INVESTIGATION OF AIR ACCIDENTS AND INCIDENTS g S.L.232.03 1
SUBSIDIARY LEGISLATION 232.03
CIVIL AVIATION (INVESTIGATION OF AIR 
ACCIDENTS AND INCIDENTS) REGULATIONS
1st October, 2002
LEGAL NOTICE 135 of 2002.
Citation.
(Investigation of Air Accidents and Incidents) Regulations.
Interpretation.
requires -
"accident" means an occurrence associated with the operation of
an aircraft which takes place between the time any person boards
the aircraft with the intention of flight until such time as all such
persons have disembarked, in which -
( a ) a person suffers a fatal or serious injury as a result of-
- being in or upon the aircraft,
- direct contact with any part of the aircraft,
including parts which have become detached
from the aircraft, or
-  direct exposure to jet blast,
except when the injuries are from natural causes, self-
inflicted or 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-
- adversely affects the structural strength,
performance or flight  characteristics of the
aircraft, and
- would normally require major repair or
replacement of the affected component,
except for engine failure or damage, when the damage
is limited to the engine, its cowlings or accessories; or
for damage limited to propellers, wing tips, antennas,
tyres, brakes, fairings, small dents or puncture holes in
the aircraft skin; or
( c ) the aircraft is missing or is completely inaccessible;
"aerodrome operator" means the person by whom the aerodrome
is managed;
"the Annex" means Annex 13 to the Chicago Convention;
"causes" means actions, omissions, events or conditions, or a
combination thereof, which led to the accident or incident;
"Chief Inspector" means the Chief Inspector of Air Accidents
appointed under regulation 8;
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"commander" in relation to an aircraft means the member of the
flight crew designated as commander of that aircraft by the
operator thereof, or failing such a person, the person who is for the
time being the pilot in command of the aircraft;
"Contracting State" means any State (including Malta) which is
party to the Chicago Convention;
"crew" includes every person employed or engaged in an aircraft
in flight on the business of the aircraft;
"fatal injury" means an injury which is sustained by a person in
an accident and which results in his death within thirty days of the
date of the accident;
"flight recorder" means any type of recorder installed in the
aircraft for the purpose of facilitating accident/incident
investigations;
"incident" means an occurrence, other than an accident,
associated with the operation of an aircraft which affects or would
affect the safety of operation;
"inspector" means a person appointed as an Inspector of Air
Accidents under regulation 8;
"investigating inspector" means an inspector carrying out an
investigation pursuant to these regulations;
"investigation" means a process conducted for the purpose of
accident and incident prevention which includes the gathering and
analysis of information, the drawing of conclusions, including the
determination of the cause and, or, causes and, when appropriate,
the making of safety recommendations;
"Minister" means the Minister responsible for civil aviation and,
to the extent of the authority given, any person authorised in that
behalf by such Minister;
"operator" means any person, body or undertaking operating or
proposing to operate one or more aircraft.
"owner", where an aircraft is registered, means the registered
owner;
"pilot in command" in relation to an aircraft means a person who
for the time being is in charge of the piloting of the aircraft without
being under the direction of any other pilot in the aircraft;
"relevant record" means any item in the possession, custody or
power of the Minister which is of a kind referred to in sub-
paragraphs ( a ) to ( e ) of paragraph 5.12 of the Annex;
"safety recommendation" means any proposal by the
investigating inspector conducting the technical investigation,
based on information derived from that investigation, made with
the intention of preventing accidents and incidents;
"serious incident" means an incident involving circumstances
indicating that an accident nearly occurred;
"serious injury" means an injury which is sustained by a person
in an accident and which -
INVESTIGATION OF AIR ACCIDENTS AND INCIDENTS g S.L.232.03 3
( a ) requires hospitalisation for more than forty-eight
hours, commencing within seven days from the date
the injury was received; or
( b ) results in a fracture of any bone (except simple
fractures of fingers, toes, or nose); or
( c ) involves lacerations which cause severe haemorrhage,
nerve, muscle or tendon damage; or
( d ) involves injury to any internal organ; or
( e ) involves second or third degree burns, or any burns
affecting more than five per cent of the body surface;
or
( f ) involves verified exposure to infectious substances or
harmful radiation;
"undertaking" means any natural person, any legal person,
whether profit-making or not, or any official body whether having
its own legal personality or not.
