Aviation Ordinance, 2015
This aviation text sets rules for aerodrome access, security, charges, public health measures, lost property, and accident investigation.
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This aviation text sets rules for aerodrome access, security, charges, public health measures, lost property, and accident investigation. This part defines key aviation investigation terms and sets out who must report, preserve evidence, investigate, publish reports, and keep information confidential after accidents and serious incidents. This part lists external search-and-rescue and aviation materials that apply, including the Hamburg Convention, regional SAR plans and agreements, the IAMSAR Manual, and OTAC SAR-1 circulars.
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Aviation Ordinance, 2015 — segment 1
AI-assisted research summary: This aviation text sets rules for aerodrome access, security, charges, public health measures, lost property, and accident investigation.
ST HELENA REVISED EDITION OF THE LAWS, 2017 MARITIME & AVIATION LAW AVIATION ORDINANCE, 20151 Ordinance 4 of 2015 In force 1 June 2015 Amended by Ordinance 6 of 2016 Subsidiary legislation:2 AERODROME REGULATIONS, 2015 Page 6 Legal Notice 18 of 2015 Amended by L.N.10/2016 Included are: AERODROME CHARGES REGULATIONS, 2015 Page 14 (Made by the Governor under Article 158 of the Air Navigation (Overseas Territories) Order 2013) Legal Notice 16 of 2015 Amended by L.N.17/2017 CIVIL AVIATION (INVESTIGATION OF AIR ACCIDENTS AND INCIDENTS) REGULATIONS, 2019 Page 19 (Made by the Governor under section 75 of the Civil Aviation Act 1982 as extended to St Helena by Article 4 of the Civil Aviation Act 1982 (Overseas Territories) Order) Legal Notice 24 of 2019 NOTICE MADE BY THE GOVERNOR PURSUANT TO ARTICLES 4, 5, 7 and 74 OF THE AIR NAVIGATION (OVERSEAS TERRITORIES) ORDER 2013 Page 35 Gazette Notice No. 28 published in Extraordinary Gazette No. 18 of 23 March 2015 SEARCH AND RESCUE ORGANISATION AND FACILITIES Page 36 Gazette Notice No. 8 published in Extraordinary Gazette No. 8 Of 15 January 2020 _______________ 1 Under section 10 of the Revised Edition of the Laws Ordinance, 1999 this text is authoritative and is the sole authentic edition in respect of the law contained in it as at 15 January 2020. 2 See also the UK Acts and Orders listed in Part D of the List of UK Laws Applied to St Helena, Ascension and Tristan da Cunha on this website. 2 AVIATION ORDINANCE, 2015 ARRANGEMENT OF SECTIONS 1. Citation and commencement 2. Interpretation 3. Control of land in the interests of civil aviation 4. Powers of detention 5. Exemption of aircraft and parts of them from seizure on patent claims 6. Trespass 7. Unauthorised presence on board aircraft 8. Power to question and search 9. Penalties and power of arrest 10. Public health and environment 11. Application of law of wreck and salvage to aircraft 12. Power to make regulations AN ORDINANCE to enact certain provisions relating to civil aviation; and for connected or incidental purposes. PART 1 PRELIMINARY Citation and commencement 1. (1) This Ordinance may be cited as the Aviation Ordinance, 2015, and comes into force on a date or dates the Governor appoints by order.3 (2) An order under subsection (1) may appoint different dates for different provisions or for different purposes of the same provision. Interpretation 2. (1) References to legislation (including Ordinances and Conventions) in this Ordinance are to that legislation as amended or supplemented by regulations or other instruments as amended from time to time. (2) Terms used in this Ordinance, unless the context otherwise requires, have the meanings ascribed to them in the Air Navigation Order and as set out below: “aerodrome” means the aerodrome at Prosperous Bay Plain; “aerodrome operator” means the person contracted by the Government of St Helena to manage and operate the aerodrome; “aerodrome security officer” means the Designated Accountable Manager appointed by the aerodrome operator and persons appointed by the Designated Accountable Manager from time to time, and every customs officer and police officer; 3 1 June 2015: see L.N. 15/2015 3 “Air Navigation Order” means The Air Navigation (Overseas Territories) Order 2013 (S.I. 2013 No. 2870)(UK); “authority” means any court, agency, inspectorate, minister, official or public or statutory person with relevant jurisdiction; “Chicago Convention” means the International Convention on Civil Aviation which was signed on the 7th day of December 1944 on behalf of the United Kingdom at the International Civil Aviation Conference held in Chicago; “Contracting State” means any State which is party to the Chicago Convention; “fuel facilities” means the bulk fuel facilities in Rupert’s Valley and the airport fuel facility adjacent to the aerodrome; “Fuel Management Contractor” means the person appointed by the St Helena Government from time to time to manage the fuel facilities; “owner” in relation to an aircraft, means the registered owner of the aircraft; “restricted area” means any area at the aerodrome or the fuel facilities designated as such by the aerodrome operator or the Fuel Management Contractor. Control of land in the interests of civil aviation 3. (1) The Governor in Council may, if satisfied that it is necessary to do so in order to secure the safe and efficient use for civil aviation purposes of any land, structures, or works in connection with the aerodrome, direct that any area of land, structure or works be subject to control in accordance with this section. (2) Pursuant to subsection (1), the Governor in Council may give directions in relation to the area— (a) requiring the total or partial demolition of any building or structure within the area to which the order relates; (b) restricting the height of trees upon any land within the area, or for requiring any tree upon any such land to be cut down or reduced in height; (c) extinguishing any private right of way over land within the area; (d) restricting the installation of cables, mains, pipes, wires or other apparatus upon, across, under or over any land within the area; (e) extinguishing, at the expiration of a period specified in the directions, any subsisting right of installing or maintaining any apparatus as aforesaid upon, across, over or under any land within the area; (f) requiring that, before the expiration of a period specified in the directions, any such apparatus be removed from any land within the area. (3) Directions under subsection (1) may contain provisions for empowering any person specified in the directions to enforce any of the directions. (4) A person required to do or refrain from doing anything by a direction under this section may appeal to the Planning and Development Appeals Tribunal established under the Land Planning and Development Control Ordinance, 2013, and that Tribunal may hear and determine any appeal under this section. Powers of detention 4. (1) If default is made in the payment of any charges incurred in respect of any aircraft at the aerodrome, the aerodrome operator may, subject to this section— 4 (a) detain, pending payment, either the aircraft in respect of which the charges are incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins) or any other aircraft of which the person in default is the operator at the time when the detention begins; and (b) if the charges are not paid within 56 days of the date when the detention begins, take any steps necessary to sell the aircraft in order to satisfy the charges. (2) The Governor may authorise the detention of an aircraft at the aerodrome when so requested by an authority with respect to any non-compliance with international safety standards. (3) Subject to section 5, if an authority of a Contracting State has made a determination as to whether or not any sum is due in respect of air navigation services provided by that Contracting State, that determination is enforceable in St Helena. Exemption of aircraft and parts of them from seizure on patent claims 5. (1) Any lawful entry into St Helena or any lawful transit across St Helena, with or without landing, of an aircraft to which this section applies does not justify any seizure or detention of the aircraft or any proceedings being brought against the owner or operator of the aircraft, or any other interference with it, by or on behalf of any person in St Helena, on the ground that the construction, mechanism, parts, accessories or operation of the aircraft is, or is likely to cause, an infringement of any patent, design or model. (2) The importation into, and storage in, St Helena of spare parts and spare equipment for an aircraft to which this section applies and the use and installation of them in the repair of such an aircraft does not justify any seizure or detention of the aircraft or of the spare parts or spare equipment or any proceedings against the owner or operator of the aircraft or the owner of the spare parts or spare equipment, or any other interference with the aircraft, by or on behalf of any person in St Helena, on the ground that the spare parts or spare equipment or their installation are or is an infringement of any patent, design or model. Trespass 6. A person who, without the consent of an aerodrome security officer or other lawful authority, enters a restricted area or remains in the aerodrome or in the fuel facilities when requested to leave by an aerodrome security officer or by the Fuel Management Contractor commits an offence. Penalty: As provided in section 9(1). Unauthorised presence on board aircraft 7. It is an offence for a person, not being a person either engaged in Her Majesty’s service or having lawful authority to do so, to— (a) go on board any aircraft without the consent of the pilot in charge or an aerodrome security officer; or (b) remain on board any aircraft after being requested to leave by an aerodrome security officer. Penalty: As provided in section 9(1). 5 Power to question and search 8. (1) Every person entering the aerodrome must— (a) answer any questions that any aerodrome security officer asks with respect to the purpose of the person’s entry, or concerning any baggage or other property carried by the person; and (b) if so required by the aerodrome security officer, produce that baggage or other property for examination at a place and in a manner the aerodrome security officer directs. (2) It is an offence for a person to— (a) make a false statement to an aerodrome security officer in relation to the purpose of the person’s entry, or concerning any baggage or other property carried by the person; or (b) refuse to produce any baggage or other property carried by the person when requested to do so in accordance with subsection (1). Penalty: As provided in section 9(1). Penalties and power of arrest 9. (1) A person who commits an offence under this Ordinance is liable on conviction to a fine of £20,000 or imprisonment for 5 years, or both. (2) An aerodrome security officer may arrest, without warrant, any person whom he or she has reasonable grounds to suspect is guilty of committing or attempting to commit an offence under this Ordinance. Public health and environment 10. (1) An aircraft operator must have regard to guidelines issued by the Governor in Council or the World Health Organization in relation to the disinsection and disinfection of aircraft. (2) For purposes of subsection (1)— “disinsection” means the procedure whereby health measures are taken to control or kill insects present in aircraft, baggage, cargo, containers, goods and mail; “disinfection” means the procedure whereby health measures are taken to control or kill infectious agents on a human or animal body, in or on affected parts of aircraft, baggage, cargo, goods or containers, as required, by direct exposure to chemical or physical agents. (3) The Governor in Council must make regulations to— (a) ensure the safe disposal of waste products on an aircraft landing at the aerodrome; (b) prevent the importation of hazardous products by an aircraft; (c) control effluent from aviation activities. (4) A person who contravenes subsection (1) or any regulations issued under subsection (3) commits an offence. Penalty: A fine of £2,000 or imprisonment for 6 months, or both. 6 Application of law of wreck and salvage to aircraft 11. (1) Any services rendered in assisting, or in saving life from, or in saving cargo or apparel of, an aircraft in, on or over the sea or any tidal water, or on or over the shores of the sea or any tidal water, are deemed to be salvage services in all cases in which they would have been salvage services if they had been rendered in relation to a vessel. (2) If salvage services are rendered by an aircraft to any property or person, the owner of the aircraft is entitled to the same reward for those services as the owner would have been entitled to if the aircraft had been a vessel. (3) If any aircraft, part of an aircraft or equipment for an aircraft is sunk, stranded or abandoned in the territorial waters of St Helena in such a manner as in the opinion of the Harbour Master appointed under the Ports Ordinance, 2016 is, or is likely to become, an obstruction or a danger to marine navigation in those waters pending the raising, removal or destruction of the aircraft, part or equipment, the Harbour Master may cause the aircraft, part or equipment to be lighted or buoyed in any manner he or she considers appropriate. Power to make regulations 12. (1) The Governor in Council must make regulations in accordance with this Ordinance. (2) The Governor in Council may make regulations, or may authorise the aerodrome operator to issue bye-laws, to regulate access to and activities at the aerodrome, and notice of such regulations or byelaws must be displayed at the aerodrome. (3) Any bye-laws issued by the aerodrome operator under subsection (2) may provide that in respect of any contravention of them the offender is liable on conviction to a maximum fine of £2,000, or to a maximum term of imprisonment of 6 months, or both, as provided in the bye-laws. ______________________ AVIATION ORDINANCE, 2015 AERODROME REGULATIONS, 2015 (Section 12(2)) TABLE OF CONTENTS 1. Citation and commencement 2. Interpretation 3. Access to aerodrome and security restricted areas 4. Animals 5. Prohibited acts 6. Acts for which permission is required 7. Motor vehicles 8. Taxis, buses and rental cars 9. Driving at the aerodrome 10. Lost property 7 11. Penalties and power of arrest Citation and commencement 1. These Regulations may be cited as the Aerodrome Regulations, 2015, and come into force on 3 July 2015. Interpretation 2. (1) References to legislation (including Ordinances and Conventions) in these Regulations are to that legislation as amended or supplemented by way of regulations or other instruments from time to time. (2) Terms used in these Regulations, unless the context otherwise requires, have the meanings ascribed to them in the Air Navigation Order and the Aviation Security and Piracy (Overseas Territories) Order 2000 (UK)) and as set out below: “airside” includes the movement area of the aerodrome and any other part of the aerodrome to which a person is denied access unless in possession of a valid flight ticket or boarding card or some other identification issued or approved by the aerodrome operator; “police officer” means a person who is a member of, or seconded to, the St Helena Police Service, and includes special constables and constables under probation; “parking area” means a place defined by studs or lines on the ground and provided for the parking of any class of vehicle; “passenger” means a person transported by an aircraft other than a crew member; “security restricted area” means any area at the aerodrome designated as such by the aerodrome operator. Access to aerodrome and security restricted areas 3. (1) All persons on any part of the aerodrome are subject to these Regulations and by orders and instructions of an aerodrome security officer relating to the use or occupation of any part of the aerodrome, and this regulation is subject to Article 9 of the Air Navigation Order. (2) No person may enter any security restricted area except with the general or specific written permission of the aerodrome operator and subject to any conditions attached to the permission. (3) No person may enter or be upon the runway, control tower or the customs area of the aerodrome, except— (a) persons assigned to duty at that place by the aerodrome operator; (b) authorised representatives of the St Helena Government; and (c) persons authorised by the aerodrome operator. (4) All required permits, passes and other required forms of identification must be prominently displayed and available for inspection. (5) A person must state his or her correct name and address and the purpose of his or her being on the aerodrome, if so requested by an aerodrome security officer. 8 (6) These Regulations do not apply to any person who is a member of a fire, police or ambulance service when attending a notified emergency or incident, nor to any emergency vehicle being used by any such person during any such emergency or incident. (7) Authorised airport identification must be used only by the person to whom it was issued and only for purposes of conducting official airport related business. Animals 4. (1) No person may bring into the aerodrome or tether, or cause to be tethered, or permit to stray on the aerodrome any animal, except an animal which has arrived by air or is intended for despatch by air and which is restrained by leash or confined in such other manner as to be under control. (2) An aerodrome security officer may seize and impound any animal found straying or tethered on the aerodrome, or to shoot any animal found straying on the aerodrome. (3) Sub-regulations (1) and (2) do not apply to any dog required to be on the aerodrome for security or guard duties, provided that the animal is restrained by leash or under the control of an aerodrome security officer. Prohibited acts 5. The following acts are prohibited within the aerodrome in the absence of lawful authority or reasonable excuse: (a) intentionally obstructing or interfering with the proper use of the aerodrome; (b) intentionally obstructing any person acting in the execution of his or her duty in relation to the aerodrome; (c) failing to comply with any notice prohibiting or restricting access to any building, road or any part of the aerodrome; (d) allowing any vehicle, animal or thing to be on the aerodrome after having been required to remove it, or after its presence on the aerodrome has been forbidden, by an aerodrome security officer; (e) boarding or climbing upon, or attempting to board or climb upon, any aircraft without the authority of the person in charge of it; (f) failing to chock properly or otherwise secure a stationary aircraft other than in a hangar; (g) intentionally operating, otherwise than in an emergency, any switch or lever of any escalator, lift or door upon or near which is displayed a notice that it is intended only to be operated in an emergency; (h) obstructing an emergency exit at the aerodrome; (i) tampering with, interfering with or misusing any lift, escalator, conveyor belt, power operated gangway or any mechanical or electronic equipment, including fire hydrants, fire extinguishers, defibrillators or other lifesaving equipment; (j) tampering with, interfering with or misusing any apparatus provided for transmitting and receiving messages; (k) smoking in, or otherwise bringing or lighting any naked light into or in, any place on the aerodrome except in a designated smoking area; (l) climbing any wall, fence, barrier, railing or post; (m) taking photographs or participating in filming or sound recording in a security 9 restricted area of the aerodrome without permission; (n) throwing, leaving or dropping on the apron anything capable of causing injury to any person or property; (o) littering on the aerodrome or discarding foodstuff or other items in a manner that might attract birds or other animals; (p) intentionally giving a false fire or ambulance alarm, bomb warning or any other emergency alarm by any means; (q) failing to place an aircraft or any device, appliance or other thing incidental or ancillary to an aircraft in the place and position appointed for that purpose by the aerodrome operator or a person authorised by him or her for the purpose; (r) on parts of the aerodrome to which the Road Traffic Ordinance, 1985 does not apply— (i) driving or placing a vehicle carelessly or recklessly or without due consideration for persons using the aerodrome; (ii) failure by the driver of a vehicle to stop when required to do so by an aerodrome security officer; (iii) failure by the driver of a vehicle which is involved in an accident to give his or her name and address and the name and address of the owner of the vehicle to any person having reasonable grounds for requiring them; (iv) failure by the driver of a vehicle forthwith to stop after any accident occurs and report the accident to an aerodrome security officer as soon as reasonably practicable and in any event before leaving the aerodrome; (v) failure by the driver of a vehicle to comply with any direction for the regulation of traffic given by an aerodrome security officer or a traffic sign; (vi) parking a vehicle elsewhere than in a place provided for that purpose; (vii) failure by the person in charge of a vehicle to remove it from any parking area when required to do so; (viii) leaving or parking a vehicle in excess of the permitted time in an area where the period of waiting is restricted by notice; (s) soliciting funds or contributions of any kind or causing any annoyance to any person at the aerodrome; (t) leaving any baggage or other item unattended in a public place or security restricted area within the aerodrome; (u) being drunk or under the influence of drugs or other intoxicating substances in any part of the aerodrome; (v) organising or taking part in any demonstration, procession or public assembly likely to obstruct or interfere with the proper use of the aerodrome or obstruct or interfere with the comfort and convenience or safety of passengers or persons using the aerodrome; (w) removing from the aerodrome any baggage trolleys, wheelchairs and other disabled assistance devices provided for passenger use at the aerodrome; (x) misusing any baggage trolley, wheelchairs and other disabled assistance devices provided for passenger use at the aerodrome; (y) skateboarding or playing any ball game or other similar game which may cause a nuisance or annoyance; (z) a person failing to comply with any request by an aerodrome security officer to leave the aerodrome or any particular part of it or to state the person’s name and address and the purpose of the person being on the aerodrome, provided that such aerodrome security officer must provide written evidence of his or her authority if required to do so. 10 Acts for which permission is required 6. The following acts are prohibited within the aerodrome without the prior permission of the aerodrome operator: (a) knowingly entering or leaving the aerodrome otherwise than through a gate or entrance for the time being provided for that purpose; (b) knowingly entering any part of the aerodrome to which members of the public are not for the time being admitted; (c) driving on the airside without first obtaining a valid airside driving permit from the aerodrome security officer, unless that person is escorted at all times by the holder of such a permit; (d) selling or distributing anything, offering anything for sale or hire, or making any offer of services for reward; (e) affixing any sign or advertisement in the aerodrome or on any fence on the boundary of the aerodrome; (f) on parts of the aerodrome to which the road traffic enactments do not apply— (i) leaving a vehicle on the aerodrome longer than is reasonably necessary for the transaction of the business for the purposes of which it was brought there; (ii) driving a vehicle elsewhere than in a place provided for the passage or accommodation of such a vehicle; or (iii) leaving a vehicle unattended while the engine is running; (g) filling or discharging from any container (including