ICAO/Accident Investigation Authority
Accident Investigation Authority
Each Member State of the International Civil Aviation Organisation (ICAO) must establish an Accident investigation authority in accordance with ICAO Annex 13.
This article includes some extracts from Annex 13 which explain the role of an Accident investigation authority, and lists the Accident investigation authorities relevant to the ICAO Annex 13 Safety Investigation for MH370.
Background
Most countries are members of the ICAO.
It is a requirement of ICAO Annex 13 that each member State create an Accident investigation authority which is both Independent and separate from the State's Judicial authority, as described in more detail below:-
Independence of the Accident investigation authority
Annex 13 Section 3.2 states that a 'State shall establish an accident investigation authority that is independent from State aviation authorities and other entities that could interfere with the conduct or objectivity of an investigation'.
Separation from Judicial Authority
The Objective of an investigation by the Accident investigation authority 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'. (Annex 13 Section 3.1)
By contrast, the aim of a Judicial investigation into an aircraft accident would be to determine who was responsible and whether those person(s) should face criminal charges.
Therefore, Annex 13 Section 5.4.1 requires that 'Any investigation conducted in accordance with the provisions of this Annex shall be separate from any judicial or administrative proceedings to apportion blame or liability'.
However, Annex 13 Section 5.4.4, recommends that 'A State should ensure cooperation between its accident investigation authority and judicial authorities so that an investigation is not impeded by administrative or judicial investigations or proceedings.
This cooperation may be achieved by legislation, protocols, agreements or other arrangements.
Accident investigation authorities and MH370
Air Accident Investigation Bureau (Malaysia)
The Air Accident Investigation Bureau (Malaysia) produced the Preliminary Report following the disappearance of flight MH370. However, instead of naming the AAIB, the Report indicates it was produced by The Office of the Chief Inspector of Air Accidents, Ministry of Transport, Malaysia.
The Malaysian ICAO Annex 13 Safety Investigation Team for MH370
A total of seven Accident investigation authorities were represented on the The Malaysian ICAO Annex 13 Safety Investigation Team for MH370. These are identified by Country, below:-
- Australia
- Australian Transport Safety Bureau (ATSB)
- United Kingdom
- Air Accidents Investigation Branch (AAIB)
- Singapore
- Transport Safety Investigation Bureau (TSIB) of Singapore (formerly Air Accident Investigation Bureau (AAIB))
- France
- Bureau d'Enquêtes et d'Analyses pour la Sécurité de l'Aviation civile (BEA)
- People's Republic of China
- Civil Aviation Administration of China (CAAC)
- United States of America
- National Transportation Safety Board (NTSB)
- Indonesia
- National Transportation Safety Committee (NTSC)
Some Relevant Definitions (from ICAO Annex 13)
- Accident investigation authority.
- The authority designated by a State as responsible for aircraft accident and incident investigations within the context of this Annex.
- Accredited representative.
- A person designated by a State, on the basis of his or her qualifications, for the purpose of participating in an investigation conducted by another State. Where the State has established an accident investigation authority, the designated accredited representative would normally be from that authority.
- Safety recommendation.
- 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. In addition to safety recommendations arising from accident and incident investigations, safety recommendations may result from diverse sources, including safety studies.