(2) Any notice or other document required or authorised by
any provision of these regulations to be served on or given to any
person may be served or given - 
( a ) by delivering it to that person;
( b ) by leaving it at his usual or last-known residence or
place of business, whether in Malta or elsewhere;
( c ) by sending it to him by post at that address; or
( d ) by sending it to him at that address by telex, by
facsimile transmission or other similar means which
produce a document containing a text of the
communication, in which event the document shall be
regarded as served when it is received.
Applicability.
incidents.
Purpose of the 
investigation of 
accidents and 
incidents.
4. The sole objective of the investigation of an accident or
incident under these regulations shall be the prevention of
accidents and incidents. It shall not be the purpose of such an
investigation to apportion blame or liability.
Duty to furnish 
information 
relating to 
accidents and 
incidents.
5. (1) Where an accident or serious incident occurs in respect
of which, by virtue of regulation 8(3), the Chief Inspector is
required to carry out, or to cause an inspector to carry out, an
investigation, the relevant person and, in the case of an accident or
a serious incident occurring on or adjacent to an aerodrome, the
aerodrome operator shall forthwith give notice thereof to the Chief
Inspector by the quickest means of communication available and,
in the case of an accident occurring in or over Malta, shall also
notify forthwith a police officer for the area where the accident
occurred of the accident and of the place where it occurred.
(2) In this regulation the expression "relevant person" means -
( a ) in the case of an accident or serious incident occurring
in or over Malta or occurring elsewhere to an aircraft
registered in Malta, the commander of the aircraft
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involved at the time of the accident or serious incident
or, if he be killed or incapacitated, the operator of the
aircraft; and
( b ) in the case of a serious incident occurring in or over
any country or territory other than a Contracting State
to an aircraft registered elsewhere than in Malta but
operated by an undertaking established in Malta, that
undertaking.
(3) The notice to the Chief Inspector referred to in sub-
regulation (1) shall contain as much of the following information as
is available:
( a ) in the case of an accident, the identifying abbreviation
"ACCID" or, in the case of a serious incident, the
identifying abbreviation "INCID";
( b ) the type, model and the nationality and registration
marks of the aircraft;
( c ) the name of the owner, operator and hirer (if any) of
the aircraft;
( d ) the name of the commander of the aircraft;
( e ) the date and Co-ordinated Universal Time of the
accident or serious incident;
( f ) the last point of departure and the next point of
intended landing of the aircraft;
( g ) the position of the aircraft by 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 them 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 them killed or
seriously injured as a result of the accident;
(iii) in the case of an accident, other persons killed or
seriously injured as a result of the accident;
(iv) the nature of the accident or serious incident and
the extent of the damage to the aircraft as far as
is known.
(4) Where an incident, other than a serious incident, takes
place- 
( a ) in or over Malta, or
( b ) otherwise than in or over Malta to an aircraft
registered in Malta,
the owner, operator, commander or hirer of the aircraft shall, if so
required by notice given to him by the Chief Inspector, send to the
Chief Inspector such information as is in his possession or control
with respect to the incident in such times as may be specified in the
INVESTIGATION OF AIR ACCIDENTS AND INCIDENTS g S.L.232.03 5
notice.
Publication of 
information.
6. Subject to the provisions of regulations 11(4)(b) and 18,
the Chief Inspector may at any time publish, or cause to be
published, information relating to an accident or incident whether
or not such accident or incident is the subject of an investigation by
an inspector.
Removal of 
damaged aircraft.
7. (1) Subject to sub-regulation (2) and regulation 9, where
an accident, or a serious incident which results in the withdrawal
from service of an aircraft, occurs in or over Malta no person other
than an authorised person shall have access to the aircraft involved
and neither the aircraft nor its contents shall, except under the
authority of the Minister, be removed or otherwise interfered with.
(2) ( a ) The aircraft may be removed or interfered with so far
as may be necessary for the purpose of -
(i) extricating persons or animals;
(ii) removing any mail, valuables or dangerous
goods carried by the aircraft;
(iii) preventing destruction by fire or other cause;
(iv) preventing any danger or obstruction to the
public, air navigation or other transport;
(v) removing any other property from the aircraft
under the supervision of an inspector or with the
agreement of an inspector or of a police officer.
