Law on the investigation of accidents and incidents in the operation of civil aircraft

Original Language Title: Gesetz über die Untersuchung von Unfällen und Störungen bei dem Betrieb ziviler Luftfahrzeuge

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Law on the investigation of accidents and incidents in the operation of civil aircraft (Flight accident-Investigation-Law-FlUUG)

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FlUUG

Date of completion: 26.08.1998

Full quote:

" Air accident investigation law of 26 August 1998 (BGBl. 2470), as last amended by Article 6 of the Law of 29 July 2009 (BGBl I). I p. 2424).

Status:

Last amended by Art. 6 G v. 29.7.2009 I 2424

For more details, please refer to the menu under Notes

This Act is designed to implement Council Directive 94 /56/EEC
of 21 November 1994 on the principles governing the investigation of
Accidents and incidents in civil aviation (OJ C 327, 30.4.2004, p EC No L 319
14).
The G was referred to as Article 1 G 96-1-39/1 v. 26.8.1998 I 2470 (FlUUG/LuftRAnpG) of the
Bundestag has decided and is in accordance with. Art. 6 of this G mWv 1.9.1998
entered into force.

Footnote

(+ + + Proof of text: 1.9.1998 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 56/94 (CELEX Nr: 394L0056) + + +)

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Content Summary

First section
	Scope
Scope of the law		§ 1
Definitions		§ 2
Purpose and subject of the investigation		§ 3

Second section
	Organization
Federal Agency for Air-Accident Investigation		§ 4
Cooperation with other States		§ 5
Information of foreign states and the International Civil Aviation Organization		§ 6
Informing other authorities		§ 7

Third Section
	Investigation
Investigation Status		§ 8
Investigation procedure		§ 9
Initiation of the investigation		§ 10
Investigative powers		§ 11
Accident site		§ 12
Release of the accident site		§ 13
Participants in the investigation procedure		§ 14
Concern of partiality		§ 15
Evidence		§ 16

Fourth Section
	Reports and their announcement
Hearing before conclusion of an inquiry report		§ 17
Investigation report		§ 18
Security recommendations		§ 19
Foreign investigation reports		§ 20
Provision of information and access to files		Section 21
Resumption of an investigation procedure		Section 22

Fifth Section
	Examination chamber
Responsibility		Section 23

Sixth Section
	General provisions
Cost entrap		§ 24
Collection, processing and use of data		Section 25
Data transmission to public authorities		Section 26
Retention and deletion periods		§ 27
Air Safety		§ 28
Participation in the search and rescue service		§ 29
Fines		§ 30

Annex
	Examples of severe disorders

First section
Scope

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§ 1 Scope of the Act

(1) This Act applies to the investigation of accidents and incidents in the operation of civil aircraft which occur in the territory of the Federal Republic of Germany, and for the collection, processing and use of personal data, which (2) The investigation of an accident or of a disturbance of an aircraft registered or manufactured in the Federal Republic of Germany or operated by a German holder, the aircraft or the aircraft abroad, shall be subject to the following conditions: or outside of the territory of the State, not by another State carried out, this law is to be applied subject to individual cases of mandatory foreign law. (3) Accidents and incidents involving civil and military aircraft will be lead by the civil society. Federal Office for Air-Accident Investigation (§ 4). The Federal Ministry of Transport, Building and Urban Development and the Federal Ministry of Defence will have a suitable arrangement for cases involving predominantly military matters. Unofficial table of contents

§ 2 Definitions

In the sense of this law means:
Accident
An event in the operation of an aircraft from the commencement of the arrival of persons with a flight view until those persons have left the aircraft again, if:

1.

a person has been fatally or seriously injured

-: on board an aircraft or
-: by direct contact with the aircraft or any of its parts, even if this part has been detached from the aircraft, or
-: by direct action of the turbine or propeller jet of an aircraft,

unless the injured person has himself inflicted such injuries or has been inflicted on him by another person, or has other causes independent of the accident, or that the injured party is unauthorised to do so; are persons who have hidden themselves outside the spaces normally accessible to passengers and crew members, or

2.

the aircraft or the aircraft cell has suffered damage and

-: the strength association of the aircraft cell, the flight operations or the flight characteristics are affected, and
-: the repair of this damage would normally require a major repair or replacement of the damaged aircraft component;

unless after engine damage or engine failure the damage to the aircraft is limited to the engine, its disguise or its accessories, or that the damage to an aircraft is limited to damage to the aircraft Propellers, wing tips, radio antennas, tyres, brakes, planking or on smaller infestations or holes in the outer skin, or

3.

the aircraft is missing or is not accessible.