any part of a vehicle) liquid fuel elsewhere than in a place approved for that purpose by the aerodrome operator; (h) by any act or omission causing a fire to occur elsewhere than in a place provided for that purpose; (i) cleaning, servicing or maintaining aircraft, vehicles or equipment or running aircraft engines in areas other than those designated for the purpose; (j) playing a musical instrument; (k) erecting or using any apparatus for transmission, receipt, recording, reproduction or amplification of sound, speech or images in a manner which is likely to cause a nuisance or annoyance; (l) intentionally operating or using in such a way as to prejudice the operation of any communications, navigation or other systems at the aerodrome, any radio transmitter or other thing capable of radiating or generating electrical interference; or (m) intentionally operating a laser device in such a way as to prejudice the operation of any aircraft or vehicle at the aerodrome. Motor vehicles 7. (1) No person may operate any motor vehicle at the aerodrome except in accordance with the Road Traffic Ordinance, 1985 unless otherwise permitted by an aerodrome security officer, except in cases of emergency involving danger to life or property. (2) No person may park a motor vehicle on the aerodrome except in a parking area designated for that purpose. (3) If it appears to an aerodrome security officer that a vehicle has been parked or left by any persons in contravention of these Regulations on any part of the aerodrome, the officer 11 may cause that vehicle to be removed in a manner and to a place on the aerodrome as the officer thinks fit. Taxis, buses and rental cars 8. (1) No person may, without reasonable excuse, stand or park a taxi, bus or rental car on the aerodrome for the purpose of plying for hire or rent unless the person has been authorised so to do by the aerodrome operator. (2) No person may ply for hire with a taxi or bus except in an area designated and marked for that purpose. (3) No person may leave a taxi or bus in an area designated in the manner referred to in sib-regulation (2) unless willing to be hired immediately. (4) Taxi or bus drivers or owners of rental cars must not without reasonable excuse obstruct any carriageway, footway or building or give reasonable cause for annoyance or disturbance to persons in the aerodrome. (5) No person may wash down or clean out a taxi, bus or rental car whilst it is on a standing. (6) No person may carry out any major maintenance or repairs on a taxi, bus or rental car whilst it is on a standing. Driving at the aerodrome 9. (1) No person may drive a motor vehicle at a speed in excess of— (a) 15 miles per hour on the aerodrome apron, service road or taxiway; (b) 50 miles per hour on the runway; (c) 20 miles per hour on any other part of the airside area; (d) any other speed limit designated by notice from time to time by the Aerodrome Manager, unless the vehicle is being driven in response to or in preparation for any emergency situation. (2) A person who is under the influence of alcohol, drugs or other intoxicating substance must not drive or attempt to drive a vehicle at the aerodrome. Lost property 10. (1) These Regulations apply in relation to the safe custody, redelivery and disposal of any property or thing which, while not in proper custody, is found on any part of the aerodrome to which the public or passengers have access, or in any vehicle owned or operated by or on behalf of the aerodrome operator, excluding any property or thing found on board an aircraft, in a taxi or on premises licensed by the aerodrome operator. (2) Subject to the Customs and Excise Ordinance, 1999, any person (other than a member of the aerodrome operator’s staff or an aerodrome security officer) who finds property to which these Regulations apply must hand it as soon as reasonably practicable in the state in which the person finds it to a member of the aerodrome operator’s staff or an aerodrome 12 security officer and inform that person of the place and circumstances in which it was found. (3) Subject to the Customs and Excise Ordinance, 1999 and sub-regulation (4) below, any member of the aerodrome operator’s staff or an aerodrome security officer to whom property is handed pursuant to these Regulations, or who himself or herself finds any property to which these Regulations apply, must as soon as reasonably practicable, and in any case before leaving the aerodrome, deliver the property for safe custody in the state in which it comes into the person’s possession to the Lost Property Office at the aerodrome and inform a member of the aerodrome operator’s staff or an aerodrome security officer at the Lost Property Office of the circumstances in which it was found. (4) If, before any lost property has been delivered for safe custody to the Lost Property Office under these Regulations it is claimed by a person who satisfies the member of the aerodrome operator’s staff or an aerodrome security officer, as the case may be, that he or she is, or represents, the true owner, the property must be returned to that person, forthwith, without charge, on that person giving his or her name and address to the member of staff or security officer, as the case may be. (4A) A member of the aerodrome operator’s staff or aerodrome security officer returning property to a person under sub-regulation (4) must as soon as possible report the facts and give the claimant’s name and address and a description of the lost property to the Lost Property Office. (5) Any lost property delivered to the Lost Property Office must, subject to sub- regulation (5A), be retained in safe custody by the aerodrome operator until claimed by the true owner of it or disposed of in accordance with sub-regulation (7) and the aerodrome operator must keep for a period of not less than 12 months a record showing particulars of the lost property (whether delivered to the Lost Property Office or disposed of pursuant to sub- regulation (7)), the circumstances in which it was found and the ultimate disposal of the lost property. (5A) Sub-regulation (5) is subject to the exceptions that— (a) official documents, including licences, passports and alien identity books must, wherever practicable, be returned forthwith to the appropriate government department, local authority or other body or person responsible for issuing them or for controlling or dealing with them; (b) if the name and address of the true owner of any lost property, other than the documents referred to in the preceding proviso, are readily ascertainable, the aerodrome operator or an aerodrome security officer must forthwith notify the true owner that the lost property is in the possession of the aerodrome operator or airport security officer, as the case may be, and can be claimed in accordance with these Regulations. (6) If any lost property is claimed while it is retained by the aerodrome operator and the claimant (a) proves to the satisfaction of the aerodrome operator or an aerodrome security officer that he or she is, or represents, the true owner and that any requirements of the Customs and Excise Ordinance, 1999 have been complied with in relation to the property; and (b) gives his or her name and address to a member of staff of the Lost Property 13 Office or an aerodrome security officer, the property must be delivered to the claimant at the Lost Property Office, and upon payment of any charge the aerodrome operator from time to time fixes for the return of any lost property delivered to the Lost Property Office. (7) The aerodrome operator may dispose of any lost property, subject to the following conditions: (a) If any lost property retained by the aerodrome operator for safe custody in accordance with these Regulations is not, within 6 months of the date when it was delivered to the Lost Property Office, re-delivered to a person pursuant to sub- regulations (5) and (6), the aerodrome operator may sell it for the best price that can reasonably be obtained or, in the case of items of negligible value, dispose of it as the operator thinks fit. (b) Notwithstanding the foregoing provisions of this regulation, if any lost property retained by the aerodrome operator pursuant to this regulation is of a perishable nature and if, within 48 hours from the time when it was found, it has not been re- delivered to a person pursuant to paragraph (5), the aerodrome operator may sell it at the best price that can reasonably be obtained or otherwise dispose of it. (c) Notwithstanding the foregoing provisions of this Regulation, any lost property which is or which becomes objectionable may forthwith be destroyed or otherwise disposed of in a reasonable manner. (8) If any lost property is contained in a package, bag or other receptacle, an aerodrome security officer may cause the receptacle to be opened and the contents examined, or require the claimant to open it and submit it and its contents for examination, for the purpose of— (a) identifying and tracing the owner of the lost property; (b) ascertaining the nature of the contents; or (c) satisfying the aerodrome security officer or aerodrome operator that the contents do not include any item or items which may put at risk the safety or security of the aerodrome, any aircraft or any navigation installation, and if any item or items referred to in paragraph (c) are found, they must be handed to an aerodrome security officer immediately. Penalties and power of arrest 11. (1) A person who contravenes any of these Regulations commits an offence. Penalty: A fine of £2,000 or imprisonment for 6 months, or both. (2) A police officer may arrest, without warrant, any person whom the officer has reasonable grounds to suspect is guilty of committing or attempting to commit an offence under these Regulations __________________ 14 AERODROME CHARGES REGULATIONS, 2015 Made by the Governor under Article 158 of the Air Navigation (Overseas Territories) Order 2013 (S.I. 2013/2870) made under the Civil Aviation Act 19824 TABLE OF CONTENTS 1. Citation and commencement 2. Interpretation 3. Charges 4. Exemptions 5. Landing charge 6. Navigation charges 7. Parking charge 8. Extended hours of operation charge 9. Passenger service charges 9A. Fuel facilities charge 10. Payments Schedule: Charges Citation and commencement 1. These Regulations may be cited as the Aerodrome Charges Regulations, 2015, and come into force on 26th February 2016. Interpretation 2. (1) References to legislation (including Ordinances and Conventions) in these Regulations are to that legislation as supplemented by regulations or other instruments as amended from time to time. (2) Terms used in these Regulations, unless the context otherwise requires, have the meanings ascribed to them in the Air Navigation Order, and as set out below: “aerodrome” means the aerodrome at Prosperous Bay Plain; “carrier” means an airline operating for the purposes of commercial air transport to and from St Helena; “maximum certified take-off mass” means the maximum permissible take-off weight of the 4 Charges at aerodromes certificated or licensed for public use 158. (1) The Governor may, in relation to any aerodrome for which a certificate in accordance with article 155 has been granted, or to such aerodromes generally or to any class thereof, prescribe the charges, or the maximum charges, which may be made for the use of the aerodrome and for any services performed at the aerodrome to or for aircraft, and may further prescribe the conditions to be observed in relation to those charges and the performance of those services. (2) The operator of an aerodrome in relation to which the Governor has prescribed charges under paragraph (1) must not cause or permit any charges to be made except as may be prescribed, and must cause particulars of the prescribed charges to be kept exhibited at the aerodrome in such a place and manner as to be readily available for the information of any person affected by them. (3) The operator of any aerodrome for which an aerodrome certificate or licence for public use has been granted must, when required by the Governor, provide to the Governor such particulars as may be required of the charges established by the operator for the use of the aerodrome or of any facilities provided at the aerodrome for the safety, efficiency or regularity of air navigation.] 