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flight recorders and ATS records, and shall have unrestricted
control over it to ensure that a detailed examination can be
made without delay by authorized personnel participating in
the investigation.
Flight recorders - Accidents and incidents
5.7 Effective use shall be made of flight recorders in the
investigation of an accident or an incident. The State conducting
the investigation shall arrange for the read-out of the
flight recorders without delay.
5.8 Recommendation.- In the event that the State
conducting the investigation of an accident or an incident does
not have adequate facilities to read out the flight recorders, it
should use the facilities made available to it by other States,
giving consideration to the following:
a) the capabilities of the read-out facility;
b) the timeliness of the read-out; and
C) the Iocarion of the read-out facility.
Note.- The requirements for the recording o f radar data
and ATS communications are contained in Annex 11,
Chapter 6.
Autopsy examinations
5.9 The State conducting the investigation into a fatal
accident shall arrange for complete autopsy examination of
fatally injured flight crew and, subject to the particular
circumstances, of fatally injured passengers and cabin
attendants, by a pathologist, preferably experienced in accident
investigation. These examinations shall be expeditious and
complete.
Note.- Guidance material related to autopsies is provided
in detail in the Manual of Civil Aviation Medicine
(Doc 8984) and the Manual of Aircraft Accident Investigation
(Doc 6920), the former containing detailed guidance on
toxicological testing.
Medical examinations
5.9.1 Recommendation.- When appropriate, the State
conducting the investigation should arrange for medical
examination of the crew, passengers and involved aviation
personnel, by a physician, preferably experienced in accident
investigation. These examinations should be expeditious.
Note 1.- Such examinations may also determine whether
the level of physical and psychological fitness of flight crew
and other personnel directly involved in the occurrence is
suficient for them to contribute to the investigation.
Note 2.- The Manual of Civil Aviation Medicine
(Doc 8984) contains guidance on medical examinations.
Coordination - Judicial authorities
5.10 The State conducting the investigation shall recognize
the need for coordination between the investigator-incharge
and the judicial authorities. Particular attention shall be
given to evidence which requires prompt recording and
analysis for the investigation to be successful, such as the
examination and identification of victims and read-outs of
flight recorder recordings.
Note 1.- The responsibility of the State of Occurrence for
such coordination is set out in 5. I.
Note 2.- Possible conflicts between investigaring and
judicial authorities regarding the custody of flight recorders
and their recordings map be resolved by at1 official of rhe
Chapter 5 Annex I3 -Aircraft Accident and Incident Investigation
judicial authority carrying the recordings to the place of readout,
thus maintaining custody.
Informing aviation security authorities
5.11 If, in the course of an investigation it becomes
known, or it is suspected, that an act of unlawful interference
was involved, the investigator-in-charge shall immediately
initiate action to ensure that the aviation security authorities of
the State(s) concerned are so informed.
Non-disclosure of records
5.12 The State conducting the investigation of an accident
or incident shall not make the following records available for
purposes other than accident or incident investigation, unless
the appropriate authority for the administration of justice in
that State determines that their disclosure outweighs the
adverse domestic and international impact such action may
have on that or any future investigations:
a) all statements taken from persons by the investigation
authorities in the course of their investigation;
b) all communications between persons having been
involved in the operation of the aircraft;
c) medical or private information regarding persons
involved in the accident or incident:
d) cockpit voice recordings and transcripts from such
recordings; and
e) opinions expressed in the analysis of information,
including flight recorder information.
5.12.1 These records shall be included in the final report
or its appendices only when pertinent to the analysis of the
accident or incident. Parts of the records not relevant to the
analysis shall not be disclosed.
　
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