Malfunction
An event other than an accident which is related to the operation of an aircraft and which could affect or impair the safe operation of the aircraft.
Severe disturbance
An event during the operation of an aircraft, the circumstances of which indicate that there was almost an accident (examples of serious disturbances are listed in the Annex).
Deadly injury
An injury suffered by a person in the event of an accident and which results directly in the accident or within 30 days after the accident.
Serious injury
An injury suffered by a person in the event of an accident and the

1.: require hospitalization of more than 48 hours within 7 days of the injury; or
2.: Results in bone fractures (with the exception of simple brooches of fingers, toes or nose) or
3.: Severe haemorrhage or injuries of nerves, muscle or tendon cords have been caused by severe bleeding or severe bleeding.
4.: caused damage to internal organs, or
5.: Second or third degree burns or more than five per cent of the body's surface area, or
6.: The result of a proven suspension of infectious substances or harmful radiation is the result of a proven suspension.

Causes
Acts, omissions, events or circumstances, or a combination of these factors, which have resulted in an accident or incident.
Investigators
A person who, on the basis of their qualifications, is responsible for the organisation, implementation and supervision of an investigation.
Investigative
A person who, on the basis of his qualifications, exercises investigative activities under the supervision of the investigator.
Member State
A State in whose aircraft register the aircraft is registered.
Manufacturer State
The state which carries out the air-control supervision of the company, which is responsible for the final assembly of the aircraft.
Holder State
The State in which the holder of an aircraft has its principal place of business or, if there is no registered office, its principal place of residence.
Design State
The State in whose territory the head office of the undertaking which produced the design design for the aircraft design shall be located.
Security recommendation
A proposal for the prevention of accidents and incidents submitted by the Federal Agency for Accident Investigation on the basis of facts and information that had emerged during the investigation. Unofficial table of contents

§ 3 Purpose and subject of the investigation

(1) Accidents and incidents shall be subject to an investigation with the sole purpose of clarifying, where possible, the causes, with the aim of preventing future accidents and incidents. § 18 (4) and (5) shall remain unaffected. (2) The investigations shall not be used for the determination of the fault, liability or claims. (3) The investigation shall be subject to all accidents and serious disturbances which occurred during the operation of the following aircraft Have occurred:

-: all aircraft during their operation in an air carrier;
-: Aeroplanes with a maximum mass of more than 2,000 kg during their operation outside an air carrier;
-: Lathe,
-: Airships,
-: Balloons.

(4) Accidents and serious disturbances of

a): Aeroplanes with a maximum mass of up to 2000 kg, if the accident or disturbance has not occurred during operation in an air carrier, and of gliding aircraft and motor-segment learning shall be investigated only if the Federal Agency for Flight accident investigation of this new knowledge for aviation safety expected;
b): Aircraft other than those referred to in paragraph 3 and in point (a) may be investigated if the Federal Agency for Accident Investigation (Bundesstelle für Flugaccident investigation) is expected to have significant knowledge of aviation security.

(5) Paragraph 4 (b) shall apply to disturbances in the operation of aircraft.

Second section
Organization

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§ 4 Federal Office for Flight accident investigation

