Document from CIS Legislation database © 2003-2023 SojuzPravoInform LLC

RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of November 17, 2022 No. 660

About approval of Rules of investigation of aviation events with civil air vehicles in the Republic of Uzbekistan

For the purpose of enhancement of process of investigation of aviation incidents and incidents in the Republic of Uzbekistan and harmonization of the legislation in the field of with standards and recommendations of International Civil Aviation Organization, and also ensuring implementation of the Presidential decree of the Republic of Uzbekistan of January 27, 2022 the No. UP-104 "About Additional Measures for Development of Service Industry" Cabinet of Ministers decides:

1. Agree with the offer of the Ministry of transport of the Republic of Uzbekistan on enhancement of the national legal system on safety-of-life function in industry of civil aviation of the Republic of Uzbekistan based on standards and recommendations of International Civil Aviation Organization (further - ICAO).

2. Approve Rules of investigation of aviation events with civil air vehicles in the Republic of Uzbekistan according to appendix No. 1, providing:

classification and the list of the aviation incidents and incidents which are subject to investigation;

procedure for forming of the commission on each aviation event, structure and powers of the commission;

procedure for investigation by the commission of each aviation event;

tasks and functions of the subcommittees and groups created for conducting investigation;

procedure for bringing to the public of information on aviation event during conducting investigation;

procedure for the organization and carrying out researches during conducting investigation, generalization of results and discussion of results, and also forming of the closing statement.

3. Determine that:

The ministry of transport of the Republic of Uzbekistan is authority on the organization and conducting investigation of aviation incidents and incidents;

independence when conducting investigation is provided to authority on investigation of aviation incidents and incidents according to the Convention on international civil aviation;

the aviation incidents and serious aviation incidents which happened to air vehicles (unmanned aerial vehicles) weighing more than 2250 kg are subject to investigation;

the recommendations about safety-of-life function having global value in all cases go to ICAO.

4. Recognize invalid some decisions of the Government of the Republic of Uzbekistan according to appendix No. 2.

5. To the ministry of transport together with the interested ministries and departments in two-month time to bring into accord with this resolution departmental regulatory legal acts.

6. To impose control of execution of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan A. Zh. Ramatov and the Minister of Transport of the Republic of Uzbekistan I. R. Makhkamov.

Prime Minister of the Republic of Uzbekistan

A. Aripov

 

Appendix No. 1

to the Resolution of the Cabinet of Ministers to the Republic of Uzbekistan of November 17, 2022 No. 660

Rules of investigation of aviation events with civil air vehicles in the Republic of Uzbekistan

Chapter 1. General provisions

1. These rules determine procedure for investigation of aviation events with civil air vehicles in the Republic of Uzbekistan.

2. Requirements of these rules extend to all civil air vehicles and are obligatory for all subjects of legal relationship on which operation of the Air code of the Republic of Uzbekistan governing the relations in the field of civil aviation extends to the organizations and the citizens performing development, testing, production, certification, operation and repair of aviation engineering, certification of objects of aviation infrastructure, accomplishment and flight servicing, training of aeronautical personnel and also participants of investigation of aviation incidents and incidents.

3. In these rules the following main determinations are applied:

aviation event - the aviation incident or incident connected with use of the air vehicle, providing and flight execution at any stage;

aviation incident - the event connected with use of the air vehicle which, in case of the piloting aircraft, takes place since the moment when any face is raised aboard the air vehicle with intention to make flight, to the moment when all being onboard person left the air vehicle, or, in case of the drone aircraft happens since the moment when the air vehicle is ready to start with the purpose to make flight, until its stop at the end of flight and switching off of the fundamental power unit, during which:

a) any face sustains bodily harm from the death or serious bodily harm as a result:

stays in this air vehicle;

direct contact with any part of the air vehicle, including the parts separated this air vehicle;

direct impact of stream of gases of the jet engine (unless bodily harms are sustained as a result of the natural reasons, are put to themselves, or are put with other persons or when bodily harms are put to the stowaway passengers disappearing out of zones where access to passengers and crew members is usually open);

