Annex 13. Издание 2. AMENDMENT 2 | Аэростандарт

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Annex 13. Издание 2

AMENDMENT 2

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CWER SHEET TO AMENDMENT 2 INTERNATIONAL, STANDARDS AND RECOMlYiENDED PRACJYCES mcm ACCIDENT IJYQUIRY ANNEX 13 TO THE CQN.VENTION ON INTERNAnONAL CIVIL AVIATION SECOND EDITION - MARCH 1966

f -- 1 SUPPLEMENT TO ANNEX 13, First Edition AIRCRAFT ACCIDENT INQUIRY Differences betwwen the national regulations and practices of States and the corresponding International Standards and Recommendations contained in Annex 13, as notified to ICAO in accordance with Article 38 of the Convention on International Civil Aviation ar.d the Council's resolution of 21 November 1950. i Published by authority of the Council June 1952 INTERNATIONAL CIVIL AVIATION ORGANIZATION

Supplement to Annex 13 - First Edition - Aircraft Accident Inquiry RECORD OF AMENDMENTS No. 1 2 Date Entered by Date 28/11/56 l/10/59 Entered by ICAO IC A0 I NO. I

FOREWORD Standards and Recommended Practices for Aircraft Accident Inrluiries were first adopted by the Couilcil on 11 April 1951 pursuant to Article 37 of the Convention on International Civil Aviation Chicago, 1944 and were designated as Annex 13 to the Convention. They became effective on 1 September 1951. and became applic- able on 1 December 1951. The Standards and Recmmended Practices were based on recommendations of the Accident Inves- tigation Division at its First Session in February 1946 which were further devel- owd at the Second Session of the Division in February 1947. The Fourteentl session of the As- sembly Rame, August-September 1962 considered the subject of aircraft accident investigation and adopted Resolutions A14-22 and A14-27, Appendix P. The first of these 1 directed "the Council to "a study the possibility of initiat- ing a uniform procedure to be used by States to make available promptly the reports of aircraft accident inves- tigations and inquiries, particularly when related to large modern trans- port aircraft, so that the dissemination of such reports by all Conttacting States may be improved "b study whether it is practicable to establish procedures by which the State of manufacture or the State that first certificated the aircraft type, would, in appropriate cases and upon invitation, make available competent experts for advice or consultation in the investigation of accidents, and in the light of the results of such study "i determine the ,most practi- cable means of .ensuring that the fullest possible advantage will be taken of the specialized knowledge of such experts and notify all Con- tracting States accordingly, and "ii urge all Contracting States to co-operate in the use of such experts so as to contribute to the safety df air navigation " The Fift-nth Session of the Assembly Monucal, June-July 1965 subsequentb adopted Resoluuon A15-8 Appendix P which consolidnrcd and su rshcd resolving' clause 2 of Rcsolurion AK-22 and Resolution A14-27. Appcndix P. ANNEX 13 and 2 urged "all Contracting States to provide timely notificatio of aircraft accidents, especially those involving large modern transport aircraft, to the State of manufacture or the State that first certificated the aircraft type, whenever it is considered that such action would be appropriate." In addition, by Resolution A14-27, Appendix P, the Assembly r.esolved that, "in respect of accident investigation, that it is of great importance for the general improvement of the safety of air navi- gation that, to the greatest practicable extent, a Contracting State in which an accident has occurred involving aircraft other than of its manufacture communicate to the State of manufacture as soon as possible any pertinent information which results from the inquiry and which may reflect on the airworthiness of the aircraft type or its equipment, or which might be used to effect improvement in safety." At its Third Session, held in Montreal in January-February 1965, the Accident Investigation Division examined these Assembly resolutions and made proposals for substantial ametldrnents to the Stand- ards and Recommended Practices of Annex 13. The Division's recommenda- tion for amendment of Annex 13 was adopted by the Council on 24 November 1965 a'nd became applicable on 25 August 1966. The substantial nature of the amendments was such that it was decided to reissue the Annex in its second edition. Subsequent to the issuance of the second edition, the Council, on 5 December 1966, adopted Amendment 2 relating to the provisions in Chapter 4 and in Appen- dices 1 and 2 for communication pro- cedures for sending the aircraft accident notifications. Applicability As indicated in Chapter 2, the Standards and Recommended Practices in this Annex, with the exception of 4.4, 5.2, 5.3 and 6.4, apply to aircraft accidents occur- ring in the territory of a Contracting State to aircraft registered in another Contract- ing State. While the Anlex has been adopted pursuant to the of Article 37 of the Convention. Aircraft Accident Inquiry is itself the subject of Article 26 of the Convention. This Article imposes an obligation on the State in which the aircraft accident occurs to institute an inquiry in certain circumstances and, as far as its laws per.mit, to conduct the inquiry in accordance with ICAO proce- dure. However, Article 26 does not preclude the taking of further action in the field of aircraft accident investigation and the procedures set forth in this Annex are not limited solely to an inquiry instituted under the requirements of Article 26,. but under prescribed circum- stances apply in the event of an inquiry into any "aircraft accident" within the terms of the definition herein. In order to maintain the, correct relationship be- tween the provisions of Article 26 and those of the Annex, the following grin- ciples have been observed u Article 37 of the Convention is the controlling Article in the develop- ' ment of an Aircraft Accident Inquiry Annex, but nothing in the Annex must contravene the express terms of Article 26, or any other Article of the COIF vention, nor should it contain any provision which would do violence to the spirit and intent of the Conventioa. b Subject to a the Annex may deal tvith any relevant matter whether or not expresely dealt with by Article 26 or by any otheq Article of the Con- en ti on. For instance it is not a contra- vention of the Convention for the Annex to deal with the rights or obligatiws of States other than the State of Registry and the State in which the accident occurred similarly the Annex may deal with the privileges to be accorded to observers entitled by Article 26 to be "present" at the inquiry. These are matters upon which Article 26 is dent. The Annex may also deal with accidents of a kind which do not fall within the provisions of Article 26. Relstldp betweem Annex 13 and Article 26 of the CoavesHw In order to clarify the relationship between the provisiotrs of Article 26 and those of the present Annex the Council. at the 20th meeting of its Twclfth Sessio on 13 April 1951, adopted the following additional resolution 24/8/67 No. 2

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