(1) In order to investigate accidents and incidents in civil aviation, the Federal Agency for Transport, Building and Urban Development is responsible for the construction of the Federal Office for the Investigation of Air Accident Investigation. The Federal Ministry of Transport, Building and Urban Development determines the headquarters of the Federal Office and regulates its structure. The Federal Agency shall be headed by its Director. The members of the administrative staff of the Federal Office are, moreover, the officials, employees and workers. The officials are federal civil servants. (2) The Federal Office shall carry out its duties functionally and organizationally independently, in particular by those aviation authorities responsible for airworthiness, approval, flight operations, maintenance, The granting of licences for aeronautical personnel, air traffic control and aerodrome operations, and in general to all natural and legal persons whose interests could collide with the tasks of the Federal Office. (3) Instructions relating to the introduction/non-instruction and the content and the The extent of an accident investigation as well as of the investigation report or the safety recommendation shall not be granted to the Federal Office; the Federal Office may not comply with any instructions given. (4) The head of the Federal Agency shall be the Investigators, investigative experts and other experts are subject to the investigation. The Federal Office of the Federal Republic of Germany (Bundesstelle) may serve the appropriate private persons as agents for accident investigation, which in individual cases work according to the instructions of the Federal Office and under its supervision as the auxiliary bodies of the Federal Office. The Federal Office shall determine the extent of the investigative activities to be carried out by the officers, as well as their rights and obligations under the terms of this Act. The officers receive compensation from the Federal Office for travel expenses according to the rules applicable to federal civil servants and compensation, which is fixed by the Federal Ministry of Transport, Building and Urban Development. (5) The head of the In addition to their duties, the Federal Office and the investigators may not exercise any other spilled office, business or profession and neither the management nor the supervisory board or the administrative board of a company to which they are subject nor any other the legislative body of the federal government or of a country. They are not allowed to issue out-of-court opinions for consideration. They may not belong to any of the authorities or bodies referred to in paragraph 2, represent them, advise them or act as experts or experts for them. (6) The head of the Federal Agency and the investigators must provide comprehensive information on the Technical and operational knowledge and experience in the field of aeronautic development, as well as the ability to conduct a comprehensive accident investigation, be adequately trained. The Federal Agency has to ensure that the professional skills and knowledge of the investigators, the investigative experts and the other experts are to be maintained and adapted to the development. Unofficial table of contents

Section 5 Cooperation with other States

(1) Where an accident or disturbance of an aircraft covered by this Act is investigated outside the scope of this Act by a foreign authority, the Federal Office may a representative representative to take part in the Send an investigation if the examination of a comparable event in the Federal Republic of Germany would not be completed with a summary investigation report. In this case, on a proposal from the holder, one or more advisers of the authorized representative shall be appointed to the State carrying out the investigation. The same shall apply to the participation of representatives of the manufacturer of the aircraft or of its parts. The Federal Agency shall provide the foreign authority with all the necessary information available; the addressee shall be informed that the data transmitted may only be processed and used for the purpose for which it is to be fulfilled (2) If necessary, the Federal Agency may request the competent authorities of other States to make available the following:

1.

Installations, installations and equipment for

a): the technical inspection of pieces of wreckage, on-board equipment and other objects that are important for the investigation,
b): the evaluation of the record of the flight recorders;
c): the electronic storage and evaluation of accident data;

2.

Investigative experts for certain tasks on the occasion of the investigation of an accident of particular importance and severity.

(3) The Federal Office may grant such assistance to other States upon request. It is granted free of charge on the basis of reciprocity. The rules referred to in the fourth sentence of paragraph 1 shall apply accordingly. Unofficial table of contents

Section 6 Information of foreign states and the International Civil Aviation Organization

(1) In the event of an accident or a serious disturbance in the scope of this law, the Federal Office shall immediately inform the Federal Office in the shortest possible time.

1.: the State of entry;
2.: the State of the holding,
3.: the producer State;
4.: the design state of the aircraft; and
5.: in the case of aircraft with a maximum mass of more than 2,250 kg, the International Civil Aviation Organisation.

(2) The form and content of the information shall be governed by the internationally customary procedures. To the extent that the information extends to personal data, § 26 (4) shall apply. Unofficial table of contents

Section 7 Information of other authorities

In the course of the investigation, justify the assumption that there is a criminal offence in connection with the accident or serious disturbance in the operation of civil aircraft, or which is of considerable importance, , the Federal Office shall inform the competent authority for aviation security and the competent law enforcement authorities. For this purpose, it may transmit personal data.

Third Section
Investigation

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§ 8 State of investigation

(1) The investigation by the Federal Office shall, in principle, take precedence over all other technical and technical investigations for purposes and purposes other than those mentioned in § 3. The powers of the law enforcement authorities and the courts appointed for prosecution shall remain unaffected. (2) Clash with differently directed interests in individual cases shall be due to targeted and appropriate cooperation of the Federal Office with other authorities involved. Unofficial table of contents