15 aircraft and its contents as specified by the Aircraft Certificate of Airworthiness; “owner” in relation to an aircraft, means the registered owner of the aircraft; “passenger” means any person transported by an aircraft other than a crew member; “Schedule” means the Schedule to these Regulations; “transit passengers” means passengers whose flight does not involve a change of flight number during its ground stop. Charges 3. Subject to these Regulations, charges are payable as set out in these Regulations. Exemptions 4. The following aircraft and persons are exempt from payment of charges— (a) diplomatic, government and military aircraft and their personnel on official duty; (b) aircraft that are involved in search and rescue or volcano monitoring; (c) aircraft requiring an emergency landing, including bomb threats; (d) aircraft returning within one hour after take-off; (e) members of the aircraft crew, when performing their duties; (f) officials of airline companies travelling on the business of the airline company; (g) transit passengers. Landing charge 5. (1) A landing charge is payable by the operator of an aircraft for— (a) the use of the landing facilities and installations (including lighting facilities and installations); (b) the use of aircraft parking positions even during any free parking time; (c) the marshalling in and out of aircraft; and (d) the cargo facilities generally available. (2) The basis of the landing charge is the maximum certified take-off mass of the aircraft rounded up to the next full 1,000 kilograms. (3) Irrespective of the maximum certified take-off mass of an aircraft, a minimum landing charge per aircraft will be charged per landing. (4) The landing charge is to be assessed at the rate set out in the Schedule, subject to any exemption conferred by regulation 4. Navigation charges 6. Charges for the use of terminal navigation facilities serving the aerodrome are included in the landing charge. Parking charge 7. (1) A parking charge is payable by an operator of an aircraft for the use by such aircraft of any parking areas available at the aerodrome. 16 (2) The basis of the parking charge is to be the maximum certified take-off mass rounded up to the next full 1,000 kilograms. (3) The parking charge is to be assessed at the rate set out in the Schedule, subject to any exemption conferred by regulation 4. Extended hours of operation charge 8. (1) An additional extended hours of operation charge is payable by an operator for the use of the aerodrome and its landing facilities and installations when landing at the airport at times when the aerodrome would not ordinarily be open. (2) The extended hours of operation charge is to be assessed at the rate set out in the Schedule, subject to any exemption conferred by regulation 4. (3) The extended hours of operation charge will be identified to the operator of an aircraft as part of the Prior Permission Required application for services referred to in the St Helena Aeronautical Information Publication. Passenger service charges 9. (1) A passenger service charge is payable in respect of each passenger on each occasion a passenger leaves the aerodrome for a place outside St Helena at the rate set out in the Schedule. (2) The passenger service charge is payable for— (a) the use of the passenger terminal buildings including all their facilities and installations by departing passengers; and (b) the implementation of required security measures. (3) The basis of the passenger service charge is each departing passenger at the rate set out in the Schedule, subject to any exemption conferred by regulation 4. Essential infrastructure charge 9A.5 (1) There shall be levied an essential infrastructure charge in respect of each passenger on each occasion such passenger— (a) arrives at the aerodrome from a place outside St Helena; or (b) leaves the aerodrome for a place outside St Helena. (2) The essential infrastructure charge is payable as a contribution to the cost of the essential infrastructure required to operate the aerodrome. (3) The basis of the essential infrastructure charge is on each arriving and departing passenger at the rate set out in the Schedule, subject to any exemption conferred by regulation 4. 5 Regulation 9A corrected by Gazette Notice No. 1 of 2 January 2019 17 Payments 10.6 (1) Landing charges and parking charges are payable by the operator of an aircraft, or the operator’s nominated representative, before departure of the aircraft from St Helena, unless prior arrangements have been agreed in writing by the Financial Secretary of the St Helena Government. (2) The passenger service charge and essential infrastructure charge must be collected by the carrier or operator of an aircraft prior to departure of the aircraft to or from St Helena, unless prior arrangements have been made with the Financial Secretary. (3) All passenger service charges and essential infrastructure charges collected shall be remitted to the Financial Secretary on a monthly basis. (4) Notwithstanding the foregoing provisions of this regulation, the Financial Secretary may allow the charges payable by or on behalf of the operator of a civil aircraft regularly arriving at the aerodrome to be calculated monthly with reference to the total number of aircraft of that operator which actually arrive at the aerodrome during the month in respect of which the calculation is to be made. SCHEDULE7 (Regulations 5, 7, 8, 9 & 9A) CHARGES AERODROME: St Helena LANDING CHARGE: (Regulation 5) Rate of landing charge: £4 per metric tonne, subject to a minimum charge of £200 PARKING CHARGE: (Regulation 7) Rate of parking charge: 0 – 4 hours free, thereafter 20% of applicable landing charge per 24 hours or part thereof EXTENDED HOURS OF OPERATION CHARGE: (Regulation 8) A surcharge of 100% of the applicable landing charge for flights landing on a day other than a Contracted Flying Day as defined in the St Helena Aeronautical Information Publication. PASSENGER SERVICE CHARGE: (Regulation 9) Rate of passenger service charge: International flights: Passengers over 12 years: £17.00 Passengers between 2 and 12 years: £8.50 Passengers under 2 years: £0 Rate of passenger service charge – Domestic flights: 6 Regulation 10 corrected by Gazette Notice No. 1 of 2 January 2019 7 Schedule corrected by Gazette Notice No.1 of 2 January 2019 and Gazette Notice No. 219 of 3 December 2019 18 Passengers over 12 years: £17.00 Passengers between 2 and 12 years: £8.50 Passengers under 2 years: £0 ESSENTIAL INFRASTRUCTURE CHARGE (Regulation 9A) Rate of essential infrastructure charge: £50.00 per passenger _______________________ 19 CIVIL AVIATION (INVESTIGATION OF AIR ACCIDENTS AND INCIDENTS) REGULATIONS, 2016 Made by the Governor under section 75 of the Civil Aviation Act 1982 as extended to St Helena by Article 4 of the Civil Aviation Act 1982 (Overseas Territories) Order 2001 (S.I.2001/1452) and in accordance with Schedule 1 to that Order8 8 [Section 75. (1) The Governor may by regulations under this section make such provision as appears to him to be requisite or expedient— (a)for the investigation of any accident arising out of or in the course of air navigation and either occurring in or over the Territory or occurring elsewhere to aircraft registered in the Territory; and (b)for carrying out any Annex to the Chicago Convention (being an Annex adopted in accordance with the Convention and relating to the investigation of accidents involving aircraft) as it has effect from time to time with any amendment made in accordance with the Convention (hereafter in this section referred to as “the Annex”). (2) Without prejudice to the generality of subsection (1)(b) above, the provision there authorised includes provision with respect to any of the following matters, that is to say— (a)the definition of “accident” for the purposes of this section so as to correspond to the meaning adopted for the time being in the Annex; (b)the participation of any persons authorised for the purpose in accordance with the regulations in any investigation held in accordance with the requirements of the Annex by the competent authorities of any other state; and (c)the investigation of any accident other than one to which subsection (1)(a) above applies for the purpose of securing any information, articles or other material which it is the duty of the Territory in accordance with any requirements of the Annex to furnish to any other state. (3) Without prejudice to the generality of subsection (1) above, regulations under this section may contain provisions— (a)requiring notice to be given of any such accident as is mentioned in subsection (1)(a) above in such manner and by such persons as may be specified in the regulations; (b)applying, with or without modification, for the purpose of investigations held with respect to any such accident any of the provisions of any law in force in the Territory relating to the investigation of deaths or accidents; (c)prohibiting, pending investigation, access to or interference with aircraft to which an accident has occurred, and authorising any person so far as may be necessary for the purposes of an investigation, or for the purpose of determining whether an investigation should be held, to have access to, examine, remove, test, take measures for the preservation of, or otherwise deal with, any such aircraft and any other aircraft; (d)authorising or requiring the cancellation, suspension, endorsement or surrender of any licence or certificate granted in the Territory under Part II of the Civil Aviation Act 1949, as extended to the Territory by the Civil Aviation Act 1949 (Overseas Territories) Order 1969, or any Order in Council or order made under the said Part II as so extended, or the withdrawal or suspension of any validation conferred in the Territory of a licence granted by a duly competent authority elsewhere, where it appears on an investigation that the licence or certificate ought to be cancelled, suspended, endorsed or surrendered or the validation withdrawn or suspended, as the case may be, and requiring the production of any such licence or certificate for the purpose of being so dealt with. (4) Without prejudice to subsection (2)(a) above, in this section “accident” shall be construed as including any fortuitous or unexpected event by which the safety of an aircraft or any person is threatened. (5) If any person contravenes or fails to comply with any regulations under this section he shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding there months. (6) Nothing in this section shall limit the powers of any authority under sections 245 to 247 or 252 to 254 of the Merchant Shipping Act 1995(1) or any enactment amending those sections. (7) Part VI of the Civil Aviation Act 1949, as extended to the Territory by the Civil Aviation Act 1949 (Overseas Territories) Order 1969 applies to this section.] 20 TABLE OF CONTENTS 1. Citation and commencement 2. Interpretation 3. Application 4. Purpose of investigation of accidents and incidents 5. Duty to furnish information relating to accidents and serious incidents 6. Preliminary report on accident or incident to be published 7. Protection of evidence and removal of damaged aircraft 8. Air Accident Investigations 9. Powers and duties of Investigators 10. Form and conduct of investigations 11. Investigation report 12. Notice of safety investigation report and representations 13. Publication of reports 14. Safety recommendations 15. Reopening of investigation 16. Participation in an investigation - accredited representatives, advisers and experts 17. Contraventions 18. Non-Disclosure of relevant records 19. Release of evidence to owner 20. Service of notices and other documents 21. Revocation Citation and commencement 1. These Regulations may be cited as the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations, 2019, and come into force upon publication in the Gazette. Interpretation 2.
