Publication: Magyar Közlöny
Issue: MK-2007-70 (Year: 2007, Number: 70)
Era: 2004-2010
Section: Melléklet a 2007. évi XLVI. törvényhez
Paragraph Index: 5385

d) the International Civil Aviation Organization, when the aircraft involved is of a maximum mass of over 2 250 kg. Note 1.— Telephone, facsimile, e-mail or the Aeronautical Fixed Telecommunication Network (AFTN) will in most cases constitute “the most suitable and quickest means available”. More than one means of communication may be appropriate. Note 2.— Provision for the notification of a distress phase to the State of Registry by the rescue coordination centre is contained in Annex 12. 2007/70/II. szám Chapter 4 Annex 13 — Aircraft Accident and Incident Investigation 4-3 1/11/01 RESPONSIBILITY OF THE STATE OF THE OPERATOR, THE STATE OF DESIGN AND THE STATE OF MANUFACTURE Information — Participation 4.9 Recommendation.— The State of the Operator, the State of Design and the State of Manufacture should acknowledge receipt of the notification of an accident or serious incident (4.1 refers). 4.10 Upon receipt of the notification, the State of the Operator, the State of Design and the State of Manufacture shall, upon request, provide the State of Registry with any relevant information available to them regarding the flight crew and the aircraft involved in the accident or serious incident. Each State shall also inform the State of Registry whether it intends to appoint an accredited representative, and if such an accredited representative is appointed, the name and contact details; as well as the expected date of arrival if the accredited representative will be present at the investigation. Note 1.— In accordance with 5.18, the State of the Operator, the State of Design and the State of Manufacture have the right to appoint an accredited representative to participate in the investigation. Note 2.— In accordance with 5.22, the attention of the State of the Operator, the State of Design and the State of Manufacture is drawn to their obligation to appoint an accredited representative when specifically requested to do so by the State conducting the investigation of an accident to an aircraft over 2 250 kg. Their attention is also drawn to the usefulness of their presence and participation in the investigation. 4.11 Upon receipt of the notification, the State of the Operator shall, with a minimum of delay and by the most suitable and quickest means available, provide the State of Registry with details of dangerous goods on board the aircraft. 2007/70/II. szám ANNEX 13 5-1 1/11/01 CHAPTER 5. INVESTIGATION RESPONSIBILITY FOR INSTITUTING AND CONDUCTING THE INVESTIGATION ACCIDENTS OR INCIDENTS IN THE TERRITORY OF A CONTRACTING STATE State of Occurrence 5.1 The State of Occurrence shall institute an investigation into the circumstances of the accident and be responsible for the conduct of the investigation, but it may delegate the whole or any part of the conducting of such investigation to another State by mutual arrangement and consent. In any event the State of Occurrence shall use every means to facilitate the investigation. 5.1.1 Recommendation.— The State of Occurrence should institute an investigation into the circumstances of a serious incident. Such a State may delegate the whole or any part of the conducting of such investigation to another State by mutual arrangement and consent. In any event the State of Occurrence should use every means to facilitate the investigation. Note 1.— The above provision does not exclude other already existing types of investigation of incidents (serious or not) by other organizations. Note 2.— When the whole investigation is delegated to another State, such a State is expected to be responsible for the conduct of the investigation, including the issuance of the Final Report and the ADREP reporting. When a part of the investigation is delegated, the State of Occurrence usually retains the responsibility for the conduct of the investigation. ACCIDENTS OR INCIDENTS IN THE TERRITORY OF A NON-CONTRACTING STATE State of Registry 5.2 Recommendation.— When the accident or the serious incident has occurred in the territory of a non-Contracting State which does not intend to conduct an investigation in accordance with Annex 13, the State of Registry or, failing that, the State of the Operator, the State of Design or the State of Manufacture should endeavour to institute and conduct an investigation in cooperation with the State of Occurrence but, failing such cooperation, should itself conduct an investigation with such information as is available. ACCIDENTS OR INCIDENTS OUTSIDE THE TERRITORY OF ANY STATE State of Registry 5.3 When the location of the accident or the serious incident cannot definitely be established as being in the territory of any State, the State of Registry shall institute and conduct any necessary investigation of the accident or serious incident. However, it may delegate the whole or any part of the investigation to another State by mutual arrangement and consent. 5.3.1 States nearest the scene of an accident in international waters shall provide such assistance as they are able and shall, likewise, respond to requests by the State of Registry. 5.3.2 Recommendation.— If the State of Registry is a non-Contracting State which does not intend to conduct an investigation in accordance with Annex 13, the State of the Operator or, failing that, the State of Design or the State of Manufacture should endeavour to institute and conduct an investigation. However, such a State may delegate the whole or any part of the investigation to another State by mutual arrangement and consent. ORGANIZATION AND CONDUCT OF THE INVESTIGATION Note.— The Manual of Aircraft Accident Investigation (Doc 6920) contains guidance material for the organization, conduct and control of an investigation. 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. 2007/70/II. szám Annex 13 — Aircraft Accident and Incident Investigation Chapter 5 1/11/01 5-2 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 include:

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