Publication: Magyar Közlöny
Issue: MK-2007-70 (Year: 2007, Number: 70)
Era: 2004-2010
Section: Melléklet a 2007. évi XLVI. törvényhez
Paragraph Index: 5365

f) involves verified exposure to infectious substances or injurious radiation. State of Design. The State having jurisdiction over the organization responsible for the type design. State of Manufacture. The State having jurisdiction over the organization responsible for the final assembly of the aircraft. State of Occurrence. The State in the territory of which an accident or incident occurs. State of the Operator. The State in which the operator’s principal place of business is located or, if there is no such place of business, the operator’s permanent residence. State of Registry. The State on whose register the aircraft is entered. Note.— In the case of the registration of aircraft of an international operating agency on other than a national basis, the States constituting the agency are jointly and severally bound to assume the obligations which, under the Chicago Convention, attach to a State of Registry. See, in this regard, the Council Resolution of 14 December 1967 on Nationality and Registration of Aircraft Operated by International Operating Agencies which can be found in Policy and Guidance Material on the Economic Regulation of International Air Transport (Doc 9587). 2007/70/II. szám ANNEX 13 2-1 1/11/01 CHAPTER 2. APPLICABILITY 2.1 Unless otherwise stated, the specifications in this Annex apply to activities following accidents and incidents wherever they occurred. Note.— The application of this specification with respect to accidents or serious incidents occurring in the territory of a non-Contracting State, in an area of undetermined sovereignty or on the high seas is addressed in 5.2 and 5.3. 2.2 In this Annex the specifications concerning the State of the Operator apply only when an aircraft is leased, chartered or interchanged and when that State is not the State of Registry and if it discharges, in respect of this Annex, in part or in whole, the functions and obligations of the State of Registry. 2007/70/II. szám ANNEX 13 3-1 1/11/01 CHAPTER 3. GENERAL Note.— Guidance material relating to the rights and obligations of the State of the Operator in respect of accidents and incidents involving leased, chartered or interchanged aircraft is provided in Attachment A. OBJECTIVE OF THE INVESTIGATION 3.1 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. PROTECTION OF EVIDENCE, CUSTODY AND REMOVAL OF AIRCRAFT RESPONSIBILITY OF THE STATE OF OCCURRENCE General 3.2 The State of Occurrence shall take all reasonable measures to protect the evidence and to maintain safe custody of the aircraft and its contents for such a period as may be necessary for the purposes of an investigation. Protection of evidence shall include the preservation, by photographic or other means of any evidence which might be removed, effaced, lost or destroyed. Safe custody shall include protection against further damage, access by unauthorized persons, pilfering and deterioration. Note 1.— Control over the wreckage is dealt with in 5.6. Note 2.— Protection of flight recorder evidence requires that the recovery and handling of the recorder and its recordings be assigned only to qualified personnel. Request from State of Registry, State of the Operator, State of Design or State of Manufacture 3.3 If a request is received from the State of Registry, the State of the Operator, the State of Design or the State of Manufacture that the aircraft, its contents, and any other evidence remain undisturbed pending inspection by an accredited representative of the requesting State, the State of Occurrence shall take all necessary steps to comply with such request, so far as this is reasonably practicable and compatible with the proper conduct of the investigation; provided that the aircraft may be moved to the extent necessary to extricate persons, animals, mail and valuables, to prevent destruction by fire or other causes, or to eliminate any danger or obstruction to air navigation, to other transport or to the public, and provided that it does not result in undue delay in returning the aircraft to service where this is practicable. Release from custody 3.4 Subject to the provisions of 3.2 and 3.3, the State of Occurrence shall release custody of the aircraft, its contents or any parts thereof as soon as they are no longer required in the investigation, to any person or persons duly designated by the State of Registry or the State of the Operator, as applicable. For this purpose the State of Occurrence shall facilitate access to the aircraft, its contents or any parts thereof, provided that, if the aircraft, its contents, or any parts thereof lie in an area within which the State finds it impracticable to grant such access, it shall itself effect removal to a point where access can be given. 2007/70/II. szám ANNEX 13 4-1 1/11/01 CHAPTER 4. NOTIFICATION Note 1.— Attachment B provides a notification and reporting checklist. Note 2.— A list of addresses of aircraft accident and incident investigation authorities can be found in the Manual of Aircraft Accident and Incident Investigation, Part I — Organization and Planning (Doc 9756) and on the ICAO/AIG web site when it becomes available. ACCIDENTS OR SERIOUS INCIDENTS IN THE TERRITORY OF A CONTRACTING STATE TO AIRCRAFT OF ANOTHER CONTRACTING STATE RESPONSIBILITY OF THE STATE OF OCCURRENCE Forwarding 4.1 The State of Occurrence shall forward a notification of an accident or serious incident with a minimum of delay and by the most suitable and quickest means available to:

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