[Draft 4] - Aircraft Accident Investigations

[Simone]

Based on ICAO Annex 13.


The World Assembly (WA),

Noting a common desire to reduce aircraft accidents, and to thoroughly investigates those that do occur in order to prevent future ones;

Desiring a protocol to coordinate the different WA states involved in such investigations;

The WA hereby enacts as follows:

1. Accident. An "accident" means any event that causes:
   1. Serious injury or death to a sapient individual due to that individual being in the aircraft, or in direct contact with any part of that aircraft; or
   2. An aircraft to sustain significant structural failure or damage; or
   3. Any physical environment to sustain significant damage;
   4. The disappearance of an aircraft.
   5. "Accident" does not include incidents such as hijackings, sabotage, acts of war, and other analogous circumstances.
2. Other definitions.
   1. "Aircraft" means any airplane, helicopter, spacecraft, or other flying object defined as such by the International Aero-Space Administration (IASA) and used, as determined by the flag state for purely civilian purposes. Such determination shall be subject to approval by IASA.
   2. "Authority" means an entity designated by a WA state as being in charge of aircraft accidents.
   3. "Flag state" means the WA state to which the aircraft is registered. If the aircraft belongs to, or is operated by or on behalf of a WA sub-committee, the WA is deemed the flag state.
   4. "Investigation" means a thorough enquiry by an authority into the facts and causes of an accident, and recommendations to prevent future accidents.
3. Principal authority.
   1. If the accident occurs in a WA state, that WA state’s authority is designated as the principal authority (PA) in charge of the investigation.
   2. If the accident occurs in a non-WA state but the aircraft flew under the flag of a WA state, the flag state may elect to conduct its own investigation independently as a PA, irrespective of any investigation by that non-WA state.
   3. If the accident occurs in international airspace, or if the flying object disappears, the flag state shall act as the PA.
   4. If the accident occurs over multiple WA states, or if the flag state is the WA, IASA shall be the PA.
4. IASA guidelines. IASA is to publish and update periodically technical guidelines on:
   1. organization and planning of an authority and an investigation;
   2. conducting investigations, such as examination of the wreckage, and evaluation of data;
   3. drafting of the final reports published, including any recommendations to improve safety.
5. IASA assistance.
   1. IASA is to offer any technical assistance requested by a PA in the course of an investigation.
   2. A WA state may request to delegate all of its responsibilities under this resolution to IASA.
   3. IASA shall accept such a request only if it determines that the WA state lacks the resources or capabilities to conduct properly such an investigation.
6. Conduct of PA.
   1. The PA is to conduct an investigation in accordance with duly established investigate, judicial or legal processes as defined by the laws of that WA state, as well as all technical guidelines published by IASA.
   2. All WA states must fully cooperate with the PA in any investigation if such cooperation is requested by that PA.
   3. The sole objective of an investigation is to prevent future accidents. It is not the purpose of an investigation to apportion blame or liability.
7. Other stakeholders.
   1. The PA may not reject the participation of authorities of other WA states that are a stakeholder in the investigation, such as the flag state, or the WA state where the manufacturer of the aircraft is located. An exception is made for very specific cases where, for example, that stakeholder is in a state of war with the PA. This should be at the discretion of IASA.
   2. The definition of a "stakeholder" is at the discretion of IASA and may vary between investigations.
8. Reporting.
   1. The PA is required to publish interim reports within timeframes specified by IASA, or as soon as practicable if an ongoing investigation discovers information critical to the safety of aircraft.
   2. The PA is required to publish a final report at the end of the investigation, reporting on any findings on the part of that PA as to:
      1. the facts relating to the accident;
      2. an analysis of the facts;
      3. any conclusions as to the causes of, and any contributing factors to, the accident; and
      4. any recommendations the PA considers appropriate for the preservation of life and the prevention of future accidents.
   3. If other stakeholders or IASA dispute the findings of the report from the PA, they may publish their own findings separately.
   4. All reports published shall be made publicly available free-of-charge through convenient means.