S.L. 499.22 Art. 21Safety recommendations.

(1) At any stage of an investigation carried out under these regulations, the Chief Investigator shall, in a dated transmittal letter, after appropriate consultation with relevant parties -

(a) recommend to the appropriate aviation authorities, including those in other States, any preventive action that the investigator-in-charge considers necessary to be taken promptly to enhance aviation safety; and

(b) address, as soon as possible, any safety recommendation arising out of the investigation to the accident investigation authorities of the States concerned and to ICAO.

(2) An undertaking or authority to whom a safety recommendation has been addressed shall, without delay -

(a) take that recommendation into consideration and, where appropriate, act upon it;

(b) send to the Chief Investigator -

(i) full details of the measures, if any, it has taken or proposes to take to implement the recommendation and, if such measures are to be implemented, the schedule for the implementation; or

(ii) a full explanation as to why no measures will be taken to implement the recommendation; and

(c) inform the Chief Investigator of any subsequent delays in the implementation timetable supplied under paragraph (b)(i).

(3) A recommendation for preventive action or safety recommendation shall in no case create a presumption of liability for an aircraft accident or incident.

(4) Where any recommendation for preventive action or safety recommendation is forwarded to the Minister or the Chief Investigator by another State, the Chief Investigator shall inform that State within ninety days of the notification of the preventive action taken or under consideration, or the reasons why no action will be taken.