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Regulation 10 Coordination of investigations

Original text. Later amendments are not shown.

(1)

SAIA must make advance arrangements with the police and other statutory authorities who may institute investigations following a spaceflight accident covering—

(a)

access to the site of an accident;

(b)

preservation of and timely access to evidence;

(c)

how information on the status and progress of investigations is to be provided;

(d)

on the exchange of information relevant to the investigations;

(e)

use of sensitive safety information;

(f)

how any conflicts are to be resolved.

(2)

If an investigation is commenced by the police or other statutory authority (an “investigating authority”)—

(a)

the investigating authority must notify SAIA and the investigator-in-charge;

(b)

SAIA must make arrangements with the persons in charge of that investigation giving the investigating authority access to the site of the spaceflight accident for the purpose of their investigations;

(c)

all physical evidence and any flight recorders are to remain in the custody of the investigator-in-charge, but access to that evidence must be provided to the investigating authority for the purposes of their investigation, and in particular, a representative of that authority may accompany the flight recorders or physical evidence to any place where they are to be treated or read-out;

(d)

if an examination or analysis of any physical evidence may modify, alter or destroy it, the investigator-in-charge may not undertake such examination or analysis except with the consent of the investigating authority, unless paragraph (3) applies.

(3)

If the investigating authority has not given its consent to the examination or analysis requested under paragraph (2)(d) within a period of two weeks after the day on which the request was made, the investigator-in-charge may proceed with the examination or analysis.

(4)

If the investigating authority is entitled to seize any evidence, it must give the investigator-in-charge immediate and unlimited access to and use of such evidence.

(5)

For the purposes of this regulation—

  • “flight recorder” means any device for recording data relating to the flight of the launch vehicle, whether or not the device is located on the launch vehicle;

  • “statutory authority” means an authority which has statutory responsibility to investigate or to consider taking enforcement action in relation to a spaceflight accident.