( b ) If an aircraft is wrecked on water, the aircraft or any of
its contents may be removed to such extent as may be
necessary for bringing it or them to a place of safety.
(3) In this regulation the expression "authorised person"
means-
( a ) any person authorised by the Minister either generally
or specially to have access to any aircraft involved in
an accident or serious incident;
( b ) any officer of police;
( c ) any Customs officer.
Inspectors of Air 
Accidents.
8. (1) For the purpose of carrying out investigations into
accidents and incidents to which these regulations apply, the
Minister shall appoint persons as Inspectors of Air Accidents, one
of whom shall be appointed by the Minister as Chief Inspector of
Air Accidents.
(2) Subject to sub-regulations (4) and (5), the Chief Inspector
shall carry out, or cause an inspector to carry out, an investigation
into -
( a ) accidents and serious incidents which occur in or over
Malta;
( b ) accidents and serious incidents which occur in or over
any country or territory which is not a Contracting
State to aircraft registered in Malta when such an
investigation is not carried out by another State;
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( c ) serious incidents which occur in or over any country or
territory which is not a Contracting State to aircraft
which are registered elsewhere than in Malta but
which are operated by an undertaking established in
Malta when such an investigation is not carried out by
another State; and
( d ) accidents and serious incidents to aircraft registered in
Malta in the circumstances described in paragraph 5.3
of the Annex.
(3) Subject to paragraphs (4) and (5), the Chief Inspector may,
when he expects to draw air safety lessons from it, carry out, or
cause an inspector to carry out, an investigation into an incident,
other than a serious incident, which occurs -
( a ) in or over Malta; or
( b ) otherwise than in or over Malta to an aircraft
registered in Malta.
(4) The Chief Inspector may delegate the task of carrying out
an investigation into an accident or an incident to another
Contracting State in accordance with paragraphs 5.1, 5.1.1 or 5.3 of
the Annex.
(5) Where the Chief Inspector delegates the task of carrying out
an investigation pursuant to sub-regulation (4), he shall so far as he
is able facilitate inquiries by the investigator appointed by the
relevant State.
(6) The Chief Inspector may carry out, or cause an inspector to
carry out, an investigation into an accident or incident where the
task of carrying out the investigation has been delegated to Malta
by another Contracting State in accordance with paragraphs 5.1,
5.1.1 or 5.3 of the Annex.
(7) Without prejudice to the power of an inspector to seek such
advice or assistance as he may deem necessary in making an
investigation, the Minister may at the request of the Chief Inspector
appoint persons to assist an inspector in a particular investigation
and such persons shall for the purpose of so doing have such of the
powers of an inspector under these regulations as may be specified
in their appointment.
(8) The Chief Inspector may arrange for any of his powers and
obligations under these regulations to be performed on his behalf
by an inspector designated by him to be his deputy.
(9) In any case where the Chief Inspector causes more than one
inspector to carry out an investigation he shall nominate one of
them to be in overall charge of the investigation.
Powers of 
inspectors.
9. (1) For the purpose of enabling him to carry out an
investigation into an accident or incident in the most efficient way
and within the shortest time, an investigating inspector is hereby
authorised to -
( a ) have free access to the site of the accident or incident
as well as to the aircraft, its contents or its wreckage;
INVESTIGATION OF AIR ACCIDENTS AND INCIDENTS g S.L.232.03 7
( b ) ensure an immediate listing of evidence and controlled
removal of debris, or components for examination or
analysis purposes;
( c ) have immediate access to and use of the contents of
the flight recorders and any other recordings;
( d ) have access to the results of examination of the bodies
of victims or of tests made on samples taken from the
bodies of victims;
( e ) 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;
( f ) examine witnesses; and
( g ) 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 or airport operation.
(2) For the purpose of sub-regulation (1) an investigating
inspector shall have power -
( a ) by summons under his hand to call before him and
examine all such persons as he thinks fit, to require
such persons to answer any question or furnish any
information or produce any books, papers, documents
and articles which the investigating inspector may
consider relevant and to retain any such books, papers,
documents and articles until the completion of the
investigation;
( b ) to take statements from all such persons as he thinks
fit and to require any such person to make and sign a
declaration of the truth of the statement made by him;
( c ) on production if required of his credentials, to enter
and inspect any place, building or aircraft the entry or
inspection whereof appears to the investigating
inspector to be requisite for the purposes of the
investigation;
( d ) on production if required of his credentials, 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 inspector requisite for the purposes of
the investigation, and
( e ) to take such measures for the preservation of evidence
as he considers appropriate.