Part document.segment-2
Aviation Ordinance, 2015 — segment 2
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Aviation Ordinance, 2015 — segment 2
AI-assisted research summary: This part defines key aviation investigation terms and sets out who must report, preserve evidence, investigate, publish reports, and keep information confidential after accidents and serious incidents.
In these Regulations, unless the context otherwise requires— “AAIB” means that part of the United Kingdom Department for Transport known as the Air Accidents Investigation Branch; “accident” means an occurrence associated with the operation of an aircraft which, in the case of a manned aircraft takes place between the time a person boards the aircraft with the intention of flight until such time as all such persons have disembarked, or in the case of an unmanned aircraft takes place between the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down, in which— (a) a person is fatally injured or seriously injured as a result of— (i) being in the aircraft, (ii) direct contact with any part of the aircraft including parts which have become detached from the aircraft, (iii) direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted or were inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew; or (b) the aircraft sustains damage or structural failure which— 21 (i) adversely affects the structural strength, performance or flight characteristics of the aircraft; and (ii) would normally require major repair or replacement of the affected component, except for engine failure or damage when damage is limited to a single engine (including its cowlings or accessories), to propellers, wing tips, antennas, probes, tyres, brakes, wheels, fairings, panels, landing gear doors, windscreens, the aircraft skin (such as small dents or puncture holes) or for minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike (including holes in the radome); or (c) the aircraft is missing or is completely inaccessible; “accident investigation authority” means the authority designated by a Contracting State as responsible for aircraft accident and incident investigation within the context of Annex 13 to the Chicago Convention; “accredited representative” means a person designated by a Contracting State (which person would normally be from that State’s accident investigation authority) on the basis of his or her qualifications, for the purpose of participating in an investigation conducted by another Contracting State; “adviser” means a person appointed by a State, on the basis of his or her qualifications, for the purpose of assisting its accredited representative in an investigation; “aerodrome authority” means, in relation to an aerodrome, the person by whom the aerodrome is operated or managed; “aircraft” means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface; “Annex 13” means Annex 13 (Aircraft Accident and Incident Investigation) to the Chicago Convention as that Annex has effect from time to time; “authorised person” means a person authorised by the Chief Inspector or the Investigator in Charge either generally or in relation to a particular investigation; “causes” means actions, omissions, conditions, or a combination thereof, which led to the accident or incident; “Chicago Convention” means the Convention on International Civil Aviation which was, on 7th December 1944, signed in Chicago on behalf of the Government of the United Kingdom; “Chief Inspector” means the AAIB’s Chief Inspector of Air Accidents; “Contracting State” means any State which is party to the Chicago Convention; “contributing factors” means actions, omissions, events, conditions, or a combination thereof, which, if eliminated, avoided or absent, would have reduced the probability of the accident or incident occurring, or mitigated the severity of the consequences of the accident or incident; “crew” includes every person employed or engaged by the operator in an aircraft in flight in relation to the operation of the aircraft including, where the operator and the pilot in command are the same person, the pilot in command; “dangerous goods” means articles or substances which are capable of posing a risk to health, safety, property or the environment when carried on board an aircraft; “fatal injury” means an injury which is sustained by a person in an accident and which results in his or her death within 30 days of the date of the accident, and references to “fatally injured” must be construed accordingly; “flight recorder” means any type of recorder installed in an aircraft for the purpose of complementing accident or incident investigation; 22 “ICAO” means the specialised agency of the United Nations known as the International Civil Aviation Organisation; “incident” means an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation; “investigation” means a process conducted for the purpose of accident prevention which includes the gathering and analysis of information, the drawing of conclusions, including the determination of causes and/or contributing factors and, when appropriate, the making of safety recommendations; “Investigator” means a person appointed as such under regulation 8; “Investigator in Charge” means a person charged, on the basis of his or her qualifications, with responsibility for the organisation, conduct and control of an investigation conducted pursuant to these Regulations; “maximum mass” means certificated maximum take-off mass of an aircraft; “operator” means a person, organisation or enterprise engaged in, or offering to engage in the operation of an aircraft, whether for valuable consideration or otherwise; “owner” means, where an aircraft is registered, the registered owner; “person involved”, in relation to an accident or serious incident, means— (a) the operator, and any member of the crew, of the aircraft involved in the accident or serious incident; (b) any person involved in the maintenance of that aircraft or in the training of its crew; or (c) any person involved in the provision of an air traffic control, flight information or aerodrome service who has provided services to that aircraft; “pilot in command” means the pilot designated by the operator as being in command of an aircraft and charged with the safe conduct of its flight or, if no such designation has been made, the person who for the time being is in charge of piloting the aircraft without being under the direction of any other pilot in the aircraft; “preliminary report” means the communication used for the prompt dissemination of data obtained during the early stages of the investigation; “safety investigation” means a process conducted by the AAIB under regulation 8(5) for the purposes of accident and incident prevention, which includes the gathering and analysis of information, the drawing of conclusions (including the determination of causes and contributing factors) and, when appropriate, the making of safety recommendations; “safety recommendation” means a proposal of an accident investigation authority, based on information derived from an investigation, made with the intention of preventing accidents or incidents and which in no case has the purpose of creating a presumption of blame or liability for an accident or incident; “serious incident” means an incident involving circumstances indicating that there was a high probability of an accident and is associated with the operation of an aircraft which, in the case of a manned aircraft takes place between the time a person boards the aircraft with the intention of flight until such time as all such persons have disembarked, or in the case of an unmanned aircraft takes place between the time the aircraft is ready to move with the purpose of flight until such time as it comes to rest at the end of the flight and the primary propulsion system is shut down; “serious injury” means an injury which is sustained by a person in an accident and which— (a) requires hospitalisation for more than 48 hours, commencing within 7 days from the date the injury was received; (b) results in a fracture of a bone, excluding simple fractures of fingers, toes or nose; (c) involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; 23 (d) involves injury to an internal organ; (e) involves second-degree or third-degree burns, or any burns affecting more than 5 per cent of the body surface; (f) involves verified exposure to infectious substances or harmful radiation; and references to “seriously injured” must be construed accordingly; “State of Design” means the State having jurisdiction over the organisation responsible for the type design of an aircraft or aircraft engine; “State of Manufacture” means the State having jurisdiction over the organisation responsible for the final assembly of an aircraft, aircraft engine, or major components of the aircraft; “State of Occurrence” means the State in the territory of which an accident or serious incident occurs; “State of the Operator” means the State in which the operator’s principal place of business is located or, if there is no such place of business, the operator’s permanent residence; “State of Registry” means the State on whose register an aircraft is entered; “State Safety Programme (SSP)” means an integrated set of regulations and activities aimed at improving aviation safety. Application 3. These Regulations apply only to— (a) the investigation of accidents and incidents involving aircraft engaged in civil aviation in the circumstances detailed in regulation 8(3) and (4); (b) the safety investigation of accidents and incidents in the circumstances detailed in regulation 8(5). Purpose of investigation of accidents and incidents 4. The sole objective of an investigation of an accident or incident under these Regulations is the prevention of accidents and incidents; and it is not the purpose of this activity to apportion blame or liability. Duty to furnish information relating to accidents and serious incidents 5. (1) Where an accident or a serious incident occurs, any person involved who has personal knowledge of the accident or incident must— (a) give notice of the accident or incident to the Governor, the Chief Inspector and to the designated authority for civil aviation regulation in St Helena by the quickest means of communication available; and (b) where an accident occurs in or over St Helena, immediately notify the Chief Inspector of the accident and of the place where it occurred. (2) The Chief Inspector must forward a notification (containing the information detailed in paragraph (3)) of an accident, a serious incident, or an incident to be investigated within the context of Annex 13, with the minimum of delay and by the most suitable and quickest means available to— (a) the State of Registry; (b) the State of the Operator; (c) the State of Design; (d) the State of Manufacture; and 24 (e) ICAO, when the aircraft involved is of a maximum mass of over 2,250kg or is a turbo-jet powered aircraft. (3) The notice referred to in paragraph (2) must contain, to the extent it is available— (a) in the case of an accident, the identifying abbreviation 'ACCID' or, in the case of a serious incident or incident, 'INCID'; (b) the manufacturer, model, nationality and registration marks, and serial number of the aircraft; (c) the name of the owner, operator and hirer or lessee, if any, of the aircraft; (d) the qualifications of the pilot in command, and the nationality of the crew and passengers; (e) the date and time (local time or UTC) of the accident or serious incident; (f) the last point of departure and the point of intended landing of the aircraft; (g) the position of the aircraft with reference to some easily defined geographical point and latitude and longitude; (h) the number of— (i) crew on board the aircraft at the time of the accident or serious incident and, in the case of an accident, the number of crew killed or seriously injured as a result of the accident; (ii) passengers on board the aircraft at the time of the accident or serious incident and, in the case of an accident, the number of passengers killed or seriously injured as a result of the accident; and (iii) in the case of an accident, other persons