ADVOKS GLOBAL · KENYA
The Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2024
35. Release and disposal of aircraft and wreckage
Edition: 2025-01-31 · In force
35. Release and disposal of aircraft and wreckage
(1)Subject to the provisions of regulation 8, the Aircraft Accident Investigation Department shall release custody of an aircraft involved in an accident or incident, its contents, wreckage or any parts thereof as soon as they are no longer required in the investigation, to any person or persons duly designated by the State of Registry or the State of the Operator, as applicable and for this purpose the Aircraft Accident Investigation Department shall facilitate access to the aircraft, its contents or any parts thereof, provided that, if the aircraft, its contents, or any parts thereof lie in an area within which the Aircraft Accident Investigation Department finds it impracticable to grant such access, it shall itself effect removal to a point where access can be given.(2)For a Kenyan registered aircraft, the Aircraft Accident Investigation Department shall release custody of the aircraft, parts, wreckage or contents to the following person(s) —(a)the owner of the aircraft, parts, wreckage or contents;(b)where the owner is deceased his personal representative; or(c)a person authorised in writing by the owner or his personal representative to take custody on behalf of the owner or the owner’s personal representative.(3)The Investigator-In-Charge shall, where he intends to release aircraft wreckage, issue a notice to persons referred to in subregulation (1), or where such persons cannot be traced, by publishing such notice in at least two national daily newspapers in the State of Occurrence giving details of the aircraft wreckage and specifying the period during which it should be removed,Provided that persons to whom the notice has been issued may, before the expiry of the notice and for good cause, apply in writing to the Investigator-In-Charge for an extension of the period within which the wreckage may be removed.(4)Where a person to whom custody of the aircraft, parts, wreckage or contents is to be released fails to take custody within the period specified in the notice, the aircraft, parts, wreckage or contents may be disposed of in such manner as the Investigator-In-Charge considers fit.(5)The expenses incurred by the Investigator-In-Charge in disposing of the aircraft, parts, wreckage or contents shall be recoverable from the owner or operator of the aircraft or both.