Frequently Asked Questions
What is the main legislative framework that provides for air accident investigations?
On an international level, Annex 13 of the Chicago Convention provides for the legislative framework for air accident investigations, whilst on a European level, it is Regulation 996/2010. Both legislations are then incorporated into Maltese law, namely Subsidiary Legislation 499.22, entitled Civil Aviation (Investigation of Air Accidents and Incidents) Regulations.
What is the aim of such legislative framework?
The aim is to improve aviation safety by ensuring a high level of efficiency, expediency, and quality of civil aviation safety investigations.
What is the objective of an investigation?
The sole objective of a safety investigation is the prevention of future accidents and incidents without apportioning blame or liability.
Is it possible for other States to participate in the investigation?
The law offers the possibility for certain States which may have an interest in the investigation to appoint an accredited representative. Such States include the State of registry of the aircraft, the State of design, the State of manufacture, the State of the operator, and a State which, on request, provides information, facilities or experts in an investigation.
Who else may participate in the safety investigation?
A State which has a special interest in an accident by virtue of fatalities or serious injuries to its citizens may, upon request to the Investigator-in-Charge, appoint an expert to participate in the investigation.
Is the safety investigation carried out by the Chief Investigator the same as the investigation carried out by the Judicial Authority?
The safety investigation carried out by the Chief Investigator is separate and distinct from the investigation which may be carried out by the judicial authority. In fact, certain records obtained by the Chief Investigator may only be used for the safety investigation because of the protection of sensitive safety information, including witness statements. Whilst the investigation carried out by the Chief Investigator is for the prevention of future accidents and incidents without apportioning blame or liability, the investigation carried out by the judicial authority is to identity responsibility and liability.
Who is responsible for providing assistance to victims and their relatives?
The Bureau of Air Accident Investigation is responsible for providing assistance to victims and their relatives, which may include arrangements for a visit to the accident site, information to the relatives prior to the official release of such information, financial assistance for immediate needs, as well as providing of psychological assistance.
