Air Navigation (Investigation of Accidents) Regulations

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1952/1952-0153/AirNavigationInvestigationofAccidentsRegulations_1.pdf
Published: 1952-08-01

Air Navigation (Investigation of Accidents) Regulations
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14. Any person or persons contravening any of the
provisions of these Rules shall be guilty of an offence and
liable on summary conviction to a penalty not exceeding
one hundred dollars.

PART III
Subsidiary Legislation under the Civil Aviation Act,

1949 (12, 13 and 14 Geo. 6 c. 67) of the United
Kingdom, in force under section 20 of the Civil

Aviation Act. (Ch. 284)

AIR NAVIGATION (INVESTIGATION OF
ACCIDENTS) REGULATIONS

(SECTION 10(1))
[Commencement 1st August, 1952]

1. These Regulations may be cited as the Air
Navigation (Investigation of Accidents) Regulations.

2. (1) In these Regulations, unless the context other-
wise requires —

“the Order” means the Colonial Civil Aviation
(Application of Act) Order, 1952, and includes
any Regulations made or having effect as if
made under that Order;

“aircraft” includes all balloons (whether captive or
free) gliders, airships and flying machines;

“accident” includes any fortuitous or unexpected
event by which the safety of an aircraft or any
person is threatened;

“owner” means where an aircraft is registered,
registered owner;

“substantial damage” includes any damage which
necessitates the replacement or extensive repair
of any major component.

(2) References in these Regulations to any
enactment shall, unless the context otherwise requires, be
construed as references to that enactment as re-enacted in
or as amended by or under any subsequent enactment.

Penalty.

G.N. 153/1952

Short title.

Interpretation.

S.I. 868/1952.

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(3) The Interpretation Act shall apply for the
purpose of the interpretation of these Regulations as if
these Regulations were rules made under an Act of
Parliament.

3. These Regulations relate to civil aviation only
and shall apply to accidents arising out of or in the course
of air navigation which occur to any civil aircraft in or over
The Bahamas or elsewhere to civil aircraft registered in
The Bahamas.

4. An accident shall be notified in accordance with
the provisions of regulation 5 if, between the time when any
person boards an aircraft with the intention of flight and such
time as all persons have disembarked therefrom —

(a) any person suffers death or serious injury while
in or upon the aircraft or by direct contact with
the aircraft or anything attached thereto; or

(b) the aircraft receives substantial damage.
5. (1) Where an accident occurs of which

notification is required to be given under regulation 4, the
person in command of the aircraft involved at the time of
the accident, or if he be killed or incapacitated, then the
owner, operator, hirer, or other person on whose behalf he
was in command of the aircraft, as the case may be, shall
forthwith send notice thereof to the Director of Civil
Aviation by the quickest means of communication avail-
able and, in the case of an accident occurring in or over
The Bahamas shall also notify forthwith the local police
authorities of the accident and of the place where it
occurred.

(2) The notice to the Director of Civil Aviation
referred to in paragraph (1) of this regulation shall state as
far as possible —

(a) the type, and nationality and registration marks
of the aircraft;

(b) the name of the owner, operator and hirer if any,
of the aircraft;

(c) the name of the person in command of the
aircraft;

(d) the date and Greenwich mean time of the
accident;

(e) the last point of departure and next point of
intended landing of the aircraft;

Ch. 2.

Application.

Notification of
accidents.

Contents of
notification.

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(f) the position of the aircraft with reference to
some easily defined geographical point;

(g) the number of persons (if any) —
(i) killed;
(ii) seriously injured, as the result of the

accident;
(h) the nature of the accident as far as is known;
(i) brief particulars of damage to the aircraft.
(3) Where an accident to which these Regulations

apply occurs, whether in or over The Bahamas or elsewhere,
the owner, operator or hirer of the aircraft shall, if so required
by notice in writing from the Governor-General send to the
Governor-General, within such time as may be specified in
the notice, such information with respect thereto in such form
as the Governor-General may require.

6. (1) Where an accident occurs in or over The
Bahamas of which notification is required to be given
under regulation 4, no person other than an authorized
person shall have access to the aircraft involved in the
accident and the aircraft shall not, except under the
authority of the Director of Civil Aviation, be removed or
otherwise interfered with:

Provided that —
(a) the aircraft may be removed or interfered with

so far as may be necessary for the purpose of
extricating persons or animals involved,
removing any mails carried by the aircraft,
preventing destruction by fire or other cause, or
preventing any damage or obstruction to the
public or to air navigation or to other transport;

(b) goods or passengers’ baggage may be removed
from the aircraft under the supervision of an
officer of the police, but if the aircraft has come
from a place outside The Bahamas, shall not be
removed from the vicinity of the aircraft except
on clearance by or with the consent of an officer
of customs;

(c) if an aircraft is wrecked on the water, the aircraft
or any contents thereof may be removed to such
extent as may be necessary for bringing it or
them to a place of safety.

