Page:Air Navigation (Investigation of Accidents and Incidents) Order 2003.pdf/25

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S 78/2003



(3) The expenses incurred by the Chief Inspector in disposing of the aircraft, parts, wreckage or contents shall be borne by the owner or operator of the aircraft and be recoverable from either or both of them.

Disposal of records

20.—(1) The Minister, the Chief Inspector and an investigatorin charge shall not be required to hold aircraft records or factual information concerning an accident or incident beyond such time as is necessary for the completion of the investigation and reports.

(2) The records and information referred to in sub-paragraph (1) include—

(a) photographs;
(b) written statements; and
(c) documents pertaining to the accident or incident, the circumstances of the accident or incident, or the aircraft or personnel involved.

(3) Such records shall be returned to the persons from whom they were obtained and if not claimed by such persons after a reasonable period, may be disposed of in any manner that the Chief Inspector considers fit.

Obstruction of investigation

21.—(1) No person shall obstruct or impede an Inspector or any person acting under the authority of the Minister or the Chief Inspector in the exercise of any rights, powers or duties under this Order.

(2) No person shall without reasonable excuse and after having had the expenses (if any) to which he is entitled tendered to him, fail to comply with any summons of an investigator-in-charge carrying out an investigation under this Order or of any person empowered to exercise the powers of the investigator-in-charge under paragraph 9 (4).

(3) The onus of proving reasonable excuse for failing to comply with a summons shall lie on the person relying on such excuse.