Section 9 Investigation procedure

(1) The investigation procedure comprises the entire activity of the Federal Office, which is directed to the determination of the causal links of an accident or a disturbance and to the determination of the causes which determine the cause. It ends with the summary of the results of the investigation in an investigative report and its publication. (2) The Federal Agency determines the extent of the investigation on the basis of the extent and nature of the accident or of the disorder under Taking into account the findings that are likely to be gained in the improvement of security. Subject to other provisions of this Act, it shall not be bound by any form. The process is simple and expedient to carry out. Unofficial table of contents

§ 10 Introduction of the investigation

(1) In individual cases, the Federal Office shall designate an investigative officer who shall direct the investigation. (2) The investigator shall immediately take the measures necessary to carry out the purpose of the investigation. Unofficial table of contents

Section 11 Investigative powers

(1) The investigator, the investigative experts and the officers responsible for the accident investigation are entitled to carry out all the measures in order to carry out the investigation order in accordance with § 3 in consultation with the local law enforcement authority. , in particular

1.: to enter and visit unimpeded access to the site of the accident or incident and to the aircraft, its cargo, its wreckage and parts thereof, land and damaged apartments; the fundamental right of inviolability of the Apartment (Article 13 of the Basic Law) is restricted to this extent;
2.: Immediate tracking and removal of debris, components and components of the cargo for examination or evaluation purposes,
3.: immediate access to recording equipment, recording media and other records from the aircraft and in the event of air traffic control, inspection of these objects and their evaluation, as well as access to and analysis of other records,
4.: Access to the results of an investigation of the victims (dead, injured) or of appropriate samples,
5.: access to the results of investigations of the persons involved in the operation of the aircraft or of appropriate samples;
6.: useful information, by means of unimpeded inspection of the factual written records of the owner, the holder and the manufacturer of the aircraft and its parts, as well as those relating to civil aviation and aerodrome operations competent authorities and, where appropriate, the production of appropriate copies,

in so far as this is necessary to achieve the purpose of the investigation. (2) The investigator shall be entitled, in agreement with the competent law enforcement authority, to an autopsy of the mortal remains of crew members and other occupants. of the aircraft, if there is reasonable suspicion that health disorders may be the cause of the accident, or if the inspection of occupant protection against fatal injuries (survival aspects) requires this. The corpse opening and the excavation of a buried corpse shall be ordered by the judge at the local court; the investigator shall be entitled to the order if the success of the investigation is threatened by delay. § 87 (1) to (3) and (4) sentence 2 of the Code of Criminal Procedure shall apply accordingly. (3) The freezing of traces and objects suitable as detection means shall be carried out in close cooperation with the competent law enforcement authority. This applies in particular to such detection means, which must be immediately secured and evaluated for a successful outcome of the investigation, such as the identification and examination of the victims and the recording equipment. Unofficial table of contents

§ 12 accident site

(1) The site of the accident must be effectively shut off against the entry of third parties at the earliest possible date. Unauthorized persons are not allowed to enter the accident site. The investigator decides on access to the designated accident site in close cooperation with the responsible law enforcement authority. (2) The accident site, the accident tracks, as well as all wreckage, debris and other contents of the aircraft must not be affected or altered by the investigator until the release (§ 13) is made. Only permitted

a): deletion measures, if possible without changing the position of the items referred to in the first sentence,
b): measures to avert an imminent threat,
c): Revelation and first-aid measures to be taken to the injured as far as possible with simultaneous written and pictorial documentation of their situation at the accident site or in relation to the accident site.

Unquestionably dead and their remains are to be left unchanged until release by the investigator. Unofficial table of contents

Section 13 Release of the accident site and the aircraft

The investigator shall, in close cooperation with the competent law enforcement authority, decide on the release of the accident site, the aircraft, the wreck or its parts, the cargo and any casualties. Unofficial table of contents

§ 14 Participants in the investigation procedure

(1) An authorised representative of non-German states (participants) shall participate in the investigation procedure at the request of a representative, and

1.: the Member State, the design State, the producer State and the State of the holding;
2.: by other states with the consent of the Federal Office.

(2) The authorised representatives shall be entitled to consult advisers who, under the supervision of the investigator, may participate in the investigation to an extent which enables the representative to be authorised to participate in such a way as to enable him to participate in the investigation. (3) The participation in the investigation shall be carried out under the supervision of the investigator in all areas of the investigation, in particular:

1.: visual inspection of the accident site;
2.: the investigation of the aircraft or its wreck,
3.: the insight into the results of the witness surveys, with the possibility of proposing interviews with other areas of expertise,
4.: the fastest possible access to all essential means of detection,
5.: the receipt of any relevant documents,
6.: participation in the evaluation of prescribed records,
7.: participation in further studies, including discussions on the results, causes and safety recommendations,
8.: Suggestions for the scope of the investigation.