Removal of
damaged aircraft.

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(2) In this regulation the expression “authorised
person” means any person authorised by the Governor-
General either generally or specially to have access to any
aircraft involved in an accident and includes any officer of
police or any officer of the Customs Department.

7. (1) For the purpose of carrying out
investigations into the causes and circumstances of
accidents to which these Regulations apply the Governor-
General shall appoint a Chief Inspector of Accidents and at
the request of the Chief Inspector of Accidents, may
appoint an Inspector of Accidents for the purpose of
carrying out any such investigation.

(2) The Chief Inspector of Accidents, if he thinks
fit, may himself carry out an investigation or cause an
investigation to be carried out by an Inspector of Accidents
of any accident to which these Regulations apply, whether
or not such accident is one whereof notification is required
to be given under regulation 4.

(3) Public notice that such investigation is taking
place shall be given in such manner as the Governor-
General may think fit and shall state that any person who
may desire to make representations concerning the
circumstances or causes of the accident may do so in
writing within a time to be specified in the notice.

8. With respect to any Inspector’s investigation, the
following provisions of this regulation shall have effect —

(a) the Chief Inspector or the Inspector by whom the
investigation is made (in this regulation referred to
as “the Inspector”) shall have power —

(i) by summons under his hand to call before
him and examine all such persons as he
thinks fit, to require such persons to answer
any questions or furnish any information or
produce any books, papers, documents and
articles which the Inspector may consider
relevant, and to retain any such books,
papers, documents and articles until the
completion of the investigation;

(ii) to take statements from all such persons as
he thinks fit and to require any such
person to make and sign a declaration of
the truth of the statement made by him;

Inspector’s
investigation.

Powers of
Inspector.

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(iii) to have access to and examine any aircraft
involved in the accident and the place
where the accident occurred, and for that
purpose to require any such aircraft or any
part or equipment thereof to be preserved
unaltered pending examination;

(iv) to examine, remove, test, take measures
for the preservation of, or otherwise deal
with the aircraft or any part thereof or
anything contained therein;

(v) to enter and inspect any place or building
the entry or inspection whereof appears to
the Inspector to be requisite for the
purposes of the investigation;

(vi) to take measures for the preservation of
evidence;

(b) where an accident has occurred in or over The
Bahamas to an aircraft registered in any country
other than The Bahamas the Governor-General
may authorise an investigator appointed by the
duly competent authority of that other country to
carry out an investigation, and in that event the
Governor-General shall, so far as he is able,
facilitate inquiries by the investigator so ap-
pointed;

(c) the investigation shall be held in private;
(d) where it appears to the Inspector that in order to

resolve any conflict of evidence or that for any
other reason it is expedient so to do, he may
permit any person to appear before him and call
evidence and examine witnesses;

(e) where it appears to the Inspector that any degree
of responsibility for the accident may be
attributed to any person, and if it appears to the
Inspector to be practicable so to do, that person
or, if he be deceased, his legal personal
representatives shall be given notice that blame
may be attributed to him and be permitted to
make a statement or give evidence and to
produce witnesses and to examine any witnesses
from whose evidence it appears that he may be
blameworthy;

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(f) the Attorney-General may intervene at any stage
of an investigation in order to make representa-
tions or to examine witnesses, if it appears to
him expedient so to do in the public interest;

(g) every person summoned by the Inspector as a
witness in accordance with this regulation shall
be allowed such sum of money as seems just, as
well for defraying his reasonable expenses as for
affording him reasonable compensation for his
trouble and loss of time.

9. Upon the completion of an investigation, the
Chief Inspector of Accidents, or the Inspector of Accidents
as the case may be, who conducted the investigation shall
make a report to the Governor-General. He shall state the
circumstances of the case and his conclusions as to the
cause of the accident, adding any observations and
recommendations which he thinks fit to make with a view
to the preservation of life and the avoidance of similar
accidents in the future. He shall also state to what extent
effect has been given to the provisions of paragraph (e) of
regulation 8. The Governor-General may cause the whole
or any part of such report to be made public in such
manner as he thinks fit.

