Data Report.(15)The Chief Investigator may from time to time issue a list of incidents to be regarded as serious incidents for the purposes of these Regulations.(16)The Final Report shall be submitted by the Investigator-In-Charge to the Chief Investigator before dissemination to any State under these Regulations.(17)The Investigator-In-Charge shall prepare the draft Final Report and the Final Report in English.