(3) Every person summoned by an investigating inspector
under sub-regulation (2)( a ) shall be allowed such expenses as the
Minister may determine.
Form and conduct 
of investigations.
10. The extent of investigations and the procedure to be
followed in carrying out investigations required or authorised under
these regulations shall be determined by the Chief Inspector taking
account of the purpose described in regulation 4 and the lessons he
8 g S.L.232.03 INVESTIGATION OF AIR ACCIDENTS AND INCIDENTS
expects to draw from the accident or incident for the improvement
of safety.
Inspector’s report. 11. (1) On completion of an investigation into an accident or
incident, the investigating inspector shall prepare a report of the
investigation in a form appropriate to the type and seriousness of
the accident or incident.
(2) If it appears to the investigating inspector that the
investigation of any accident or incident -
( a ) involving a collision between a civil aircraft and a
military aircraft, or
( b ) occurring while a civil aircraft was on, or in the course
of taking off from or landing on, an aerodrome
controlled by the naval, military or air forces of any
country,
has been completed but for the investigation of matters affecting
the discipline or internal administration of any of those forces
which are more appropriate for the investigation by some other
person or body, the investigation may be treated for the purposes of
sub-regulation (1) as if it had been completed without such matters
being investigated under these regulations.  In such a case the
report of the investigation into the accident or incident shall state
those matters to which the investigation has not extended by reason
of this sub-regulation.
(3) The report of an investigation into an accident shall state
the sole objective of the investigation as described in regulation 4
and, where appropriate, contain safety recommendations.
(4) The report of an investigation into an incident shall -
( a ) where appropriate, contain relevant safety
recommendations;
( b ) protect the anonymity of the persons involved in the
incident; and
( c ) be circulated by the investigating inspector to the
parties likely to benefit from its findings with regard to
safety.
(5) A safety recommendation shall in no case create a
presumption of blame or liability for an accident or incident.
(6) The Chief Inspector shall submit a copy of every report
prepared pursuant to sub-regulation (1) to the Minister without
delay.
(7) In this regulation the expression "investigating inspector"
in a case where more than one inspector is carrying out the task of
investigation means the inspector nominated under regulation 8(9).
Notice of 
inspector’s report 
and representations 
thereon.
12. (1) No report which is required by regulation 13 to be
published shall be so published if, in the investigating inspector’s
opinion, it is likely to affect adversely the reputation of any person,
until the investigating inspector has -
( a ) where it appears to him to be practicable so to do,
INVESTIGATION OF AIR ACCIDENTS AND INCIDENTS g S.L.232.03 9
served a notice under this regulation upon that person,
or if that person is a deceased individual, upon the
person who appears to him, at the time he proposes to
serve notice pursuant to this sub-regulation, to
represent best the interest of the deceased in the
matter; and
( b ) made such changes to the report as he thinks fit
following his consideration of any representations
which may be made to him in accordance with sub-
regulation (3) by or on behalf of the person served
with such notice.
(2) The notice referred to in sub-regulation (1)( a ) shall include
particulars of any proposed analysis of facts and conclusions as to
the cause or causes of the accident or incident which may effect the
person on whom or in respect of whom the notice is served.
(3) Any representations made pursuant to sub-regulation (1)( b )
shall be in writing and shall, subject to sub-regulation (6), be
served on the investigating inspector within twenty-eight days of
service of the notice referred to in sub-regulation (1)( a ).
(4) A copy of the report submitted to the Minister under
regulation 11(6) shall be served by the investigating inspector on
any person who has been served with a notice pursuant to sub-
regulation (1).
(5) No person shall disclose or permit to be disclosed any
information contained in a notice or report served on him pursuant
to sub-regulations (1) or (4) to any other person without the prior
consent in writing of the Chief Inspector.
(6) The Chief Inspector shall have power to extend the period
of twenty-eight days prescribed in sub-regulation (3) and this
power shall be exercisable notwithstanding that that period has
expired.
(7) In this regulation the expression "investigating inspector"
in a case where more than one inspector is carrying out the task of
investigation means the inspector nominated under regulation 8(9).
