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ARRANGEMENT OF REGULATIONS
PART 1—NOTIFICATION OF ACCIDENTS
Regulation
1. Accidents to be notified
2. Making of notification
3. Persons liable to notify
4. Report on other accidents
5. Removal and preservation of
aircraft
6. Owner may be present.
PART II — INVESTIGATION OF
ACCIDENTS
7. Investigation by Inspector
8. Conduct of Investigation
9. Report of Investigation
10. Powers of Inspector
11. Accidents to foreign
registered aircraft
12. Re-opening of investigation on
fresh evidence
PART III — GENERAL
13. Obstruction of Inspector
14. Fees for assistance,
witnesses, etc.
15. Interpretation
16. Savings
IN exercise of the powers
conferred on the Hon. Minister of
Transport and Communications by
Section 29 of the Ghana Civil
Aviation Authority Law, 1986
P.N.D.C L. 151 these regulations
are made this day of February,
1996.
PART I—NOTIFICATION OF ACCIDENTS
Regulation 1—Accidents to be
Notified.
(1) An accident shall be notified
in accordance with regulation 2
if, between the time when any
person boards an aircraft with the
intention of flight and such time
as all persons have disembarked
therefrom:—
(a) any person suffers death or
serious injury while in or upon
the aircraft or by contact with
the aircraft or anything attached
thereto; or
(b) the aircraft receives
substantial damage.
(2) This regulation shall only
apply to accidents arising out of
or in the course of air navigation
which occur to civil aircraft in
or over Ghana, or elsewhere to
civil aircraft registered in
Ghana.
Regulation 2—Making of
Notification.
(1) Where an accident occurs which
is required to be notified under
regulation 1, the person liable to
notify the accident shall within
twenty-four hours of the
occurrence of the accident give
notice thereof in accordance with
this regulation:—
(a) to the Director-General of
Ghana Civil Aviation Authority and
(b) where the accident occurs in
or over Ghana, to the police
officer in charge of the police
station nearest to the scene of
the accident.
(2) The notification to the
Director-General of Ghana Civil
Aviation Authority shall contain
the following information:—
(a) the type, nationality and
registration marks of the
aircraft;
(b) the name of the owner,
operator and hirer of the
aircraft;
(c) the name of the person in
command of the aircraft;
(d) the names and description of
the crew of the aircraft;
(e) the nature and purpose of the
flight;
(d) the place where the accident
occurred;
(e) the date and time of the
accident
(h) the last point of departure
and the next point of intended
landing of the aircraft;
(i)
the nature of the accident;
(j) the number and the
description of persons killed and
injured as a result of the
accident;
(k) the extent of known damage to
the aircraft; and
(1) the nature of cargo on board
the aircraft
(3) The notification to the police
shall include information as to
the nature of the accident, the
place where it occurred, and the
estimated extent of the injury to
persons and damage to property
caused by the accident.
Regulation 3—Persons Liable to
Notify.
For the purpose of regulation 2,
the person liable to notify the
accident shall be the person in
command of the aircraft involved
at the time of the accident, or,
if he is killed or incapacitated,
then the owner, operator, hirer or
other person on whose behalf he
was in command of the aircraft.
Regulation 4—Report on other
Accidents.
The persons in command or the
owners of an aircraft which has
been involved in an accident
whether or not it is required to
be notified under these
Regulations, shall, if so required
by the Director-General of Ghana
Civil Aviation Authority submit to
him a written report on such
accident in such form as he may
prescribe.
Regulation 5—Removal and
Preservation of Aircraft.
(1) In the case of an accident
which is required to be notified
under these Regulations, or in any
other case where the
Director-General of Ghana Civil
Aviation Authority gives notice to
the owner or other persons in
charge of the aircraft to that
effect, the aircraft shall not be
removed or interfered with except
under the authority of the
Director-General or in accordance
with the following provisions of
this regulation.
(2) If the aircraft is wrecked on
water, the aircraft or any parts
or contents thereof may be removed
to such extent as may be necessary
for bringing it or them to a place
of safety.
(3) The aircraft or any parts or
contents thereof may be removed or
interfered with so far as may be
necessary for the purpose of
extricating persons or animals
dead or alive, of preventing the
destruction of the aircraft and
its contents by fire or other
cause or of preventing any damage
or obstruction to the public or to
the air navigation or to other
transport.
(4) Goods shall not be removed
from the aircraft except under the
supervision and with the
concurrence of a customs officer
or an officer of the Ghana Civil
Aviation Authority.
(5) The personal luggage of
passengers or crew may be removed
from the aircraft under the
supervision of the customs
officer, police officer, or an
officer of the Civil Aviation
Authority.
(6) Mails may be removed under the
supervision of a customs officer,
a police officer, or an officer of
the Ghana Civil Aviation Authority
or Posts and Telecommunications.
(7) The Director-General may for
the purpose of any investigation
ordered under these Regulations
authorise any person to take
measures to preserve the aircraft
and to have access to examine or
otherwise deal with the aircraft.
Regulation 6—Owner may be Present.
The owner or his nominated
representative shall have the
right to be present during any
examination or other action taken
under regulation 5, but the
Director-General shall not be
bound to postpone any action which
he may consider necessary under
regulation 5 by reasons of the
absence of the owner or his
representative.
PART II—INVESTIGATION OF ACCIDENTS
Regulation 7—Investigation by
Inspector.
(1) The Director-General of Ghana
Civil Aviation Authority may order
a private investigation into any
accident involving a civil
aircraft whether such accident is
required to be notified under
these Regulations or not, and may
nominate any officer of the Ghana
Civil Aviation Authority or any
other competent person to be an
Investigator-in-charge of
Accidents for the purpose of
carrying out the investigation.
