Malaysia/DCA/CIVIL AVIATION REGULATIONS 1996 PART XII

MH370 DECODED
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The following extract - P.U.(A) 139/96 CIVIL AVIATION REGULATIONS 1996 PART XII - INVESTIGATION OF ACCIDENTS - has been annotated, including links to other relevant articles.


Regulation 122. Application and interpretation.

(1) The provisions in this Part shall apply to accidents which -

  • (a) occur to any aircraft in Malaysia;
  • (b) involve -
    • (i) any civil and military aircrafts;
    • (ii) any civil aircraft and military installation; or
    • (iii) any military aircraft and civil installation in Malaysia;
  • (c) occur to any Malaysian aircraft elsewhere.
Comments

Regulation 122(1)(c) applies to MH370 because the aircraft, a Boeing 777-2H6ER operated by Malaysia Airlines, was registered in Malaysia as 9M-MRO.


(2) In this Part, unless the context otherwise requires -

"accident" includes an incident and a reportable accident;

"Chief Inspector" means the Chief Inspector of Air Accidents appointed under this Part and includes any deputy chief inspector;

"field investigation" means an investigation which is not intended to be the subject of a report by an Inspector to the Minister;

"foreign aircraft" means an aircraft registered in a state other than Malaysian;

"formal investigation" means an investigation which intended to be the subject of a report by an Inspector to the Minister;

"incident" means an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation;

"Inspector" means a person appointed as an Inspector of Air Accidents under this Part;

"investigation" means a process conducted for the purpose of accident prevention which includes the gathering of analysis of information, the drawing of conclusion, including the determination of causes and, when appropriate, the making of safety recommendations;

"Malaysia" means the territory of Malaysia including those parts of any Flight Information Region ("FIR") over the high seas for which Malaysia exercising responsibility for the provision of air navigation facilities and services in accordance with the Chicago Convention;

"reportable accident" means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the invention of flight until such time as all such persons have disembarked therefrom, in which -

  • (a) a person is fatally or seriously injured as a result of -
    • (i) being in the aircraft;
    • (ii) direct contact with any part of the aircraft, including parts which have become detached from the aircraft; or
    • (iii) direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted of inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally accessible to the passengers and crew;
  • (b) the aircraft sustains damage or structural failure which -
    • (i) adversely affects the structural strength, performance or flight characteristics of the aircraft; and
    • (ii) would normally require major repair or replacement or 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, antennae, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin; or
  • (c) the aircraft is missing or is completely inaccessible;

"serious injury" means an injury which is sustained by a person in a reportable accident and which -

  • (a) requires his stay in hospital for more than forty-eight hours commencing within seven days from the date on which the injury is received;
  • (b) results in a fracture of any bone except simple fractures of fingers, toes or nose;
  • (c) involves lacerations which cause severe nerve, muscle or tendon damage or severe haemorrhage;
  • (d) involves injury to any internal organ; or
  • (e) involves second or third degree burns or any burns affecting more than five per centum of the surface of the body.


(3) For the purpose of these Regulations, an aircraft is deemed to be missing when the official search has been terminated and the wreckage has been located or though located, its completely inaccessible.

An anomaly with MH370 is that the search has been terminated and the wreckage has not been located, but the aircraft is still missing.


Regulation 123. Purpose of accident investigation.

The fundamental purpose of investigation accidents under these Regulation shall be to determine the circumstances and causes of the accident with a view to the preservation of life and the avoidance of accidents in the future; it is not the purpose to apportion blame or liability.

The wording of Regulation 123 is equivalent to the Objective of an investigation under ICAO Annex 13:
"The sole objective of the investigation 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."
Source: Annex 13, Section 3.1 page 3-1


Regulation 124. Notification of accident.

(1) Where a reportable accident occurs in Malaysia or to a Malaysian aircraft elsewhere, the commander of the aircraft involved at the time of the accident, or if is killed or incapacitated, then the owner, operator, hirer of the aircraft, or other person on whose behalf the commander was in command of the aircraft, as the case may be, shall forthwith send a notice thereof to the Chief Inspector by the quickest means of communication available and, in the case of an accident occurring in or over Malaysia, shall also notify forthwith the local police authority of the accident and of the place where it occurred.

(2) The notice to the Chief Inspector referred to in subregulation (1) shall state as far as possible -

  • (a) the type, model, nationality and registration marks of the aircraft;
  • (b) the name of the owner, operator or hirer, if any, of the aircraft, or other person on whose behalf the commander was in command of the aircraft;
  • (c) the name of the commander of the aircraft;
  • (d) the date and Coordinated Universal Time of the accident;
  • (e) the last point of the departure and the next point of intended landing of the aircraft;
  • (f) the position of the aircraft by reference to some easily defined geographical point, latitude and longitude;
  • (g) (i) the number of the crew on board the aircraft at the time of the accident and the number of them killed or seriously injured as a result of the accident;
  • (ii) the number of passengers on board the aircraft at the time of the accident and the number of them killed or seriously injured as a result of the accident; and
  • (iii) the number of other persons killed or seriously injured as a result of the accident;
  • (h) the nature of the accident and the extent of the damage to the aircraft as far as is known; and
  • (i) the physical characteristics of the area in which the accident occurred.