killed or seriously injured as a result of the accident; (i) a description of the accident or serious incident and the extent of the damage to the aircraft as far as is known as well as an indication of access difficulties or special requirements to reach the site; and (j) the presence and description of any dangerous goods or cargo on board the aircraft. (4) As soon as it is possible to do so, the Chief Inspector must send any details omitted from the above notification as well as any other relevant information. (5) Any person having knowledge of an accident or serious incident must, if so required by notice in writing given to such person by the Chief Inspector, send to the Chief Inspector such information as is in their possession or control, in such form and at such times as may be specified in the notice. (6) Upon receipt of notification of an accident or a serious incident occurring outside St Helena involving an aircraft registered in St Helena or of which St Helena is the State of the Operator, the operator of the aircraft must, as soon as possible and by the most suitable and quickest means available, provide the authorities of the State conducting the investigation with any relevant information available regarding the aircraft and flight crew involved in the accident or serious incident, and provide a copy of the passenger manifest and details of any dangerous goods or cargo on board the aircraft. (7) The Chief Inspector must inform the authorities of the State conducting an investigation whether the AAIB intends to appoint an accredited representative. Preliminary report on accident or incident to be published 25 6. Subject to regulations 11(2), 12 and 18, the Chief Inspector may at any time publish, or cause to be published, a preliminary report or bulletin relating to an accident or serious incident. Protection of evidence and removal of damaged aircraft 7. (1) Subject to paragraphs (2) and (3) to this regulation and to regulation 9, where an accident or serious incident occurs in or over St Helena— (a) no person other than an authorised person may have access to the aircraft involved in the accident or serious incident; (b) neither the aircraft nor its contents may, except under the authority of the Investigator in Charge, be removed or otherwise interfered with; (c) the Investigator in Charge, or authorised persons, and any person involved must take all reasonable measures to protect the evidence within their custody or control and to maintain safe custody of the aircraft, its contents and records and all air traffic services communication recordings and documents associated with the flight for such a period as may be necessary for the purposes of an investigation; and (d) the Investigator in Charge or authorised person must take all necessary steps to ensure that the aircraft, its contents, and any other evidence remain undisturbed pending inspection by an accredited representative, pursuant to a request from the State of Registry, State of Design, State of Manufacture or State of the Operator, so far as this is reasonably practicable and compatible with the proper conduct of the investigation and provided that it does not result in undue delay in returning the aircraft to service where this is practicable. (2) Notwithstanding paragraph (1)— (a) the aircraft may be accessed, moved or interfered with to the extent necessary to— (i) extricate persons, animals, mail and valuables; (ii) prevent destruction by fire or other causes; (iii) eliminate any danger or obstruction to air navigation, to other transport or to the public; or (iv) remove other property from the aircraft under the supervision of an Investigator or with the agreement of an Investigator or a police officer; and (b) where an aircraft is in water, the aircraft or any of its contents may be removed to such extent as may be necessary for bringing the aircraft or the contents to a place of safety. (3) The Chief Inspector or the Investigator in Charge must facilitate access to and (subject to the provisions of regulation 19) release custody of the aircraft, its contents or any parts thereof as soon as they are no longer required in the investigation to the owner of the aircraft, or any person or persons nominated by the owner or duly designated by the State of Registry or the State of the Operator as applicable. (4) In this regulation the expression “authorised person” means— (a) the Chief Inspector, the Investigator in Charge or a person authorised by either of them; (b) a police officer; or (c) a customs officer. 26 Air Accident Investigations 8. (1) The AAIB is the accident investigation authority for St Helena for the purpose of carrying out investigations into accidents and incidents to which these Regulations apply. (2) The Chief Inspector of the AAIB will appoint Inspectors of Air Accidents to be Investigators, one of whom must be appointed as the Investigator in Charge. (3) Subject to paragraphs (6) and (7), the Chief Inspector must carry out, or cause an investigation to be carried out into— (a) accidents and serious incidents which occur in or over St Helena; (b) accidents and serious incidents which occur to aircraft registered in St Helena— (i) in or over a country or territory which is not a Contracting State, or (ii) when the location of the accident or serious incident cannot definitely be established as being in the territory of any State. (4) The Chief Inspector may, where the Chief Inspector expects to draw air safety lessons from it, carry out or cause an investigation to be carried out into an incident, other than a serious incident, which occurs— (a) in or over St Helena; or (b) otherwise than in or over St Helena to an aircraft registered in St Helena. (5) The Chief Inspector may cause a safety investigation to be conducted in accordance with these Regulations where— (a) an accident, a serious incident or any other incident occurs in or over St Helena or to an aircraft registered in St Helena; (b) that accident, serious incident or incident involves any aircraft engaged in military, customs, police or similar services; and (c) the Chief Inspector expects to draw safety lessons for civil aviation from the safety investigation. (6) Save for any investigation to be undertaken under paragraph (5), the Chief Inspector may delegate the whole or any part of an investigation into an accident or incident to another State or a regional accident investigation organization by mutual arrangement and consent. (7) Where the Chief Inspector delegates the task of carrying out an investigation pursuant to paragraph (6), the Chief Inspector must to the extent possible facilitate inquiries by the Investigator in Charge appointed by the relevant State. (8) The Chief Inspector must not appoint a person as the Investigator in Charge of an investigation where the investigation has been delegated under paragraph (6). (9) Without prejudice to the power of an Investigator to seek such advice or assistance as the Investigator may deem necessary in undertaking an investigation, the Chief Inspector may invite the aviation authorities and suitably qualified persons from St Helena and other Contracting States to assist an Investigator in a particular investigation, so far as this is compatible with the proper conduct of the investigation. 27 (10) Suitably qualified persons or organisations in St Helena must be nominated by St Helena to facilitate the securing and preservation of evidence under instructions from the Investigator in Charge. (11) If, in the course of an investigation, it becomes known or it is suspected that an act of unlawful interference was involved in the cause of the accident or serious incident, the Investigator in Charge must immediately initiate action to ensure that the aviation security authorities of St Helena are informed. (12) For the purposes of paragraph (11), “an act of unlawful interference” means any act which constitutes an offence under the Aviation Security and Piracy (Overseas Territories) Order 2000 (SI 2000/3059), as amended. (13) There must be established by St Helena Government a comprehensive system for providing assistance to aircraft accident victims and their families. Powers and duties of Investigators 9. (1) For the purpose of enabling an investigation to be carried out into an accident or incident in the most efficient way and within the shortest time, an Investigator is authorised to— (a) have unrestricted and unhampered access to and control over the site of the accident or incident, the aircraft, its contents or its wreckage, and all relevant material or evidence including the protection of the aircraft, debris or components for examination or analysis purposes; (b) gather, record and analyse all relevant information on that accident or incident; (c) ensure an immediate listing of evidence and controlled removal of debris, or components, for examination or analysis purposes; (d) recover and have immediate access to and use of the contents of the flight recorders and any other recordings and air traffic service records; (e) arrange for the read out of the flight recorders without delay; (f) require an expeditious autopsy or medical examination of the crew, passengers and other persons and have immediate access to the results of examination of the bodies of victims or of tests made on samples taken from the bodies of victims; (g) have immediate access to the results of examinations of the people involved in the operation of the aircraft or of tests made on samples taken from such people; (h) call and examine witnesses and to require them to produce information or evidence relevant to the investigation; and (i) have free access to any relevant information or records held by the owner, the operator or the manufacturer of the aircraft, and by the authorities responsible for civil aviation, air navigation services or airport operations. (2) For the purposes of paragraph (1), an Investigator has power— (a) by written summons, to examine all persons as the Investigator thinks fit, require persons to answer questions or furnish information or produce books, papers, documents and articles which the Investigator may consider relevant, and to retain any such books, papers, documents and articles until the completion of the investigation; 28 (b) to take statements from all persons as the Investigator thinks fit and to require any person to make and sign a declaration of the truth of the statement made by him or her; (c) on production of the Investigator's credentials, where these are required, to enter and inspect any place, building or aircraft the entry or inspection whereof appears to the Investigator to be requisite for the purposes of the investigation; (d) on production of the Investigator's credentials, where these are required, to remove, test, take measures for the preservation of or otherwise deal with any aircraft, other than an aircraft involved in the accident or incident, where it appears to the investigating Investigator requisite for the purposes of the investigation; and (e) to take such measures for the preservation of evidence as the Investigator considers appropriate. (3) A person summoned by an Investigator under paragraph (2)(a) is allowed such expenses as the Chief Inspector may determine. Form and conduct of investigations 10. (1) The AAIB will have independence in the conduct of an investigation and have unrestricted authority over the extent and conduct of an investigation; and the procedure to be followed in carrying out investigations required or authorised under these Regulations (2) The conduct of an investigation under these Regulations must be— (a) wholly independent of, and separate from, any judicial or administrative proceedings to apportion blame or liability; (b) coordinated with any notified investigation conducted or to be conducted by the judicial authorities of St Helena for the purpose of, and to the extent necessary for, ensuring the traceability and retention of custody of the flight recorders and other physical evidence and for the prompt examination and analysis of such evidence; (c) determined by the Chief Inspector, taking account of the purpose described in regulation 4 and the lessons