The investigation shall be
conducted under the lines of ICAO
Annex 13, i.e. Aircraft Accident
Investigation.
(2) Without prejudice to the power
of an Investigator-in-charge of
Accidents to seek such advice and
assistance as he may think
necessary in making his
investigation, the
Director-General may at the
request of the Investigator
appoint persons to assist him in
the investigation and such person
shall for the purpose of so doing
have such of the powers of an
Investigator under these
Regulations as may be specified in
their appointment.
(3) The investigation shall be
held at such time and place as the
Director-General may specify by
notice published in the Gazette,
and in such notice the
Director-General shall invite any
person who wishes to make
representations concerning the
circumstances or causes of the
accident to do so in writing
within the time specified in the
notice.
Regulation 8—Conduct of
Investigation.
The investigation shall be
conducted in such manner that if a
charge is likely to be made
against any person and if it
appears to the Investigator of
Accidents to be practicable so to
do, that person shall be given
notice that blame may be
attributed to him and thereupon he
shall be given a reasonable
opportunity of being present and
making any statement or giving any
evidence and producing witnesses
on his behalf and examining any
witnesses from whose evidence it
appears that blame may be
attributed to him.
Regulation 9—Report of
Investigation.
(1) The Investigator of Accidents
shall make a report to the
Director-General stating all
relevant facts with regard to the
accident and his conclusion with
regard to the causes of the
accident together with his
observations and recommendations.
(2) The Director-General shall
forward the report of the
Investigator of Accidents to the
Minister with such comments as the
Director-General may think fit to
make and the Minister may if he
thinks fit publish the whole or
any part of such report.
Regulation 10—Powers of
Investigator-in-Charge.
For the purpose of his
investigation an
Investigator-in-charge of
Accidents shall have power:—
(a) to require the attendance of
any person and to examine such
person;
(b) to require any such person to
make and sign a declaration
regarding the true nature of his
statements
(c) to require answers or returns
to any inquiries the Investigator
thinks fit to make;
(d) to require and enforce the
production of all books, papers,
documents and articles which he
may consider necessary for the
investigation and to retain any
such books, papers, documents and
articles until the completion of
his investigation;
(e) to have access and examine
any aircraft involved in the
accident at the place where the
accident occurred or at any other
place.
Regulation 11—Accident to Foreign
Registered Aircraft.
(1) Where an accident has occurred
in or over Ghana to an aircraft
registered outside Ghana, the
Director-General may authorise the
participation of an Investigator
appointed by the duly competent
authority of the country of
registration of the aircraft in
accordance with ICAO Annex 13 to
help carry out an investigation in
Ghana and the Director-General
shall to the best of his ability
facilitate enquiries by the
investigator so appointed.
(2) In any Investigator's
investigation an accredited
representation of the country in
which the aircraft is registered
or any other country in which the
aircraft was manufactured or which
has, on request, supplied
information in connection with the
accident, may take part in the
investigation, and accordingly
shall be permitted to visit the
scene of the accident, examine the
wreckage, question witnesses,
receive copies of all pertinent
documents (saving all just
exceptions), have access to all
relevant evidence and make
submissions.
(3) The accredited representative
referred to in paragraph (2) of
this regulation may be accompanied
by such technical and other
advisers as may be considered
necessary by the authorities of
the country by which he is
appointed.
Regulation 12—Re-opening of
Investigation on Fresh Evidence.
(1) The Director-General may at
any time cause an investigation
under these Regulations to be
re-opened either generally or as
to any part thereof:—
(a) if new and important evidence
has been discovered; or
(b) for any other reason which
appears to the Director-General to
be sufficient.
(2) Any investigation re-opened
may be conducted by the same
Investigator-in-charge or by
another investigator appointed by
the Director General and shall be
conducted in accordance with the
provisions of these Regulations
relating to an Investigator's
investigation.
PART III—GENERAL
Regulation 13—Obstruction of
Inspector
(1) No person shall obstruct or
impede an Investigator-in-charge
of Accidents in the exercise of
his powers under these
Regulations.
(2) No person shall without
reasonable excuse fail to comply
with any summons or requisition of
an Investigator holding an
investigation under these
Regulations.
Regulation 14—Fees for Assistance,
Witnesses, etc.
The Director General may pay to
any person assisting in an
investigation or to any assessor
or witness, fees or attendance
allowances at such rate as may be
determined by the Minister.
Regulation 15—Interpretation
In these Regulations:—
"operator" in relation to an
aircraft means the person for the
time being having the management
of that aircraft;
"owner" means, where an aircraft
is registered, the registered
owner;
"person 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;
"serious injury" means any injury
which;
(a) requires hospitalisation for
more than 48 hours; or
(b) results in fracture of any
bone (except simple fractures of
fingers, toes or nose); or
(c) involves lacerations causing
severe haemorrhage, nerve, muscle
or tendon damage; or
(d) involves injury to an internal
organ; or
(e) involves severe burns;
"substantial damage" means damage
or structural failure which
adversely affects the structural
strength, performance or flight
characteristics of the aircraft
which would nor many require major
repair or replacement of the
affected component.
"Investigator-in-charge" means the
leader of the investigation team
who will submit the final report.
'ICO"
means International Civil Aviation
Organisation.
Regulation 16—Savings
(1) Nothing contained in these
Regulations shall prevent the
Director-General of Ghana Civil
Aviation Authority from
cancelling, suspending or
endorsing any licence, certificate
or other document.
(2) The provisions of these
Regulations shall be without
prejudice to the provisions of any
enactment relating to Commissions
of Inquiry.
E. K. SALIA
Minister for Transport and
Communications.
Date of Gazette Notification: 8th
March, 1996
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