The Regulation Governing the Handling of Investigation Procedures for Ultra-light Vehicle Occurrence
These Regulations are enacted pursuant to Article 38 of the Transportation Occurrences Investigation Act (hereinafter referred to as the "Act").
The terms used in these Regulations are defined as follows:1. Major Aviation Occurrences: Any occurrence classified as specified within the Scope of Major Transportation Occurrences prescribed pursuant to Paragraph 2, Article 2 of the Act.2. Activity association for ultra-light vehicle (hereinafter referred to as “activity association”): Any community group that has obtained approval and completed legal entity registration in accordance with Article 99-1 of the Civil Aviation Act.3. Owner of ultra-light vehicle: Any natural person or legal entity that owns an ultra-light vehicle and has obtained an ownership license in accordance with the applicable provisions of the Ultra-Light Vehicles Regulations prescribed by the Civil Aviation Administration, Ministry of Transportation and Communications (hereinafter referred to as the “CAA”).4. Operator of ultra-light vehicle: Any person who has obtained an operating license for ultra-light vehicles pursuant to the applicable provisions of the Ultra-Light Vehicles Regulations prescribed by the CAA.5. Death: A person is fatally injured at the scene or within 30 days of sustaining an injury as a result of being in the ultra-light vehicle, or direct contact with any part of the ultra-light vehicle, except when the injuries are from natural causes, self-inflicted or inflicted by other persons.6. Injury: An injury sustained by a person being in the ultra-light vehicle, or direct contact with any part of the ultra-light vehicle, except when the injuries are from natural causes, self-inflicted or inflicted by other persons, which requires continuous hospitalization for more than 48 hours.7. Substantial Damage: Any damage to an ultra-light vehicle that is beyond repair.8. Missing: A status in which the search for an ultra-light vehicle has been officially terminated by the Taiwan Transportation Safety Board (hereinafter referred to as the “TTSB”) and the wreckage has not been located.9. Duty Officer: A TTSB investigator assigned to 24-hour shifts responsible for receiving and notifications of reporting major aviation occurrences.10. Investigator-in-Charge: An investigator designated by the TTSB in accordance with the Act to lead and manage the investigation of a major aviation occurrence, and to appoint and establish the investigation task force; and direct major relevant investigations.11. Investigation Task Force: An ad hoc investigation team established and directed by the Investigator-in-Charge pursuant to the Act to carry out relevant tasks during investigation.
In the event of a major aviation occurrence, the activity association, the owner of the ultra-light vehicle, the operator of the ultra-light vehicle, and the relevant government agencies (institutions) shall promptly submit a status report to the TTSB duty officer.The activity association, the owner of the ultra-light vehicle, the operator of the ultra-light vehicle, and the relevant government authorities (agencies) shall notify any of the following occurrences:1. Death or injury to any person.2. Substantial damage.3. The missing or is completely inaccessible.4. Any other occurrence that may significantly affect the people's lives and property.
In the event of a major aviation occurrence, the activity association, the owner or the ultra-light vehicle, the operator of the ultra-light vehicle, and the relevant government agencies (institutions) shall assist and cooperate with the investigation task force and provide support requested from the Investigator-in-Charge.
The Investigator-in-Charge may permit clearance at the scene of a major aviation occurrence in order to prevent injury to any member of the public and prevent environmental contamination.
In accordance with Article 14 of the Act, the TTSB has priority in taking custody of relevant data and objects. During the course of investigation, the TTSB may return relevant data and objects that are no longer required to the activity association or the owner of the ultra-light vehicle.After the Final Report is released, the TTSB shall promptly return relevant data and objects, such as the ultra-light vehicle, wreckage, documents and manuals, to the activity association or the owner of the ultra-light vehicle.If the major aviation occurrence involves death, the TTSB shall not return any relevant data and objects to the activity association or the owner of the ultra-light vehicle until approval is granted by the public prosecutor’s office.
The TTSB may interview the relevant personnel pursuant to Article 18 of the Act. Where the audio recordings, transcripts of interviews, or any restricted documents are subject to Article 21, Article 22 of the Act or any subparagraph under Paragraph 1 of Article 18 of the Freedom of Government Information Law, their public disclosure shall be restricted.
The activity association, as well as any entity or individual under investigation, is entitled to file an application in writing within 15 days of receiving the draft Final Report to present their opinions on the report at a TTSB board meeting.
These Regulations shall become effective as of the date of promulgation.
English translation for reference only; the Chinese text prevails. Not legal advice.