The participation of the representatives of the States referred to in paragraph 1 (2) may be restricted to those areas for which the Federal Office has given its consent. (4) The investigating leader may be accompanied by experts and helpers as administrative assistants. The scope of their participation is determined by the investigator. (5) In the investigation of dangerous encounters, the investigator shall use his/her selected expert with a high degree of professional qualification. (6) Initiation and conduct of the investigation at the site of the accident is not dependent on the presence of the participants and their advisors. (7) Participants and their advisors, experts and helpers may not take part in the investigation without the express consent of the Federal Office not on the state of the investigation or on individual results publicly. They are very much to be pointed out. The staff of the Federal Office, the investigators and the investigative experts are obliged to secrecy. (8) Participants and their advisors, experts and helpers must be excluded from the investigation if they violate the rules of this law. (9) As far as the persons referred to in paragraphs 1 to 8 receive access to personal data, § 26 para. 4 shall apply accordingly. Unofficial table of contents

§ 15 Concern of partiality

Where there is a reason for justifying mistrust of the impartial exercise of the activity of a person involved in the investigation, or the person concerned claims the existence of such a reason (the concern of the The person concerned shall inform the Head of the Federal Office of the fact that he/she must first refrain from further involvement in the proceedings and follow the instructions of the Head of the Federal Office. Investigative actions already in place remain effective. Where the concern of partiality concerns the head of the Federal Office or its representative, the supervisory authority shall take the necessary measures. Unofficial table of contents

§ 16 Detection equipment

(1) The investigator and the investigative experts shall use all available means to detect the causes of the accident (detection means). They may, in so far as this is necessary for the investigation, in particular:

1.: Obtain information,
2.: consult witnesses, experts and other persons who are important for the investigation, and obtain written comments from them,
3.: Documents and files shall be enclosed and viewed unless specific restrictions on the use of such documents are in conflict.

(2) Plenipotentiary representatives according to § 14 and their advisers, as well as experts and helpers, are obliged to provide them with known facts and evidence of the Federal Office's facts and findings that are significant for the incident and its investigation, even without demand. (3) witnesses to the incident and the events which may have led to him or may have led to the truthful statement and experts shall be obliged, upon request, for the reimbursement of expert opinions. The witness may refuse to reply to such questions, the answers to which he or she himself or one of the members of the civil procedure referred to in § 383 (1) to (3) of the Code of Civil Procedure, the risk of criminal prosecution or of proceedings after the Law on Administrative Offences would suspend. (4) witnesses and experts are to be compensated on request in accordance with the law on the compensation of witnesses and experts.

Fourth Section
Reports and their announcement

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Section 17 Consultation before conclusion of an inquiry report

(1) Before the conclusion of an investigation report, the holder of the aircraft, the manufacturer of the aircraft and its parts, the flight crew, the supervisory authorities, who are responsible pursuant to Section 31b (1) of the Air Transport Act, shall be the holder of the aircraft. the organization of the air navigation service and the German Weather Service, together with the authorised representatives in accordance with § 14, shall be given the opportunity to express their views in writing on the facts and conclusions that are relevant to the determination of the causes of the causes. To this end, the draft report shall be sent to the public. (2) Substantial opinions shall be taken into account in the final report of the inquiry. Differing opinions of authorised representatives in accordance with § 14 shall be annexed to it if they have not been taken into account in the investigation report. If no comments are received within 60 days from the date of dispatch of the draft report, the final report shall be finalised. (3) A hearing shall not be held if the investigation summarised (Section 18 (4) and (5)) is completed. Unofficial table of contents

Section 18 Investigation report

(1) For each investigation, a Federal Agency report shall be drawn up in a form appropriate to the nature and severity of the event. This report refers to the exclusive purpose of investigation in accordance with § 3. (2) The report gives information on the details of the accident/incident, on the basis of anonymity of the persons involved in the accident or incident, on the details of the accident/disturbance the aircraft involved, the external circumstances, the results of the investigative actions and opinions, the adverse effects of the investigations and their reasons, the evaluation of all the results and the determination of the causes or of the the probable causes of the accident or the disturbance. It contains, as far as possible, safety recommendations (§ 19); they are repeated here if necessary, if they had to be issued at an earlier point in time due to danger in the event of a move or in the public interest. (3) The Federal Office will send the final report as far as possible no later than 12 months after the event. One copy will be sent to

1.: the addressees referred to in Article 17 (1);
2.: the International Civil Aviation Organisation in the case of aircraft with a maximum mass of more than 5,700 kg;
3.: the Commission of the European Community.

