ADVOKS GLOBAL · KENYA
The Civil Aviation (Aircraft Accident and Incident Investigation) Regulations, 2024
8. Protection of evidence, custody and removal of aircraft
Edition: 2025-01-31 · In force
8. Protection of evidence, custody and removal of aircraft
(1)The Aircraft Accident Investigation Department shall take all reasonable measures to protect the evidence and to maintain safe custody of the aircraft and its contents for such a period as may be necessary for the purposes of an investigation.(2)Any person who may be in possession of any item which may constitute evidence for purpose of an investigation under these Regulations shall hold and preserve the same and shall promptly hand them over to the Aircraft Accident Investigation Department.(3)Protection of evidence shall include the preservation, by photographic or other means of any evidence which might otherwise be removed, effaced, lost or destroyed.(4)Subject to subregulation (1), safe custody shall include protection against further damage, access by unauthorized persons, pilfering and deterioration.(5)The Aircraft Accident Investigation Department, Air Traffic Services, airport operator and the owner, operator or hirer of an aircraft involved in an accident or incident shall retain and not interfere with all records, documents, reports, memoranda and other information pertaining to the aircraft pending collection and review by the Investigator-In-Charge or until authorized otherwise by the Investigator-In-Charge.(6)If a request is received from the State of Registry, the State of the Operator, the State of Design or the State of Manufacture that the aircraft, its contents, and any other evidence remain undisturbed pending inspection by an accredited representative of the requesting State, the Aircraft Accident Investigation Department shall take all necessary steps to comply with such request, so far as this is reasonably practicable and compatible with the proper conduct of the investigation,Provided that the aircraft may be moved to the extent necessary to extricate persons, animals, mail and valuables, to prevent destruction by fire or other causes, or to eliminate any danger or obstruction to air navigation, to other transport or to the public, and provided that it does not result in undue delay in returning the aircraft to service where this is practicable.