b) the air vehicle sustains damage or there is destruction of its design therefore:

structural strength is broken, technical or flight characteristics of the air vehicle worsen;

usually extensive repair or replacement of the damaged element, except as specified refusal or engine damage when are damaged only one engine (including its cowls or accessories), air screws, wings tip, antennas, sensors, blades, pneumatics, braking devices, wheels, fairing, panels, landing gear doors, windshields, covering of the air vehicle (for example, small dents or holes) is required, or there are minor damages of blades of rotor, blades of tail rotor, the landing gear and damage caused by hail or collision with birds (including holes in radome);

c) the air vehicle is missing or it appears in such place where access to it is impossible;

Notes:

Only for the purpose of uniformity of statistical data bodily harm as a result of which within 30 days from the moment of incident there came death is classified as bodily harm from the death.

Concerning drone aircrafts only those aviation incidents which led to the effects specified in the subitem "an" of this Item are subject to investigation.

The air vehicle is considered the missing person when its official searches were stopped, and the location of the air vehicle or its fragments was not established. The decision on the termination of search of the air vehicle which was injured disaster is accepted by the head of Single air search and rescue service of the Republic of Uzbekistan.

aviation incident - the event, except aviation incident, connected with use of the air vehicle which influences or could affect safety of operation. Aviation incidents are given in appendix No. 1 to these rules;

the reasons (factors) of aviation event - actions, failure to act, circumstances, conditions or their combination which led to aviation event;

The chairman (representative) of the commission on investigation of aviation event - person to whom owing to availability at it the corresponding qualification the organization and conducting investigation, and also control of its course is charged;

airborne recorder - any recording instrument established onboard the air vehicle as source of information used for conducting investigation of aviation events;

the authorized representative - person to whom participation in the investigation made by other state is entrusted the state owing to availability at it to the corresponding qualification;

the pro forma statement - the message used for immediate distribution of the data received on initial stages of investigation;

serious incident - aviation incident which circumstances are specified the high probability of aviation incident taking place in connection with use of the air vehicle which, in case of the piloting aircraft, occurs since the moment when any face is raised aboard the air vehicle with intention to make flight, to the moment when all being onboard person left the air vehicle, or, in case of the drone aircraft, occurs since the moment when the air vehicle is ready to move out from the place with the purpose to make flight, until its stop at the end of flight and switching off of the fundamental power unit;

serious bodily harm - the bodily harm sustained face during aviation incident or incident, which did severe or dangerous harm to health and also not the life-threatening harm to health which is heavy on effects, and which:

a) requires hospitalization more than for 48 hours within seven days from the moment of receipt of damage;

b) led to fracture of any bone (except for simple fractures of fingers of hands, legs or nose), to dislocations in large joints of extremities and vertebras or to squeezing of soft fabrics with crush syndrome;

c) it is connected with the gaps of biological fabrics causing severe bleeding, damage of nervous trunks, muscles or sinews;

d) led to damage of any internal body, and also the getting wounds and bruises of eyeball which are followed by disorder of sight;

e) it is connected with receipt of thermal, chemical and other burns of the second and third degree irrespective of the area of defeat, or any burns affecting more than 5% of surface of body or burns of the upper airways; with the impact of current flow which is followed by consciousness violation, disorder of breath and also with frostbite of the third and fourth degree or general chilling of organism;

e) it is connected with the confirmed fact of impact of infectious, toxic agents or penetrating radiation;

g) led to concussion of head or spinal cord of average and heavy degree, intra cranial hemorrhages of traumatic nature;

h) entailed termination of pregnancy;

the state of manufacturer - the state having jurisdiction concerning the organization responsible for final assembly of the air vehicle;

the state of developer - the state having jurisdiction concerning the organization responsible for design of aircraft type;

the maximum weight - the maximum certified take-off (landing) aircraft weight specified in its operating documentation;

the adviser - person to whom it is entrusted the state, owing to availability at it to the corresponding qualification, assistance to the authorized representative in investigation;

