S.L. 499.22 Art. 16Coordination of investigation and removal of aircraft or wreckage.

(1) When a judicial investigation is also instituted, the

Chief Investigator shall be notified thereof and he shall ensure traceability and retain custody of flight recorders and any physical evidence.

(2) Where the Court seizes any evidence, the Chief Investigator shall have immediate and unlimited access to such evidence and to its use. The term "use" shall also be understood to imply any form of destructive testing as may be necessary, in which case coordination shall be made with the judicial authorities to approve such tests.

(3) Pending the arrival of the investigator-in-charge on the site of an accident or serious incident, no person shall -

(a) modify the state of the site of the accident or incident;

(b) take any samples therefrom;

(c) undertake any movement of the aircraft, its contents or its wreckage or sampling therefrom or move or remove it, except where such action may be required for safety reasons or to bring assistance to injured persons, or under the express permission of the Chief Investigator.

(4) (a) Notwithstanding sub-regulation (3), the aircraft may be removed or interfered with so far as may be necessary for the purpose of -

(i) extricating persons or animals or the removal of dangerous goods carried by the aircraft;

(ii) removing, with the approval of the investigator-in-charge, any mail or valuables;

(iii) preventing destruction by fire or other cause;

(iv) preventing any danger or obstruction to the public, air navigation or other transport insofar as the removal is not for gain or commercial purposes;

(v) removing any other property from the aircraft with the authority of the investigator-in-charge and under the supervision of a police inspector and, or of a customs official.

(b) If an aircraft is wrecked on water, the aircraft or any of its contents or wreckage may be removed to such extent as may be necessary for bringing it or them to a place of safety.

(5) Where the Chief Investigator or the investigator-in-charge has authorised any person to remove any goods or passenger baggage from the aircraft or to release any goods or passenger baggage from the custody of the Chief Investigator or the investigator-in-charge, may -

(a) remove the goods or passenger baggage from the aircraft subject to the supervision of a police officer; and

(b) release the goods or passenger baggage from the custody of the Chief Investigator or the investigator-in-charge subject to clearance by or with the consent of an officer of customs, if the aircraft has come from a place outside Malta.

(6) Where the Chief Investigator or the investigator-in-charge is of the opinion that the aircraft involved in the accident or serious incident is likely to endanger or obstruct the public, air navigation or other transport, he may order the owner, operator or hirer of such aircraft to remove it to such place as the Chief Investigator or the investigator-in-charge shall indicate.

(7) In the absence of the owner, operator or hirer or in the event of non-compliance with the provisions of sub-regulation (6), the Chief Investigator or the investigator-in-charge shall be empowered to remove or cause the removal of the aircraft and shall not be liable for any further damage that may occur during removal.

(8) The expenses incurred in removing such aircraft shall be borne by the owner, operator or hirer of the aircraft and where the aircraft is removed by the Chief Investigator or the investigator-in-charge under sub-regulation (7), such expenses shall be recoverable from the owner, operator or hirer or all of them.

(9) Any police officer shall be responsible for the maintenance of law and order and preservation of the site of accident pending the arrival of the investigator-in-charge.

(10) Subject to sub-regulation (9) and in the absence of a police officer at the site, the responsibility for securing the site shall rest with -

(a) the airdrome operator and the Emergency Response and Fire Fighting unit if within the precincts of the airdrome, and

(b) the Civil Protection Department if beyond the jurisdiction of the airdrome operator.

(11) The Bureau, on the one hand, and other authorities likely to be involved in the activities related to the safety investigation, such as the judicial, civil aviation, search and rescue authorities on the other hand shall have in place, protocols ensuring cooperation between them through such advance arrangements.