Furthermore, the publication of the report by the publication of the reference source in the Federal Ministry of Transport, Building and Urban Development (Federal Ministry for Transport, Building and Urban Development) is published. (4) Accidents and disturbances, the results of which are not of particular importance to the (5) The summary report referred to in paragraph 4 shall only provide information on the aircraft involved in the accident or incident and the accident. Unofficial table of contents

Section 19 Safety recommendations

(1) Safety recommendations shall be issued by the Head of the Federal Office. (2) A Safety Recommendation shall be issued irrespective of the stage of the investigation procedure if this is due to the risk of default in the prevention of future accidents or Disturbances from the same or similar cause without further delay are offered. It must be addressed to the bodies which are able to implement the safety recommendation in appropriate measures. (3) The content of a safety recommendation must be proportionate to the cause of the safety recommendation. It may not exceed the least possible measures for the necessary elimination of the cause. (4) Safety recommendations shall in no case lead to a presumption of guilt or liability for an accident or incident. (5) The Commission The European Community shall receive a copy of the safety recommendation. Unofficial table of contents

Section 20 Foreign investigation reports

(1) In the cases of Section 5 (1), drafts of foreign investigation reports, parts thereof and documents obtained by the Federal Office on the basis of its involvement in an investigation may not be permitted without the express consent of the foreign The investigating authority shall not be published or made available to third parties, unless the foreign investigation authority has already published or released these documents. (2) The Federal Agency shall be responsible for the publication of foreign documents. Investigative reports are not required. In the case of publication, Section 18 (2) sentence 1 shall apply accordingly. Unofficial table of contents

Section 21 Granting of information and access to files

(1) The Federal Agency may give information on the files of the investigation procedure to the persons concerned by the event or their legal councings, in so far as the information relating to the determination, enforcement or defence of legal claims in connection with the investigation (2) Information is not provided for the purpose of safeguarding privacy in respect of:

1.: confidential statements and statements made in connection with the investigation on questions from the Bundesstelle; as confidential, any declarations made as such shall be deemed to be confidential and the person declaring the declarant shall not be deemed to be the author of such statements; may or may appear to be
2.: Recordings of personal conversations on sound recording equipment and their transcript,
3.: medical data, including pictorial representations of persons;

unless the persons concerned have expressly agreed. (3) Under the conditions set out in paragraph 1, access to the file may be granted where the provision of information requires a disproportionate effort or, after the presentation of such information, the inspection of files would not be sufficient to safeguard the legitimate interest. From the inspection of the file, the elements of the file referred to in paragraph 2 shall be excluded for the purpose of protecting the privacy of the file. (4) The inspection of the files shall be carried out at the Federal Office. On a case-by-case basis, the inspection may also take place at another authority or at a diplomatic or professional consular office of the Federal Republic of Germany abroad. Unofficial table of contents

Section 22 Resumation of an investigation procedure

If essential new facts are known within ten years of the completion of the investigation report, the Federal Office shall take on its own initiative or at the request of authorised representatives in accordance with § 14 or the persons referred to in § 17 (1). and post the procedure at the earliest after the end of half a year after the completion of the report. The Oberverwaltungsgericht (Oberverwaltungsgericht), which is responsible for the seat of the Federal Office, can be brought up against the rejection of an application for a retrial within 30 days; its saying is indisputable.