aviation fatal accident (catastrophic crash) - the aviation incident which led to death or loss without message of any of passengers or crew members. Cases of death any of persons which are onboard in the course of emergency evacuation from the air vehicle also belong to catastrophic crashes;

aviation non-fatality accident (accident) - the aviation incident which did not entail the human victims or loss without message any of passengers or crew members;

flight - movement of the air vehicle on earth's (water) surface and in airspace from start of take-off run (separation from terrestrial or surface of the water in case of vertical take-off) before the end of run (release of the runway without stopping) or contacts of earth's (water) surface in case of vertical take-off;

the recommendation about safety-of-life function - the offer of authority on investigation of aviation incidents and incidents which is intended for the prevention of aviation incidents and incidents developed on the basis of information obtained in case of investigation which under no circumstances does not set as the purpose determination of fault or responsibility for aviation incident or incident. In addition to the recommendations about safety-of-life function following from results of investigation, recommendations about safety-of-life function can follow from different sources, including analyses, information on aviation safety and researches on safety-of-life function;

the recommendation about safety-of-life function having global value - the Recommendation about safety-of-life function concerning system shortcoming which, owing to the existing probability of its repeating with potentially serious effects at the global level, requires acceptance of timely measures for the purpose of increase in level of aviation safety;

State of Registry - the state in which register the air vehicle is entered;

the promoting factors - actions, failure to act, circumstances, conditions or their combination, elimination, prevention or lack of which would reduce probability of aviation incident or incident, or would weaken weight of effects of this aviation incident or incident. Determination of the promoting factors does not assume assignment of fault or establishment of administrative, civil or criminal liability;

investigation - the process which is carried out for the purpose of prevention of aviation events which includes collection and information analysis, preparation of the conclusions, including establishment of the reasons and/or concurrent factors, and development of recommendations about safety-of-life function;

civil aviation organization - the operator of the air vehicle (airline), the certified educational institution, the organization for maintenance of air vehicles and air traffic maintenance or any other organization which is engaged in the activities connected with accomplishment and flight servicing in civil aviation of the Republic of Uzbekistan;

The state program on safety-of-life function of air vehicles of civil aviation - The single complex governed also the types of activity aimed at safety increase of flights;

the state of the operator - the state in which there is the main place of activities of the operator or if the operator does not take such place of activities, the permanent place of stay of the operator;

the air vehicle - the flight vehicle supported in the atmosphere due to interaction with air, other than interaction with the air reflected from the Earth's surface or water;

the operator of the air vehicle - the citizen or the legal entity owning the air vehicle on the property rights, under lease or on other legal cause which rights and capability to perform operation of this air vehicle are confirmed with the certificate of the operator.

the state of the place of event - the state in the territory of which the aviation event took place;

4. On each aviation event with civil air vehicles in the territory of the Republic of Uzbekistan investigation by the commission appointed according to these rules which without delay starts investigation is surely made.

Investigation of aviation incident with the civil air vehicle is made according to the scheme provided in appendix No. 2 to these rules.

Investigation of aviation incident with the civil air vehicle is made according to the scheme provided in appendix No. 3 to these rules.

Investigation of aviation incidents and serious incidents is conducted with air vehicles (including with unmanned aerial vehicles) which maximum mass exceeds 2250 kg.

5. Persons guilty of intentional concealment of aviation event, the information about him, and it is equal in misstatement of information, damage or destruction of airborne and terrestrial facilities of objective control and another, connected with aviation event evidential materials, bear responsibility, stipulated by the legislation the Republic of Uzbekistan.

6. Main objective of investigation of aviation event is prevention of aviation incidents and incidents in the future which is constituent of the State program on safety-of-life function of air vehicles of civil aviation.

Establishment of someone's fault and responsibility is not the purpose of investigation of aviation event.

Any legal or administrative proceedings directed to establishment of share of someone's fault or responsibility are conducted separately from the investigation which is carried out according to these rules.

7. Process of investigation of aviation event includes collection and information analysis, carrying out necessary researches, establishment of the reasons of aviation event, preparation of the report, conclusion, development of recommendations.

