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institute and conduct an investigation in cooperation with the
State of Occurrence but, failing such cooperation, should itself
conduct an investigation with such information as is available.
ACCIDENTS OR INCIDENTS
OUTSIDE THE TERRITORY OF ANY STATE
State of Occurrence
5.1 The State of Occurrence shall institute an investigation
into the circumstances of the accident and be responsible
for the conduct of the investigation, but it may delegate
the whole or any part of the conducting of such investigation
to another State by mutual arrangement and consent. In any
event the State of Occurrence shall use every means to
facilitate the investigation.
5.1.1 Recommendation.- The State of Occurrence
should institute an investigation into the circumstances of a
serious incident. Such a State may delegate the whole or any
part of the conducting of such investigation to another State by
mutual arrangement and consent. In any event the State of
Occurrence should use every means to facilitate the
investigation.
Note I.- The above provision does not exclude other
already existing types of investigation of incidents (serious or
not) by other organizations.
Note 2.- When the whole investigation is delegated to
another State, such a State is expected to be responsible for the
conduct of the investigation, including the issuance of the
Final Report and the ADREP reporting. When a part of the
investigation is delegated, the State of Occurrence usually
retains the responsibility for the conduct of the investigation.
ACCIDENTS OR INCIDENTS
IN THE TERRITORY OF A
NON-CONTRACTING STATE
State of Registry
5.2 Recommendation.- When the accident or the
serious incident has occurred in the territory of a
non-Contracting State which does not intend to conduct an
investigation in accordance with Annex 13, the State of
State of Registry
5.3 When the location of the accident or the serious
incident cannot definitely be established as being in the
territory of any State, the State of Registry shall institute and
conduct any necessary investigation of the accident or serious
incident. However, it may delegate the whole or any part of
the investigation to another State by mutual arrangement and
consent.
5.3.1 States nearest the scene of an accident in
international waters shall provide such assistance as they are
able and shall, likewise, respond to requests by the State of
Registry.
5.3.2 Recommendation.- If the State of Registry is a
non-Contracting State which does not intend to conduct an
investigation in accordance with Annex 13, the State of the
Operator or; failing that, the State of Design or the State of
Manufacture should endeavour to institute and conduct an
investigation. However; such a State may delegate the whole or
any par1 of the investigation to another State by mutual
arrangement and consent.
ORGANIZATION AND CONDUCT
OF THE INVESTIGATION
Note.- The Manual of Aircraft Accident Investigation
(Doc 6920) cotztains gitidance material for the organization,
conduct and control of an investigation.
RESPONSIBILITY OF THE STATE
CONDUCTING THE INVESTIGATION
Note.- Nothing in the following provisions is intended to
preclllde the State cor~ditctit~tgh e investigation from calling
irpon the best technical expertise from any source.
ANNEX 13 5-1 1/11/01
Annex 13 - Aircraft Accident and Incident Investigation Chapter 5
General
5.4 The accident investigation authority shall have
independence in the conduct of the investigation and have
unrestricted authority over its conduct, consistent with the
provisions of this Annex. The investigation shall include:
a) the gathering, recording and analysis of all available
information on that accident or incident;
b) if appropriate, the issuance of safety recommendations;
c) if possible, the determination of the causes; and
d) the completion of the final report.
When possible, the scene of the accident shall be visited, the
wreckage examined and statements taken from witnesses.
5.4.1 Recommendation.- Any judicial or administrative
proceedings to apportion blame or liability should be
separate from any investigation conducted under the
provisions of this Annex.
Investigator-in-charge - Designation
5.5 The State conducting the investigation shall designate
the investigator-in-charge of the investigation and shall initiate
the investigation immediately.
Investigator-in-charge - Access and control
5.6 The investigator-in-charge shall have unhampered
access to the wreckage and all relevant material, including
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附件13-航空器事故和事故征候调查(13)
