ADVOKS GLOBAL · KENYA
The Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2024
26. Safety recommendations
Edition: 2025-01-31 · In force
26. Safety recommendations
(1)Where Kenya is the State conducting an investigation under these Regulations, the Aircraft Accident Investigation Department shall, at any stage of the investigation—(a)recommend in a dated transmittal correspondence to the appropriate authorities, including those in other States, any preventive action that it considers necessary to be taken promptly to enhance aviation safety;(b)address, when appropriate, any safety recommendation arising out of the investigation in a dated transmittal correspondence to the accident investigation authorities of the other States concerned and when ICAO documents are involved, to ICAO,Provided if the Final Report contains safety recommendations addressed to ICAO, when ICAO documents are involved, this report must be accompanied by a letter outlining the specific action proposed;(c)send, when appropriate, any safety recommendation arising out of the investigation to those persons or organizations of the aviation community that have a direct interest in the safety issue that was the basis for the safety recommendation, as well as to other members of the aviation community who would benefit from the information, including but not limited to the following—(i)action addressee for the safety recommendation;(ii)involved departments;(iii)involved stakeholders, such as but not limited to the airline, maintenance organization, manufacturer, air traffic services provider, and airport operator; and(iv)others who may benefit from lessons learned.(2)Subject to subregulation 1 the Aircraft Accident Investigation Department may consult States participating in the investigation on the draft safety recommendations, inviting their comments on the appropriateness and effectiveness of the safety recommendations.(3)Where Kenya is participating in an investigation conducted by another State, the Aircraft Accident Investigation Department may, in coordination with the State conducting the investigation and at any stage of the investigation, recommend in a dated transmittal correspondence to the appropriate authorities, including those in other States, any preventive action that it considers necessary to be taken promptly to enhance aviation safety.(4)The Aircraft Accident Investigation Department shall communicate to relevant person(s) or authorities in Kenya, the safety recommendations received from another Contracting State.(5)Any person, department, organization or authority in Kenya to whom a recommendation has been communicated under subregulations (1)(c) and (4) shall—(a)take that recommendation into consideration without delay and, where appropriate, act upon it;(b)send to the Investigator-In-Charge within ninety days from the date of the transmittal correspondence—(i)full details of the measures, if any, he or she or it has taken or proposes to take to implement the recommendation and, if such measures are to be implemented, the schedule for the implementation; or(ii)a full explanation as to why no measures shall be taken to implement the recommendation; and(6)Give notice to the Investigator-In-Charge if at any time any information provided to the Investigator-In-Charge under paragraph (b) concerning the measures he or she or it proposes to take or the schedule for the implementation of the recommendation is rendered inaccurate by any change of circumstances.(7)A recommendation for preventive action or safety recommendation shall, in no case, create a presumption of liability for an aircraft accident or incident.(8)Where any safety recommendation has been received by the Aircraft Accident Investigation Department from another State, the Aircraft Accident Investigation Department shall, within ninety days of the date of the transmittal correspondence, notify that State of the preventive action taken or under consideration or the reason(s) as to why no action shall be taken,Provided that the Aircraft Accident Investigation Department may also act on any other proposals for preventive action other than safety recommendations received from another State.(9)The Aircraft Accident Investigation Department shall establish an implementation procedure system or record responses to the safety recommendations issued to other States, departments, authorities and organizations and assess the degree to which the risks underlying the safety recommendations have been mitigated.(10)The Aircraft Accident Investigation Department shall implement procedures to monitor the progress of the action taken in response to the safety recommendations received.(11)The safety recommendations referred to in subregulation (1) may, in addition to safety recommendations arising from accident and incident investigations, result from diverse sources, including safety studies.(12)Where the Aircraft Accident Investigation Department has addressed safety recommendations to an organization in another State, they shall also be transmitted to that State’s accident investigation authority.(13)The Aircraft Accident Investigation Department shall inform ICAO of safety recommendations of global concern issued by the Aircraft Accident Investigation Department, as well as the responses received to these recommendations.