Investigation of aviation event is made by the principle of mnogofaktornost providing identification of variations from normal functioning of aviation transport system and impact assessment of these variations for the result of aircraft flight.

8. Authority in the organization and conducting investigation of aviation events is the Ministry of transport of the Republic of Uzbekistan (further - the Ministry of transport).

9. According to appendix No. 13 to the Convention ICAO, independence within conducting investigation is provided to authority on investigation of aviation incidents and incidents.

When conducting investigations of aviation incidents and incidents of the commission without delay necessary access to all physical evidences is provided. Other types of trials and checks shall not interfere with work of the commission on investigation.

The procedure and scales of investigation of aviation incidents and incidents are determined by requirements of these rules and provide establishment of the reasons accompanying and the promoting event factors for the purpose of further taking measures to increase in level of aviation safety.

Instructive material on the organization, carrying out and control of conducting investigation contains in the Management on investigation of aviation incidents and incidents (Doc 9756) of International Civil Aviation Organization of ICAO.

Reports on results of investigation of aviation incidents and incidents are constituted in state language or in one of 6 languages (Russian, English, Arab, Spanish, Chinese, French) specified in appendix No. 13 to the Convention.

10. The instructive and fabrication documents published by departments and civil aviation organizations concerning investigation of aviation events with civil air vehicles shall conform to requirements of these rules.

11. The commission appointed for investigation for the benefit of prevention of aviation incidents and incidents upon completion of investigation publishes the Final report by results of investigation of aviation incident or incident (further - the Final report), as soon as possible, if perhaps - within 12 months.

The ministry of transport takes all necessary measures for non-admission of wide publicity of surname, initials of the aeronautical personnel involved in aviation incident or incident.

12. Heads of civil aviation organizations shall not apply any disciplinary and/or other sanctions against the specialists who were involved in investigation if results of investigation cause negative reaction from administrations of the organizations sending them to the order of the commission on investigation.

13. Aviation events depending on the place, circumstances and weight of the come effects are classified:

a) Aviation incidents depending on weight of the come effects are subdivided on:

aviation fatal accidents (catastrophic crashes);

aviation non-fatality accidents (accidents);

b) aviation incidents;

c) serious aviation incidents.

When involving in event of several air vehicles of effect for each of them shall be classified separately.

14. The aviation event with several air vehicles is investigated as one event, and classified for each air vehicle according to the come effects. By results of investigation the general Final report and information reports on each air vehicle is drawn up.

15. In each civil aviation organization the special instruction determining taking into account these rules, operations procedure, obligations and the responsibility of particular service employees in case of aviation incident approved with the Ministry of transport shall be developed.

Chapter 2. Investigation of aviation incidents

§1. The notification about aviation incident

16. Persons who knew of aviation incident shall inform without delay on the incident regional authorities or civil aviation organization.

For the operational notification of the leading service employees, the direction of rescue forces and means, forming and collection of the commission on investigation, in civil aviation organization (airlines) the regulated procedure for passing of information on aviation incident is established.

17. Dispatchers aerodromno - control office, it is production - dispatching service of the company, the district center of single system of management of use of airspace (RTs of the EU of UIVP), the Main center of single system of management of use of airspace (HZ of the EU of UIVP), the central C dispatching service of the airport (CCDSA) in case of receipt of information on aviation incident with the civil air vehicle without delay transfer primary message on the incident to the addresses Ministry of Transport, Transportation Directorate of Service of state security, Transport prosecutor's office of the Republic of Uzbekistan and to body of troops of antiaircraft protection (air defense).

The message is transferred also to the head of civil aviation organization, in the area or in the territory of which there was aviation incident, and to the operator (owner) of the air vehicle.

18. After receipt of primary message on aviation incident the Ministry of transport the Cabinet of Ministers, the Ministry of emergency situations, Service of state security, the Ministry of Internal Affairs immediately informs Airworthiness division of aircraft of Armed Forces, transport prosecutor's office of the Republic of Uzbekistan and the Central committee of labor union of aviaworkers on the incident.

