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the Council Resolution of 14 December 1967 on Nationality
and Registration of Aircraft Operated by International
Operating Agencies which can be found in Policy and
Guidance Material on the Economic Regulation of International
Air Transport (Doc 9.587).
CHAPTER 2. APPLICABILITY
2.1 Unless otherwise stated, the specifications in this
Annex apply to activities following accidents and incidents
wherever they occurred.
Note.- The application of this specijcation with respect to
accidents or serious incidents occurring in the territory of a
non-Contracting State, in an area of undetermined sovereignty
or on the high seas is addressed in 5.2 and 5.3.
2.2 In this Annex the specifications concerning the State
of the Operator apply only when an aircraft is leased, chartered
or interchanged and when that State is not the State of Registry
and if it discharges, in respect of this Annex, in part or in
whole, the functions and obligations of the State of Registry.
ANNEX 13
CHAPTER 3.
Note.- Guidance material relating to the rights and
obligations of the State of the Operator in respect of accidents
and incidents involving leased, chartered or interchanged
aircraft is provided in Attachment A.
OBJECTIVE OF THE INVESTIGATION
3.1 The sole objective of the investigation of an accident
or incident shall be the prevention of accidents and incidents.
It is not the purpose of this activity to apportion blame or
liability.
PROTECTION OF EVIDENCE, CUSTODY AND
REMOVAL OF AIRCRAFT
RESPONSIBILITY OF THE STATE
OF OCCURRENCE
General
3.2 The State of Occurrence shall take all reasonable
measures to protect the evidence and to maintain safe custody
of the aircraft and its contents for such a period as may be
necessary for the purposes of an investigation. Protection of
evidence shall include the preservation, by photographic or
other means of any evidence which might be removed,
effaced, lost or destroyed. Safe custody shall include protection
against further damage, access by unauthorized persons,
pilfering and deterioration.
Note 1.- Control over the wreckage is dealt with in 5.6.
GENERAL
Note 2.- Protection of flight recorder evidence requires
that the recovery and handling of the recorder and its
recordings be assigned only to qualijied personnel.
Request from State of Registry, State of the Operator,
State of Design or State of Manufacture
3.3 If a request is received from the State of Registry, the
State of the Operator, the State of Design or the State of
Manufacture that the aircraft, its contents, and any other
evidence remain undisturbed pending inspection by an
accredited representative of the requesting State, the State of
Occurrence shall take all necessary steps to comply with such
request, so far as this is reasonably practicable and compatible
with the proper conduct of the investigation; provided that the
aircraft may be moved to the extent necessary to extricate
persons, animals, mail and valuables, to prevent destruction by
fire or other causes, or to eliminate any danger or obstruction
to air navigation, to other transport or to the public, and
provided that it does not result in undue delay in returning the
aircraft to service where this is practicable.
Release from custody
3.4 Subject to the provisions of 3.2 and 3.3, the State of
Occurrence shall release custody of the aircraft, its contents or
any parts thereof as soon as they are no longer required in the
investigation, to any person or persons duly designated by the
State of Registry or the State of the Operator, as applicable.
For this purpose the State of Occurrence shall facilitate access
to the aircraft, its contents or any parts thereof, provided that,
if the aircraft, its contents, or any parts thereof lie in an area
within which the State finds it impracticable to grant such
access, it shall itself effect removal to a point where access can
be given.
ANNEX 13
CHAPTER 4. NOTIFICATION
Note 1.- Attachment B provides a notification and
reporting checklist.
Note 2.- A list of addresses of aircraft accident and
incident investigation authorities can be found in the Manual
of Aircraft Accident and Incident Investigation, Part I -
Organization and Planning (Doc 97.56) and on the ICAOIAIG
web site when it becomes available.
ACCIDENTS OR SERIOUS INCIDENTS IN
THE TERRITORY OF A CONTRACTING STATE TO
AIRCRAFT OF ANOTHER CONTRACTING STATE
RESPONSIBILITY OF THE STATE
OF OCCURRENCE
Forwarding
4.1 The State of Occurrence shall forward a notification
of an accident or serious incident with a minimum of delay
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附件13-航空器事故和事故征候调查(10)