the Chief Inspector expects to draw from the accident or incident for the improvement of aviation safety. Investigation report 11. (1) On completion of an investigation into an accident or incident, the Investigator in Charge must prepare a Final Report of the investigation, appropriate to the type and seriousness of the accident or incident. (2) On completion of an investigation, the Investigator in Charge must send a copy of the draft Final Report to the following States, inviting their significant and substantiated comments on the report as soon as possible— (a) the State of Registry; (b) the State of the Operator; (c) the State of Design; (d) the State of Manufacture; and (e) any other State that participated in the investigation, and must take account of such comments received within 28 days on technical aspects of the report and either amend the report to include the substance of the comments or, at the request 29 of the State that provided the comments, append to the Final Report the comments upon which no agreement could be reached. (3) The report of an investigation into an accident or incident must state the sole objective of the investigation as described in regulation 4 and, where appropriate, contain a list of findings, cause(s), causal factors and contributing factors, and safety recommendations. (4) The Chief Inspector must submit a copy of every report prepared pursuant to paragraph (1) to the Governor without delay. Notice of safety investigation report and representations 12. (1) Where the Investigator in Charge considers an investigation report (required by regulation 13 to be published) is likely to adversely affect the reputation of any person, the Final report must not be published until the Investigator in Charge has— (a) where it appears practicable to do so, served a notice on the person or, where the person is deceased, on the person who appears to the Investigator in Charge to best represent the interests of the deceased; and (b) made such changes to the report as the Investigator in Charge thinks fit following consideration of any representations made in accordance with paragraph (3) by or on behalf of the person served with the notice under sub-paragraph (a). (2) The notice referred to in paragraph (1)(a) must include particulars of any proposed analysis of facts and conclusions as to the circumstances and causes of the accident or incident which could affect the person concerned. (3) Subject to paragraph (5), representations made pursuant to paragraph (1)(b) must be in writing and provided to the Investigator in Charge within 28 days of service of the notice or such longer period as the Chief Inspector may allow. (4) No person may disclose or permit to be disclosed any information contained in a notice or report served on such person pursuant to paragraphs (1) or (4) to any other person without the prior consent in writing of the Chief Inspector. (5) A person who contravenes or fails to comply with paragraph (4) commits an offence. Publication of reports 13. (1) The Chief Inspector must cause the Final Report of an investigation into an accident or incident to be made public— (a) in the shortest time possible; (b) where possible, within twelve months of the date of the accident or incident; and (c) in such a manner as the Chief Inspector thinks fit. (2) Notwithstanding the provisions of regulation 6, if the Final Report cannot be made publicly available within 12 months, the Chief Inspector must make an interim statement publicly available on each anniversary of the occurrence, detailing the progress of the investigation and any safety issues raised. 30 (3) The Chief Inspector must send a copy of the Final Report to— (a) the parties listed in regulations 11(2) and 12; and (b) any State that provided relevant information, significant facilities or experts; and (c) ICAO when the investigation involved an aircraft of a maximum mass of over 5,700 kg; and (d) the Governor. Safety recommendations 14. (1) The Chief Inspector must cause the report referred to in regulation 13, and the safety recommendations contained in it, to be communicated to ICAO and to all the relevant undertakings or aviation authorities concerned in St Helena and in the States referred to in regulation 11(2). (2) A safety recommendation does in no case create a presumption of blame or liability for an accident or incident. (3) Without prejudice to the investigation or publication of the Final Report, at any stage of an investigation of an accident or incident, the Chief Inspector may recommend in a dated transmittal communication to the appropriate authorities, including those in other States and where appropriate ICAO, any preventative action that the Chief Inspector considers necessary to be taken promptly to enhance aviation safety and must record the responses. (4) The addressee of a safety recommendation pursuant to paragraphs (1) and (3) must— (a) acknowledge receipt of the transmittal communication; (b) consider the safety recommendation and, where it considers it to be appropriate, act upon it; and (c) send to the Chief Inspector within 90 days of the letter of transmittal one of the following— (i) full details of the measures, if any, it has taken or proposes to take to implement the recommendation without delay and, where it proposes to implement measures, the timetable for securing that implementation; or (ii) a full explanation as to why the recommendation is not to be the subject of measures to be taken to implement it; and (d) give written notice to the Chief Inspector where at any time information provided to him pursuant to sub-paragraph (c)(i), concerning the measures it proposes to take or the timetable for securing their implementation, is rendered inaccurate by any change of circumstances. Reopening of investigation 15. (1) If after an investigation has been closed new and significant evidence becomes available, or if the Chief Inspector considers it appropriate, the Chief Inspector may cause the investigation of an accident or incident to be reopened. (2) An investigation that is reopened must be subject to and conducted in accordance with these Regulations. Participation in an investigation - accredited representatives, advisers and experts 31 16. (1) When an investigation of an accident or serious incident is being carried out by an Investigator under regulation 8, accredited representatives may be appointed by— (a) the State of Registry; (b) the State of Design; (c) the State of Manufacture; (d) the State of the Operator; and (e) a Contracting State which has on request furnished information, facilities or experts to the Inspector in connection with the accident or serious incident. (2) Where an investigation of an accident or serious incident is being carried out pursuant to regulation 8, an expert may be appointed by a Contracting State which has a special interest in the accident by virtue of fatalities or serious injuries to its citizens. (3) When an investigation is being carried under regulation 8 the Chief Inspector must invite to participate in the investigation— (a) the air operator, when neither the State of Registry nor the State of the Operator appoints an accredited representative; (b) the organisations responsible for the type design and final assembly of the aircraft, when neither the State of Design nor the State of Manufacture appoints accredited representatives. (4) Accredited representatives may participate in the investigation and be permitted to— (a) visit the scene of the accident; (b) examine the wreckage; (c) obtain witness information and suggest areas of questioning; (d) receive copies of all pertinent documents, saving all just exceptions; (e) have full access to all relevant evidence as soon as possible; (f) participate in read outs of recorded media; (g) participate in off-scene investigative activities such as component examinations, technical briefings, tests and simulations; (h) participate in investigation progress meetings, including deliberations related to analysis, findings, causes and safety recommendations; (i) make submissions in respect of the various elements of the investigation; and (j) appoint advisers to assist the accredited representative. (5) Accredited representatives and their advisers— (a) must provide the Investigator in Charge conducting the investigation with all relevant information available to them; and (b) may not divulge information on the progress and findings of the investigation without the express consent of the Investigator in Charge conducting the investigation. (6) An expert appointed under paragraph (2) may be permitted to— (a) visit the scene of the accident; (b) have access to the relevant factual information which is approved for public release and information on the progress of the investigation; (c) receive a copy of the Final Report; and 32 (d) assist in the identification of victims and in meetings with survivors from their State. Contraventions 17. (1) No person may, without reasonable excuse, obstruct or impede an Investigator or any person acting under the authority of the Chief Inspector in the exercise of any powers or duties under these Regulations. (2) No person may, without reasonable excuse fail (after having had the expenses, if any, to which they are entitled under these Regulations tendered to them) to comply with any witness summons of an Investigator holding an investigation. (3) No person who receives information from an Investigator, may cause or permit that information or any part of it to be disclosed, without the prior written consent of the Chief Inspector, to any other person, body or organisation before it is made publicly available by the Chief Inspector (on publication of the Final Report or otherwise). (4) Any person who knowingly provides false or misleading information to an Investigator in connection with an investigation contravenes these Regulations. (5) No person may circulate, publish or give access to a draft report or any part thereof, or any documents obtained during an investigation of an accident or incident conducted by another State without the consent of that State, unless such reports or documents have been released by that State. (6) Any person involved who— (a) has knowledge of the occurrence of an accident or serious incident in or over St Helena; and (b) fails, without reasonable excuse, to notify it without delay in accordance with regulation 5(1), contravenes these Regulations. Non-Disclosure of relevant records 18. (1) Subject to paragraphs (3), (4), (5) and (6), no relevant record may be made available by the AAIB or any member of its staff to any person for purposes other than an accident or incident investigation conducted under these Regulations. (2) The records listed in paragraph (8) must be included in the Final Report or its appendices only when pertinent to the analysis of the accident or incident and parts of the records not relevant to the analysis must not be disclosed. (3) The names of persons involved in an accident or incident may not be disclosed to the public by the AAIB. (4) Nothing in paragraph (1) precludes the Chief Inspector making a relevant record available to any other person where— 33 (a) in a case where the other person is a party to or otherwise entitled to appear at judicial proceedings, the relevant court has ordered that the relevant record must be made available to that person for the purpose of those proceedings; or (b) in any other circumstances when the relevant court has ordered that the relevant record must be made available for any other purpose. (5) Subject to paragraph (6), no order may be made under paragraph (4) unless the relevant court is satisfied that on balance the interests of justice in the circumstances in question outweigh the adverse domestic and international impact which disclosure may have on the investigation into the accident or incident to which the record relates or on any future accident or incident investigation. (6) A relevant record or part thereof must not be treated as having been made available contrary to paragraph (1) in any case where that record or part is included in the Final Report or the appendices to the Final Report, of