Information on aviation incident with the air vehicle of foreign state is in addition transferred to the Ministry of Foreign Affairs of the Republic of Uzbekistan, diplomatic representation of State of Registry of the air vehicle and airline administration office which possesses the air vehicle which was injured aviation incident.

19. Primary message on aviation incident with the air vehicle of the Republic of Uzbekistan in the territory of foreign state is transferred by the representative of civil aviation organization of the Republic of Uzbekistan in the state of the place of event to the Ministry of transport of the Republic of Uzbekistan.

In case of absence of representation of civil aviation organization of the Republic of Uzbekistan primary message can be transferred in the state in the territory of which there was aviation incident through operational diplomatic channels or on channels of bodies of air traffic management by crew members or the official representation of the Republic of Uzbekistan accredited in the state of the place of event.

20. The head of civil aviation organization, in the area or in the territory of which there was aviation incident on receipt of primary message immediately transfers the initial report to the Ministry of transport, and also informs management of executive body of the Republic of Uzbekistan in the territory of which occurred aviation incident, transport prosecutor's office, local transport and territorial authorities of the Ministry of Internal Affairs, Service of state security and the Ministry of emergency situations of the Republic of Uzbekistan.

The initial report shall contain the following information:

event type;

date, time (local and UTC (Coordinated Universal Time)), occurrence location;

type, state and registration identification signs, serial number and accessory of the air vehicle;

the name of the owner, operator, lessee if he is available, the developer and the manufacturer of the air vehicle;

meteoconditions at the time of incident;

qualification of the aircraft commander and nationality of crew members;

nature of task, flight number with indication of starting point of departure and destination;

the last port of departure and the planned landing Item;

location of the air vehicle concerning any easily determined geographical Item, width and longitude;

the physiographic characteristic of the area where there was incident;

the circumstances of aviation incident authentically known by the time of submission of the report;

number of the crew members and passengers onboard the air vehicle including who died and received bodily harms, and also death toll and received bodily harms of persons which were not onboard the air vehicle;

nationality of passengers;

availability and nature of dangerous goods onboard;

damage rate of the air vehicle;

data on the organization and carrying out search and wreckings;

other authentic data on aviation incident, the reports, known by the time of representation.

Absence any of the specified data shall not detain transfer of the initial report. The report shall not contain presumable data on circumstances and the causes of the accident.

21. In case of receipt of the initial report on aviation incident the Ministry of transport without delay directs the notification:

to State of Registry;

to the state of the operator;

to the state of developer;

to the state of the manufacturer;

ICAO if the maximum mass of the corresponding air vehicle exceeds 2250 kg or when it is the turbo jet aircraft;

The Ministry of Foreign Affairs of the Republic of Uzbekistan if aviation incident happened to AF of foreign state and/or in the presence on its board of passengers of foreign states who died or received heavy bodily harms.

The notification, whenever possible, shall contain information provided by appendix No. 13 to the Convention ICAO and corresponding to Item 20 of these rules.

The notification is stated by simple language and contains such amount of information which is available. Departure of the notification shall not be late due to the lack of the complete information.

The notification is constituted in one of working languages of ICAO taking into account the language used by receivers if it does not cause excessive delay of information.

As soon as it is possible, the Ministry of transport reports the details which are absent in the notification and also directs other known information relating to this event.

22. Within three days from the moment of arrival to the place of aviation incident the commission chairman on investigation sends to the address of the head who appointed the commission on investigation and in the Ministry of transport the subsequent report which whenever possible, shall contain the following information:

date, time (local and UTC), the place, incident type, aircraft type, its state and registration identification signs, accessory, the information about the owner (operator), serial number of the air vehicle (engines), operating time of the air vehicle (engines) since the beginning of operation, the number of repairs, date and the place of the last repair, and operating time after it;

meteoconditions during the period of time close by the time of aviation incident (what caused weather, speed and wind direction at the earth, quantity, form and height of clouds, visibility, availability of dangerous meteoconditions);

surname, name, middle name of the aircraft commander (checking, its position), class, weather minimum, total flight experience, including on the air vehicle of this type (from them as the commander);

structure of crew (position, surnames, names and middle names);

nature of task, flight track with indication of the last airport (Item) of departure and destination;

number of passengers onboard and their nationality;

incident effects (the number of the dead, their nationality, the number of faces which sustained serious bodily harms);

nature and mass of load;

short description of circumstances of event;

damage rate of the air vehicle;

the facts which are of interest determined during the investigation;

offers on carrying out urgent preventive actions.