10. (1) Where it appears to the Governor-General
that it is expedient to hold a public inquiry into the causes
and circumstances of an accident to which these Regula-
tions apply, he may direct that a public inquiry be held by a
commissioner appointed by the Chief Justice; and in such
case any Inspector’s investigation relating to the accident
shall be discontinued.

(2) The commissioner (hereinafter called “the court”)
shall be assisted by not less than two assessors possessing
aeronautical, engineering or other special skill or knowl-
edge. one of whom may be the Chief Inspector of Accidents,
or an Inspector of Accidents. The assessors shall be
appointed by the Chief Justice.

(3) Where the Chief Justice has directed a public
inquiry to be held, he shall remit the case to the Attorney-
General, and thereafter the preparation and presentation of
the case shall be conducted by the Attorney-General: the
Chief Inspector of Accidents shall render such assistance to
the court and to the Attorney-General as is in his power


Report on
investigation.

Public inquiries.

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and for that purpose shall have the powers conferred by
paragraph (a) of regulation 8 on an Inspector of Accidents
with respect to an Inspector’s investigation.

(4) Every public inquiry held under these
Regulations shall be conducted in such manner that, if a
charge is made against any person, that person shall have
an opportunity of making a defence.

(5) When a public inquiry has been ordered, the
Attorney-General may cause a notice, to be called a notice
of inquiry, to be served upon the owner, operator, hirer and
person in command of any aircraft involved in the
accident, as well as upon any person who in his opinion
ought to be served with such notice. The notice shall
contain a statement of the questions which on the
information then in the possession of the Attorney-General
he intends to raise on the hearing of the inquiry, and the
Attorney General may, at any time before the hearing of
the inquiry, by a subsequent notice amend, add to, or omit
any of the questions specified in the notice of inquiry.

(6) The Attorney-General, the owner, the operator,
the hirer, the person in command and any other person
upon whom a notice of inquiry has been served, shall be
deemed to be parties to the proceedings.

(7) Any other person may, by leave of the court,
appear, and any person who so appears shall thereupon
become a party to the proceedings.

(8) (a) The Court may —
(i) enter and inspect, or authorise any person to

enter and inspect, any place or building entry or
inspection whereof appears to the court requisite
for the purposes of the inquiry;

(ii) by summons require the attendance as witnesses
of all such persons as the court thinks fit to call
and examine, and require such persons to answer
any questions or furnish any information or
produce any books, papers, documents and
articles which the court may consider relevant;

(iii) administer the oath to any such witness, or
require any witness to make and sign.

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(b) The assessors shall have the same power of
entry and inspection as the court.

(9) Affidavits and statutory declarations may, by
permission of the court and saving all just exceptions, be
used as evidence at the hearing.

(10) At the time and place appointed for holding the
inquiry the court may proceed with the inquiry whether the
parties, upon whom a notice of inquiry has been served, or
any of them, are present or not.

(11) The court shall hold the inquiry in open court
save to the extent to which the court is of opinion that in
the interest of justice or in the public interest any part of
evidence, or any argument relating thereto, should be heard
in camera.

(12) The proceedings on the inquiry shall commence
with the production and examination of witnesses on
behalf of the Attorney-General. These witnesses, after
being examined on behalf of the Attorney-General, may be
cross-examined by the parties in such order as the court
may direct, and may then be re-examined on behalf of the
Attorney-General. Questions asked and documents ten-
dered as evidence in the course of the examination of these
witnesses shall not be open to objection merely on the
ground that they do or may raise questions which are not
contained in or which vary from the questions specified in
the notice of inquiry or subsequent notices referred to in
paragraph (5) of this regulation.

(13) When the examination of the witnesses
produced on behalf of the Attorney-General has been
concluded, the Attorney-General shall state the questions
in reference to the accident and the conduct of persons
connected with the accident upon which the opinion of the
court is desired. In framing the questions for the opinion of
the court, the Attorney-General shall make such
modifications in, additions to or omissions from the
questions in the notice of inquiry or subsequent notices
referred to in paragraph (5) of this regulation, as, having
regard to the evidence which has been given, the Attorney-
General or the court may think fit.

(14) After the questions for the opinion of the court
have been stated, the court shall proceed to hear the parties
to the proceedings upon and determine the questions so
stated. Each party to the proceedings shall be entitled to


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address the court and produce witnesses to recall any of the
witnesses who have already been examined for further
examination and generally adduce evidence. The parties
shall be heard and their witnesses examined, cross-
examined and re-examined in such order as the court shall
direct. Further witnesses may also be produced and
examined on behalf of the Attorney-General and may be
cross-examined by the parties and re-examined on behalf
of the Attorney General.