Fifth Section
Examination chamber

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Section 23 Jurisdiction

(1) In the event of accidents and incidents of particular importance and seriousness, the nature and extent of which has exceeded the usual level and in which the evaluation and combination of the results of the various investigative actions are not without After the hearing in accordance with § 17, the Federal Office shall set up an investigatory chamber. (2) The Board shall draw up the final report in accordance with § 18. It shall also carry out the retrial referred to in paragraph 22 in the cases referred to in paragraph 1. (3) The Board shall consist of five members. It is quorum with four members. The investigating leader shall be chaired by the head of the Federal Office of Inquiry; in the case of a retrial, the head of the Federal Agency shall decide on the The other members and their representatives must have special technical experience in the field of aeronautical engineering, flight operations or air traffic control and must not and must not the Federal Office or any of the bodies referred to in section 4 (2) of this Regulation. or to the manufacturer of the aircraft or any of the manufacturers of its parts. (4) The Board shall achieve its results as unanimously as possible; in the event of a tied vote, the Chairman's vote shall indicate the rash. Deviating views are to be attached to the examination report as a separate presentation. (5) The board assigns and distributes its duties on its own responsibility to its members. However, it does not appear to the outside only as the examination chamber.

Sixth Section
General provisions

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§ 24 Costing

(1) The costs of the investigation are initially borne by the Federal Government. (2) The Federal Government may recover the costs of the investigation from the person at the expense of which a court or administrative authority carries out the deliberate or grossly negligent conduct of the accident or of the disturbance has been found to be indisputable. The right of recourse shall be forfeited after the expiry of two years after the entry of the unquestionability of the judicial or administrative decision. (3) The costs for the recovery of the aircraft or for the disposal of the debris are of the following: To bear the owner of the aircraft. This shall also apply where the investigator has ordered the recovery to be carried out for the purpose of the investigation. The possibility of recourse remains unaffected. (4) The claim for reimbursement of expenses is to be determined in a communication which is based on the Administrative Enforcement Act of 27 April 1953 (BGBl. 157), as last amended by Article 40 of the Law of 14 December 1976 (BGBl I). 3341), as amended, can be made in the current version. Unofficial table of contents

Section 25 Collection, processing and use of data

(1) The Federal Office, the investigators under § 11 and the participants in accordance with § 14 may, within the limits of their powers pursuant to § § 11 and 16, personal data of all persons involved in the accident or incident or affected persons, as well as of Witnesses and other persons who make statements about the accident or the disturbance shall collect, process and use, insofar as this is necessary for the purposes of the investigation according to § 3. They shall also determine the aircraft concerned by type and identification number and the identifying characteristics of the luggage and cargo on board. (2) Confidential declarations shall be made by technical measures against unauthorised persons. (3) The data collected pursuant to paragraph 1 shall be stored in a file or recorded in files. Unofficial table of contents

Section 26 Data transfer to public authorities

(1) The Federal Office may transmit data to public authorities in accordance with § 25, insofar as this is for aviation security, for the issuance of air-related permits and permits relating to the operation of the aircraft, for which: Conduct of criminal proceedings, for the prosecution of administrative offences and for judicial procedures to establish, assert or defend legal claims in connection with the accident or incident and for the purpose of Information of relatives of those affected by the accident event is required. (2) Among the The conditions set out in paragraph 1 may be granted for access to the file if the transmission of data requires a disproportionate effort or if the file inspection body declares that the transmission of data to the data subject to the Fulfilling their task would not be enough. § 96 sentence 1 of the Code of Criminal Procedure shall remain unaffected and shall be applied accordingly. (3) Under the conditions laid down in paragraphs 1 and 2, files and reports from the Federal Agency may be sent to public authorities upon request for inspection, to the extent that: necessary for the purposes of law enforcement, for the purposes of the administration of justice and for administrative procedures directly related to the event and its consequences. Section 96, first sentence, of the Code of Criminal Procedure shall remain unaffected and shall be applied accordingly. In the event of a resumption in accordance with § 22, the administrative authorities and courts shall be obliged to return the files without delay upon request of the Federal Office. (4) The Federal Office may submit data pursuant to section 25 for the purposes referred to in paragraph 1 to those specified in § 6 Paragraph 1, in so far as this is necessary for the performance of the tasks within the competence of the receiving body and where the interests of the person concerned are not adversely affected, in particular in the case of the addressee. adequate data protection standards. The transmission of personal data shall be permissible even if the recipient does not ensure adequate data protection, insofar as it is intended to prevent accidents during the operation of civil aircraft and for the purpose of informing them of: Members of the persons affected by the accident event are required. The recipient must be informed that the transmitted data may only be processed and used for the purpose for which it has been transmitted to it. Unofficial table of contents

