Law passed to create independent Aircraft Accident Investigation Department

The National Assembly Late Friday night passed amendments to the country’s Civil Aviation law that would see the creation of an independent department to investigate aircraft accidents.

The responsibility for investigating accidents currently lies with the Guyana Civil Aviation Authority (GCAA) but the “autonomous, separate” department is being created because Minister Juan Edghill said the GCAA can’t be investigating itself.

Edghill piloted the Civil Aviation (Amendment) Bill 2024 through the National Assembly on Friday night and the 16 amendments he proposed received the full support of those on the government and opposition benches.

The amendments, which altered the 2018 aviation law, were needed for Guyana to comply with the requirements of the Chicago Convention, which is an international agreement that established the rules of airspace, aircraft registration and safety, and details regarding international air travel. Compliance with the Convention is managed by the International Civil Aviation Organization (ICAO), which is due to conduct an audit in Guyana soon.

The Civil Aviation (Amendment) Bill dictates that there be the creation of the Aircraft Accident Investigation Department, “which shall be independent, separate and autonomous from the Authority’s regulatory functions and which shall consist of a Coordinator and other administrative staff, provided by the Authority, necessary to carry out the administrative work of the Department.”

The functions of the Department would be to:

(a) to keep a list of the assets and resources for accident investigations, including a list of investigators and equipment available to the Department from its assets and resources and also from other governmental authorities, regional authorities, or the aviation industry

(b) to keep a file on each investigator used or to be used by the Department

(c) to issue credentials to investigators and accredited representatives

(d) to maintain a database of all aviation accidents and serious incidents in and over Guyana

(e) to oversee and coordinate matters concerning aviation accidents and serious incidents in and over Guyana.

The Minister would commission investigations into aviation accidents and the investigators “shall have unrestricted access to all relevant investigation information and exclusive control over publishing any information or reports related to the investigation.”

Further, the Bill points out that the investigation team, appointed by the Minister, shall have:

(a)      unhampered access and control over an aircraft accident site and any wreckage on the site

(b)      unhampered access and control over all relevant accident and serious incident investigation materials, evidence and documents, including air traffic service recordings and recorders

(c)      the right to conduct detailed examinations and test relevant material and evidence without delay or interference

(d)      the right to interview witnesses and others who may contribute to the investigation

(e)      the right and obligation not to disclose certain accident and incident investigation records for purposes other than accident and incident investigation, including cockpit voice recordings and airborne image recordings and any transcripts from those recordings.

The Bill specifies that an investigation conducted in accordance with the Regulations of the new law “shall be separate from any judicial or administrative proceedings to apportion blame or liability.”

The Minister shall be responsible for funding technical and operational matters of the department for investigation activities and for contingency plans for emergency funding of costly investigations.