23. The notification about air vehicles in distress, carrying out search and wreckings are performed in compliance with Rules of accomplishment of search and rescue and emergency works with Single air search and rescue service of the Republic of Uzbekistan and these rules.

§2. Organization of investigation

24. The organization and ensuring objective and qualified investigation of the aviation incidents which happened to civil air vehicles in the territory of the Republic of Uzbekistan is assigned to the Ministry of transport with participation of executive bodies, bodies of prosecutor's office of the Republic of Uzbekistan, developers, manufacturers, owners, operators of the air vehicle, representatives of State of Registry of the air vehicle and other interested ministries, departments, the organizations of the Republic of Uzbekistan.

25. The organizations, individuals of other states whose interests are infringed by effects of aviation incident can be involved in investigation of aviation incidents.

26. Aviation incidents depending on their place, effects, accessory of the air vehicle are investigated by the commissions which are created:

a) The ministry of transport for investigation of the aviation incidents which happened in the territory of the Republic of Uzbekistan to air vehicles of civil and experimental aviation, did not involve interests of other states, the ministries, departments.

b) The government of the Republic of Uzbekistan for investigation of the aviation incidents which happened in the territory of the Republic of Uzbekistan and infringed on interests of the state and civil or state and experimental aviation.

Investigation of such aviation incidents in each case according to the decision of the Government of the Republic of Uzbekistan can be delegated to the Interstate Aviation Committee (IAC).

27. Investigation of the aviation incidents with foreign civil air vehicles which happened in the territory of the Republic of Uzbekistan is conducted according to the procedures stated in these rules and in appendix No. 13 to the Convention ICAO.

Conducting investigation can be transferred to State of Registry or the state of the operator of the air vehicle. In case of investigation transfer to other state, the Ministry of transport appoints the authorized representative from the Republic of Uzbekistan.

28. Investigation of the aviation incidents with civil air vehicles of the Republic of Uzbekistan which happened in the territory of other state according to Rules ICAO and national rules of investigation of aviation incidents of the state of the place of event is made:

the commission created by the state of the place of event;

the commission created by the Interstate Aviation Committee (if aviation incident happened in the State Party "Agreement on civil aviation and on use of airspace").

In these cases the Ministry of transport directs (appoints) the authorized representatives for participation in investigation.

For the aid to the authorized representative advisers can be appointed.

If necessary the Ministry of transport can appoint the commission for conducting more detailed investigation of circumstances and reasons of aviation incident, using all available information.

If it is impossible to determine definitely that the place of aviation incident is in the territory of any state, State of Registry appoints and makes investigation of aviation incident. However, it can transfer entirely or partially conducting investigation to other state according to the mutual arrangement.

ICAO management on investigation of aviation incidents (Doc 9756) contains instructive material on the organization, carrying out and control of conducting investigation. Besides, addition to this Management contains the list of the states which can provide the qualified help and the equipment for investigation of large aviation incidents.

29. The commission on investigation of aviation incident has the status of state commission.

All activities of the commission will be organized and carried out only under the leadership of the chairman.

Participants of investigation of aviation incident have the rights and obligations determined in appendix No. 4 to these rules.

30. The state of developer, the state of the manufacturer, State of Registry and the state of the operator of the air vehicle have the right to appoint the authorized representative for participation in investigation.

The state of developer or the state of the manufacturer of the power unit or main assemblies of the air vehicle can petition for participation in investigation of aviation incident.

State of Registry and the state of the operator can appoint one or several advisers offered by the operator for the aid to the authorized representative.

When neither State of Registry, nor the state of the operator appoint the authorized representative, the Ministry of transport can invite for participation in investigation of the authorized representative from the operator of the air vehicle.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.