Section 27 retention and deletion periods

(1) The time limit for the retention of files shall be 30 years in the event of an accident involving fatalities. All other files are kept for 20 years. (2) The data stored in files shall be deleted in the event of an accident with a fatal outcome after 30 years, after the expiry of 20 years. (3) The period referred to in paragraphs 1 and 2 shall begin with the conclusion of the procedure. § 187 (1) of the Civil Code and Section 2 (1) to (6), (8) and (9) of the Federal Archives Act shall apply. Unofficial table of contents

Section 28 Aviation Safety

(1) The Federal Office shall carry out aviation safety work with the aim of preventing air traffic accidents by conducting and evaluating statistics, publishing flight accident information and participating in lecture events. (2) The Federal Agency shall carry out a anonymized statistics on accidents and serious disturbances, to be published annually. Its purpose is to provide an up-to-date, all-encompassing and reliable data base on the structure and development of the cases covered. (3) Statistics are included in the statistics:

1.: the aircraft concerned by nationality sign, type of construction, manufacturer, type of damage to the aircraft, the nature of the third-party damage, the transport of dangerous goods, the nature of the dangerous goods,
2.: the number of aircraft passengers;
3.: the number of injured occupants and the consequences of the accident (fatal, severe, other injuries),
4.: The accident site, date, fall and circumstances of the accident (operating phase, type of malfunction) as well as the causes of accidents determined.

(4) The Federal Office shall evaluate German and foreign statistics on accidents and incidents. Evaluation results and the resulting accident information will be published. The Federal Office may, on request, produce evaluations and statistics on the reimbursement of expenses, insofar as this does not affect the proper performance of its tasks. (5) Authorities and organisations recognised as non-profit-making bodies which In accordance with paragraphs 2 and 4, the publications are free of charge. (6) The Federal Office may, on request, provide speakers for air navigation events or comparable events of the police or the police. Send civil protection protection, insofar as this is the proper performance of the tasks shall not be affected. Unofficial table of contents

Section 29 Participation in the search and rescue service

The Federal Office cooperates with the search and rescue service by procuring necessary information, passing on to it and advising it. Prior to the cessation of the search for a missing aircraft, agreement shall be established between the search and rescue service and the federal agency. Unofficial table of contents

§ 30 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.: , contrary to Article 12 (1) sentence 2, the accident site is entered,
2.: Contrary to Section 12 (2) sentence 1, the accident site, the traces of the accident, the wreckage, the debris or other contents of the aircraft are altered prior to release,
3.: in the absence of consent pursuant to section 14 (7), first sentence, to the state of the investigation or to individual results, or
4.: Contrary to Section 16 (3) sentence 1 of the obligation, the obligation to testify to truthfulness or to repay expert opinions is not complied with.

(2) The administrative offence can be punished with a fine. (3) The Federal Aviation Office is the administrative authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences. Unofficial table of contents

Annex Examples of serious disturbances

The disturbances listed below are typical examples of serious disturbances. However, the list is not exhaustive and serves only as a guideline for the definition of the term 'serious disturbances'.

-: Fast collision/dangerous encounter; dangerous rapprochement of two aircraft in which at least one aircraft was operated in accordance with instrument flight rules and an evasion maneuver was required or would have been appropriate to provide a to avoid a collision or a dangerous situation;
-: Only narrowly avoided ground contact with an aircraft (CFIT) that has not been overtaken;
-: Canceled start on a locked or occupied runway or start of such a track with critical obstacle distance;
-: Landing or landing on a locked or occupied runway;
-: Significant undershooting of the pre-calculated flight stings at the start or in the initial climb;
-: fires or smoke in the passenger cabin or in the cargo hold and engine fires, even if these fires have been extinguishing with the aid of extinguishing agents;
-: circumstances which forced the flight crew to use oxygen;
-: structural failure of the aircraft or engine breakdown, which is not classified as an accident;
-: multiple failure of one or more aircraft systems, thereby seriously affecting the operation of the aircraft;
-: any failure of flight crew members during the flight;
-: any fuel shortage in which the aircraft driver has had to declare an emergency;
-: Disturbances at take-off or landing; disturbances such as early or late upsetting, overshooting or lateral agreements from the runway;
-: failure of systems, meteorological phenomena, operation outside the permissible flight range or any other results which could have caused difficulties in the control of the aircraft;
-: Failure of more than one system in a redundant system, which is indispensable for flight guidance and navigation.