Publication of 
reports.
13. Subject to regulation 12(1), the Chief Inspector shall cause
the report of an investigation into an accident or incident, other
than an incident the investigation of which has been delegated to
Malta by another State, to be made public in the shortest time
possible (and, if possible, within twelve months of the date of the
accident or serious incident) and in such manner as he thinks fit.
Safety 
recommendations.
14. (1) The Chief Inspector shall cause the reports referred to
in regulation 13, including those not required to be published and
including the safety recommendations contained therein, to be
communicated to the undertakings or national aviation authorities
concerned.
(2) Any undertaking or authority to which a safety
recommendation is communicated pursuant to sub-regulation (1)
shall, without delay -
( a ) take that recommendation into consideration and,
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where appropriate, act upon it;
( b ) send to the Minister -
(i) full details of the measures, if any, it has taken
or proposes to take to implement the
recommendation and, in case 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;
( c ) give notice to the Minister if at any time any
information provided to the Minister in pursuance of
paragraph ( b )(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) The Chief Inspector  may cause the investigation of
any accident or incident to be reopened and shall do so -
( a ) if, after the completion of the investigation, evidence
has been disclosed which is in his opinion both new
and important; or
( b ) if for any other  reason there is in his opinion ground
for suspecting that the reputation of any person has
been unfairly and adversely affected.
(2) Any investigation reopened shall be subject to and
conducted in accordance with the provisions of these regulations.
Accredited 
representatives.
16. (1) Where an investigation of an accident or serious
incident is being carried out by an investigating inspector pursuant
to regulation 8, an accredited representative appointed by -
( a ) the State of registry;
( b ) the State of design;
( c ) the State of the manufacturer;
( d ) the State of the operator;
( e ) a Contracting  State which has, on request, furnished
information, facilities or experts to the investigating
inspector in connection with the accident or serious
incident,
may take part in the investigation, that is to say, he shall be
permitted to visit the scene of the accident, examine the wreckage,
question witnesses, receive copies of all pertinent document
(saving all such just exceptions as may be determined by the
investigating inspector), have access to all relevant evidence and
make submissions; and he may be accompanied by such technical
and other advisers as may be considered necessary by the
authorities of the country or territory by which he is appointed.
(2) In this regulation the expressions "accredited
representative", "State of registry", "State of design", "State of
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manufacture" and "State of the operator" have the meanings given
to them by Chapter 1 of the Annex and the expression
"investigating inspector" in a case where more than one inspector is
carrying out the task of investigation means the inspector
nominated under regulation 8(9).
Obstruction of 
investigation.
17. (1) No person shall obstruct or impede an inspector or any
person acting under the authority of the Minister in the exercise of
any powers or duties under these regulations.
(2) No person shall without reasonable excuse fail, after having
had the expenses (if any) to which he is entitled under these
regulations tendered to him, to comply with any summons of an
inspector holding an investigation.
Disclosure of 
relevant records.
18  . (1) Subject to sub-regulations (2), (4), (5) and (6), no
relevant record shall be made available by the Minister to any
person for purposes other than accident or incident investigation.
(2) Nothing in sub-regulation (1) shall preclude the Minister
making a relevant record available to any person where in a case
where that person is a party to or otherwise entitled to appear at
judicial proceedings, the court has ordered that the relevant record
shall be made available to him for the purpose of those
proceedings.
(3) Subject to sub-regulation (5) no order shall be made under
sub-regulation (2) unless the court is satisfied that the interests of
justice in the judicial proceedings in question outweigh any adverse
domestic and international impact which disclosure may have on
the investigation into the accident or incident to which the record
relates or any future accident or incident investigation undertaken
in Malta.
(4) A relevant record or part thereof shall not be treated as
having been made available contrary to sub-regulation (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 incident.
(5) The provisions of this regulation shall be without prejudice
to any rule of law which authorises or requires the withholding of
any relevant record or part thereof on the ground that the disclosure
of it would be injurious to the public interest.
Saving.
(Investigation of Air Accidents) Regulations (revoked by these
Regulations) which, in the case of a field investigation has not been
completed or, in the case of a formal investigation has not been the
subject of a  report submitted to the Minister, shall continue as if it
had been commenced under these Regulations.