 

(3) Where an accident to which these Regulations apply occurs, whether in or over Malaysia or elsewhere, the owner, operator or hirer of the aircraft, or other person on whose behalf the commander was in command of the aircraft, as the case may be, of the aircraft shall, if so required by notice in writing given to him by the Chief Inspector, send to the Chief Inspector, within such time as may be specified in the notice, such information as is in his possession or control with respect to the accident and in the form as the Chief Inspector may require.

(4) The Chief Inspector may at any time publish, or cause to be published, information relating to an accident whether or not such an accident is the subject of an investigation by an Inspector.

For MH370 see this report:-

MH 370 PRELIMINARY REPORT SERIAL 03/2014

OFFICE OF THE
CHIEF INSPECTOR OF AIR ACCIDENTS
MINISTRY OF TRANSPORT
MALAYSIA


Regulation 125. Removal of damaged aircraft.

Reg. 125 is not relevant to MH370.

Regulation 126. Inspectors of Air Accident.

(1) For the purpose of carrying out investigation into the circumstances and cause of any accident to which these Regulations apply, the Minister shall appoint persons as Inspectors of Air Accidents, one of whom shall be appointed by him as a Chief Inspector of Air Accidents.

(2) The Chief Inspector shall determine whether or not an investigations shall be carried out in respect of any accident to which these Regulations apply and the form of the investigation. He may himself carry out, or may cause an Inspector to carry out, an investigation of any such accident.

(3) 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 any Inspector in a particular investigation and the persons shall, for the purpose of the investigation, have such powers of an Inspector under these Regulations as may be specified in their appointment.


Regulation 127. Powers of Inspector.

For the purpose of investigation of any accident to which these Regulations apply, or any inquiries undertaken with a view to determining whether any such investigation should be held, an Inspector shall have powers -

  • (a) by summons under his hand to call before him and examine all the 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 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 any person 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) to have access to and examine any aircraft involved in an accident and the place where the accident occurred and to require the aircraft or any part or equipment thereof to be preserved unaltered pending investigation:
  • (d) to examine, remove, test and take measures for the preservation of, or otherwise deal with -
    • (i) the aircraft involved in the accident; or
    • (ii) where it appears to the Inspector requisite for the purpose of any such investigation or inquiry, any other aircraft, or any part of such aircraft or anything contained therein;
  • (e) to enter and inspect any place, building or aircraft, the entry or inspection whereof appears to the Inspector to be requisite for the purpose of any such investigation or inquiry except that an Inspector shall not have power to enter any premises under this paragraph for the purpose of any inquiry with a view of determining whether an investigation should be held if at the time of the proposed entry, the premises being used as a dwelling; and
  • (f) to take such measures for the preservation of evidence as he considers appropriate.


Regulation 128. Form and conduct of investigation.

(1) An investigation into any accident to which these Regulations apply may be a formal investigation or a field investigation.

(2) All investigations shall be held in private.

(3) Where it appears to the Inspector in the course of any investigation that in order to resolve any conflict of evidence or that for any other reason it is expedient so to do, he may permit any person to appear before him and call for evidence and examine witnesses.

(4) The Chief Inspector may determine that any investigation being carried out into an accident shall be discontinued and in the event of a formal investigation being discontinued, no report shall be made thereon to the Minister under subregulation 129(1), but public notice shall be given, in such manner as the Chief Inspector thinks appropriate, that the investigation has been discontinued.

(5) If, in the course of an investigation, it appears or is suspected that an act of unlawful interference was involved, the Inspector shall advise the Director General in order that the aviation security authorities of any other state which may be concerned are informed accordingly.

(6) Following the discontinuance of any investigation, the Chief Inspector shall submit to the Director General such information as he considers necessary or expedient in the interest of the avoidance of any accident in the future.

On 25 April 2014 the Minister of Transport instituted an independent international Investigation Team known as The Malaysian ICAO Annex 13 Safety Investigation Team for MH370.

The Team, headed by the Investigator-in-Charge Dato’ Ir. Kok Soo Chon, comprised of nineteen Malaysians and seven international Accredited Representatives (AR) of seven safety investigation authorities from seven countries (Australia, China, France, Indonesia, Singapore, the United Kingdom, and the United States of America).

Source: Safety Investigation Report MH370/01/2018 2.7.1 Department of Civil Aviation Malaysia


Regulation 129. Report of Inspector

(1) Upon completion of a formal investigation, the Chief Inspector shall submit to the Minister the report of the Inspector who carried out the investigation.

(2) Upon completion of a field investigation the Chief Inspector shall submit to the Director General such information as he considers necessary or expedient in the interest of the avoidance of any accident in the future.

(3) Upon completion of a formal investigation, the report to the Minister shall state the facts relating to the accident followed by an analysis of the facts and conclusions as to the causes of the accident, together with any recommendations which the Inspector thinks fit to make with a view to the preservation of life and the avoidance of any accident in the future.

(4) In the case of any formal investigation, the Chief Inspector may cause the investigation to be reopened and he shall do so if after the completion of the investigation, evidence has been disclosed which is in his opinion both new and important.

(5) Any investigation reopened shall be subject to and conducted in accordance with the provisions of these Regulations relating to formal investigation.

 

. . .

 

Regulation 138. Report of reportable accident to ICAO.

Whenever a reportable accident occurs and when the aircraft involved in an aircraft of a maximum mass of over 5,700 kilogrammes, the Director General shall send, as soon as practicable after the investigation under this Part is completed, an accident data report in the format as specified in Annex 13 to ICAO.

A Boeing 777-200, such as 9M-MRO, weighs more than 140,000 kg.