the accident or included in a notice served under regulation 12. (7) The provisions of this regulation apply without prejudice to any rule of law, which authorises or requires the withholding of any relevant record or any part thereof on the ground that the disclosure of it would be injurious to the public interest. (8) In this regulation— “airborne image recording” means any image recording on a device fitted to an aircraft for the purposes of accident and incident investigation; “judicial proceedings” includes any proceedings before a court, tribunal or person having by law power to hear, receive and examine evidence on oath; “relevant court” in the case of judicial proceedings or an application for disclosure means the Supreme Court of St Helena; and “relevant record” means cockpit voice recordings and airborne image recordings, and any transcripts from such recordings, and those other records in the possession, custody or power of the Chief Inspector being— (a) all statements taken from persons by an Investigator or supplied to an Investigator in the course of the investigation, together with any notes or recordings of interviews; (b) all communications between persons having been involved in the operation of the aircraft; (c) medical or private information regarding persons involved in the accident or incident; (d) recordings and transcriptions of recordings from air traffic control units; (e) analysis of and opinions expressed about information, including flight recorder information, made by the accident investigation authority and accredited representatives in the investigation in relation to the accident or incident; and (f) the draft final report, except as mentioned in regulation 11(2). Release of evidence to owner 19. (1) This regulation applies where an aircraft, its contents or wreckage (“property”) is held by the AAIB in a hanger or other facility which is being used by the AAIB for the purposes of an investigation. 34 (2) Subject to paragraph (5), where any such property is no longer required for the purposes of the investigation the Chief Inspector must inform the owner of the property, by notice in writing, that it will be released to the owner at the place and on the date specified in the notice and in accordance with any other arrangements specified in the notice. (3) An owner on whom such a notice has been served, or the owner’s representatives, must collect the property in accordance with the arrangements specified in the notice (or in accordance with alternative arrangements that the owner has agreed in writing with the Chief Inspector), failing which— (a) the Chief Inspector may make arrangements for the destruction or disposal of the property; and (b) the reasonable costs of such destruction or disposal are recoverable from the owner. (4) A notice served under paragraph (2)— (a) must not specify a date for collection of the property earlier than one month beginning with the date upon which the notice was served; and (b) must include a warning that failure by the owner to collect the property by the date specified in the notice (or such other date that the owner agrees in writing with the Chief Inspector) will entitle the Chief Inspector to arrange for the destruction or disposal of the property and the reasonable costs of such destruction or disposal will be recoverable from the owner. (5) Where any property referred to in paragraph (1) is no longer required for the purposes of an investigation and the Chief Inspector is satisfied that a person, body or authority (other than the owner) is entitled (under statutory or common law powers that apply in St Helena) to collect that property for the purposes of another investigation and has confirmed their intention to do so— (a) paragraph (2) does not apply to that property; and (b) the Chief Inspector must release it to that person, body or authority and inform the owner of the property, by notice in writing, that it has been so released. (6) In this regulation “owner” means, in relation to an aircraft which is registered, the registered owner of the aircraft or, if the owner is deceased, the owner’s personal representatives. Service of notices and other documents 20. (1) Any notice or other document required or authorised by these Regulations to be served on any person may be served by— (a) delivering it to that person in person; (b) leaving it at that person’s proper address; or (c) sending it by post or by electronic means to that person’s proper address. (2) In the case of a body corporate, any such notice or document may be served on a director of that body or on any other office or employee of that body (“authorised person”) who is authorised to accept service of such notices or documents on its behalf. (3) For the purposes of this regulation, “proper address” means— (a) in the case of a body corporate or its director or authorised person— 35 (i) the registered or principal office of that body; or (ii) the email address of the secretary or clerk of that body, the director or the authorised person; (b) in any other case a person’s last known address, which includes an email address. Revocation 21. (1) The Civil Aviation (Investigation of Air Accidents and Incidents) Regulations, 2016,are revoked. (2) Any investigation commenced under the Regulations revoked by paragraph (1), which has not been completed, continue as if it had been commenced under these Regulations. ________ NOTICE MADE BY THE GOVERNOR PURSUANT TO ARTICLES 4, 5, 7 and 74 OF THE AIR NAVIGATION (OVERSEAS TERRITORIES) ORDER 2013, AS AMENDED (S.I.2013/2870, S.I. 2014/2925, S.I. 2014/3281, S.I. 2015/1769) (a) This Notice is given pursuant to articles 4, 5, 7 and 74 of the Air Navigation (Overseas Territories) Order 2013, as amended (“the Order”). (b) Article 4 provides for the Governor to make regulations for prescribing anything that, under the provisions of the Order, is to be prescribed. (c) Article 5 provides for the Governor to publish or provide access to requirements which he considers relevant to determining his satisfaction in respect of certain matters before granting a certificate, licence or other document issued under the provisions of the Order. I hereby determine pursuant to article 5(3) of the Order that to publish such requirements in relation to aviation security would be, or would likely to be, detrimental to national security. Therefore in accordance with article 5(4) of the Order, I require Air Safety Support International Ltd (“ASSI”) to make available the document specified in paragraph (f) of this Notice only to persons who in the opinion of ASSI have need of the said document to promote compliance with its provisions and in such cases to make it available in such a manner and in such form as it sees fit, consistent with promoting compliance with the said document. (d) Article 7 provides, inter alia, for the Governor to issue such instructions as are necessary, requisite or expedient for carrying out the Chicago Convention and implementing any Annex thereto and any amendment to the Convention, or any such Annex made in accordance with the Convention, or generally for regulating and securing the safety of international air navigation. (e) Article 74 provides for the Governor to give instructions in respect of the operation, safety and security of aircraft and the safety and security of persons and property carried therein and in respect of the instruments and equipment to be installed therein or carried thereon. 36 (f) The following document as amended or updated from time to time shall constitute those prescriptions, instructions and requirements as aforesaid in relation to the matters specified: OTAR Part 178 Aviation Security. (g) This Notice shall have effect from 1st April 2015. Dated this 4th day of March, 2015 Mark Capes, Governor _____________________ OVERSEAS TERRITORIES AVIATION DIRECTION AIR NAVIGATION (OVERSEAS TERRITORIES) ORDER 2013 (UK SI 2013/2870) ARTICLE 7(2)(c) SEARCH AND RESCUE ORGANISATION AND FACILITIES PURPOSE In compliance with the requirements of the Convention on International Civil Aviation signed at Chicago on 7 December 1944 (the Chicago Convention) - in particular Annex 12 thereto - and of the requirements of the International Civil Aviation Organisation (ICAO), Article 7 of the Air Navigation (Overseas Territories) Order 2013 (as amended) requires His Excellency the Governor, on behalf of the United Kingdom as a Contracting State to the Chicago Convention, to make appropriate arrangements for the establishment and provision of search and rescue (SAR) services to civil aviation within an Overseas Territory. In recognition of the obligations of the United Kingdom – - As a Contracting State under the Chicago Convention; - Under the provisions of section 8(1) to the Civil Aviation Act 1949 as extended to the Overseas Territories by the Civil Aviation Act 1949 (Overseas Territories) Order 1969; - As a Contracting State under the International Convention on Maritime Search and Rescue signed at Hamburg on 27 April 1979 (as revised in May 1998 and May 2004) (the Hamburg Convention); - As a signatory to a Memorandum of Understanding for Cooperation made in 1999 between the Department of National Defence of Canada; the Department of Fisheries and Oceans of Canada; the United States Coast Guard; the United States Air Force; the United Kingdom Maritime and Coastguard Agency; the United Kingdom Civil Aviation Division of the Department for Transport; and the United Kingdom Ministry of Defence concerning Search and Rescue; - Under various Regional Search and Rescue Agreements and Plans and related Memorandums of Understanding or Agreement made pursuant thereto. I hereby give the following Direction: DIRECTION In accordance with the provisions of Article 7(2)(c) to the Air Navigation (Overseas 37 Territories) Order 2013 (as amended) (the Order) I, Dr Philip Rushbrook, as Governor of the Overseas Territory of St Helena, hereby Direct the Director of the St Helena Police Directorate: a) within the Territory and Territorial Waters to provide, or secure the provision of, a Search and Rescue (SAR) service for the benefit of civil aviation; and b) to ensure the availability of human resources, facilities and assets appropriate to the delivery of an effective SAR service in the Territory; and c) to ensure that assistance is rendered to aircraft and persons in distress in accordance with Article 25 to the Chicago Convention; and d) to coordinate such services with the relevant rescue co-ordination centre (RCC) from which SAR services are provided; and e) for these purposes to establish a SAR Committee; and f) for the above purposes to formulate and publish a SAR Plan; and g) for the fulfilment of the above purposes to establish and implement a training programme (including refresher training) for all personnel involved in the delivery of SAR provision. The said service shall be provided in accordance with— (a) The applicable provisions of Annex 12 to the Chicago Convention (as amended from time to time);
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Aviation Ordinance, 2015 — segment 3
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Aviation Ordinance, 2015 — segment 3
AI-assisted research summary: This part lists external search-and-rescue and aviation materials that apply, including the Hamburg Convention, regional SAR plans and agreements, the IAMSAR Manual, and OTAC SAR-1 circulars.
(b) The relevant and applicable provisions of the Hamburg Convention; (c) The relevant and applicable provisions of relevant Regional Search and Rescue Plans and any related Memoranda of Agreement made under such plans; (d) The relevant and applicable provisions of Volumes I and II to the Aeronautical and Maritime Search and Rescue (IAMSAR) Manual (as revised from time to time); (e) The provisions of any Overseas Territories Aviation Circular (OTAC SAR-1) as published from time to time by Air Safety Support International (ASSI). Given under my hand this 10th day of January 2020. Philip Rushbrook Governor of St Helena _______________________
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Aviation Ordinance, 2015
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