(15) When the whole of the evidence in relation to the
questions for the opinion of the court has been concluded,
any of the parties who desires so to do may address the court
upon the evidence and the court may be addressed in reply
upon the whole case on behalf of the Attorney-General.

(16) The court may adjourn the inquiry from time to
time and from place to place, and where an adjournment is
asked for by any party to the inquiry, the court may impose
such terms as to payment of costs or otherwise as it may
think just as a condition of granting the adjournment.

(17) The court shall make a report to the Governor-
General stating fully the circumstances of the case and the
opinion of the court touching the causes of the accident and
adding any observations and recommendations which the
court thinks fit to make with a view to the preservation of
life and the avoidance of similar accidents in future,
including a recommendation for the cancellation, suspen-
sion or endorsement of any licence, certificate or other
document.

(18) Each assessor shall either sign the report with or
without reservations, or state in writing his dissent
therefrom and his reasons for such dissent, and such
reservations or dissent and reasons (if any) shall be
forwarded to the Governor-General with the report. The
Governor-General shall, unless there are good reasons to
the contrary, cause any such report and reservations or
dissent and reasons (if any) to be made public wholly or in
part in such manner as he thinks fit.

(19) Every persons attending as a witness before the
court shall be allowed such sum of money as seems just, as
well for defraying his reasonable expenses as for affording
him reasonable compensation for his trouble and loss of


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time, provided that in the case of any party to the
proceedings or of any person in the employment of any
such part, any such expenses may be disallowed if the
court in its discretion so directs.

(20) The court may order the costs and expenses of
the inquiry or any part thereof, to be paid by any party, if it
finds that the accident was due to the act or default or
negligence of that party or of any person in the employ-
ment of that party; and any such order shall, on the
application of any person entitled to the benefit thereof, be
enforced by a magistrate by distress as if the costs and
expenses were a penalty imposed by him sitting as a court
of summary criminal jurisdiction, but subject to any such
order, such costs and expenses shall be deemed to be part
of the expenses of the Governor-General in exercise of his
powers under the order.

(21) Any notice, summons or other document issued
under this regulation may be served by sending the same
by registered post to the last known address of the person
to be served.

(22) The service of any notice, summons or other
document may be proved by the oath or affidavit of the
person by whom it was served.

11. (1) The Governor-General may, in the case
where a public inquiry has been held, direct a rehearing of
the inquiry either generally or as to any part thereof and
shall do so —

(a) if new and important evidence which could not
be produced at the inquiry has been discovered;
or

(b) if for any other reason there is in his opinion
ground for suspecting that a miscarriage of
justice has occurred.

(2) If the Governor-General directs any inquiry to
be reheard, the Chief Justice may order that the inquiry
shall be reheard either by the court by whom the inquiry
was heard in the first instance or by some other person
appointed by him to hold the rehearing.

(3) Any rehearing shall be subject to and conducted
in accordance with the provisions of these Regulations
relating to the holding of public inquiries.

Rehearing of
public inquiries.

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12. Where an Inspector’s investigation or a public
inquiry relates to an accident which has occurred in or over
The Bahamas to an aircraft registered in any country other
than The Bahamas, an accredited representative of the
country in which the aircraft is registered or of any country
which has, on request, furnished information in connection
with the accident, may take part in the investigation or in
the inquiry as the case may be; he may be accompanied by
such technical and other advisers as may be considered
necessary by the authorities of the country by which he is
appointed.

13. (1) A person shall not obstruct or impede the
court, the Chief Inspector of Accidents or an Inspector of
Accidents or an assessor or any person acting under the
authority of the Governor-General in the exercise of any
powers or duties under these Regulations.

(2) A person shall not without reasonable excuse
(proof whereof shall lie on him) fail after having had the
expenses (if any) to which he is entitled tendered to him, to
comply with any summons or requisition of the court
holding a public inquiry or the Chief Inspector of
Accidents or an Inspector of Accidents, holding an
Inspector’s investigation under these Regulations.

14. (1) Nothing in these Regulations shall limit the
powers of any authority under sections 241 to 248
inclusive of the Merchant Shipping Act.

(2) Nothing in these Regulations shall limit the power
of the Governor-General under the order of cancelling,
suspending or endorsing any licence, certificate or other
document.

Attendance of
representative
where aircraft is
registered in
another country.

Summons must
be complied with.

No limitation of
powers.

Ch. 268.
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