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.
The Accident investigation authority
Note.— Guidance on the independence of an accident investigation authority is contained in the Manual of Aircraft Accident and Incident RESPONSIBILITY OF THE STATE CONDUCTING THE INVESTIGATION Note.— Nothing in the following provisions is intended to preclude the State conducting the investigation from calling upon the best technical expertise from any source. 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 normally include: a) the gathering, recording and analysis of all relevant information on that accident or incident; Chapter 5 Annex 13 — Aircraft Accident and Incident Investigation 5-3 10/11/16 b) the protection of certain accident and incident investigation records in accordance with 5.12; c) if appropriate, the issuance of safety recommendations; d) if possible, the determination of the causes and/or contributing factors; and e) the completion of the Final Report. Where feasible, the scene of the accident shall be visited, the wreckage examined and statements taken from witnesses. The extent of the investigation and the procedure to be followed in carrying out such an investigation shall be determined by the accident investigation authority, depending on the lessons it expects to draw from the investigation for the improvement of safety. 5.4.1 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. Note.— Separation can be achieved by the investigation being conducted by State accident investigation authority experts, and any judicial or administrative proceedings being conducted by other appropriate experts. Coordination, as per 5.10, between the two processes would likely be required at the accident site and in the gathering of factual information, with due consideration to the provisions in 5.12. 5.4.2 Recommendation.— The accident investigation autho
Definitions (from 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.