Ghana Civil Aviation Amdt Act 2016

Ghana Civil
Ghana CivilAviation
Aviation (Amendment) Act,
(Amendment) Act, 2016
2016 Act 906
ARRANGEMENT OF SECTIONS
Section
1. Section 1 of Act 678 amended

19. Section 40A inserted
20. Section 40B inserted
21. Section 40C inserted
22. Section 40D inserted
23. Section 40E inserted
1
Act 906 Ghana Civil Aviation (Amendment) Act, 2016
THE NINE HUNDRED AND SIXTH
ACT
OF THE PARLIAMENT OF THE REPUBLIC OF GHANA
ENTITLED
GHANA CIVIL AVIATION (AMENDMENT) ACT, 2016

AN ACT to amend the Ghana Civil Aviation Act, 2004 (Act 678) to
make further provisions in relation to civil aviation and to provide
for related matters.
DATE OF ASSENT: 18th February, 2016
PASSED by Parliament and assented to by the President
Section 1 of Act 678 amended

1. The Ghana Civil Aviation Act, 2004 (Act 678) referred to in this
Act as the “principal enactment” is amended in section 1(1) by the inser-
tion of “Ghana” before “Civil”.
2. The principal enactment is amended in section 3 by the deletion of
subsection (1) and the insertion of
“(1) The Authority is responsible
(a) generally for the following:
(i) administering and giving effect to this Act;
2
Ghana Civil Aviation (Amendment) Act, 2016 Act 906
(ii) advising the Government on matters relating to civil

aviation;
(iii) ensuring due compliance with the Conventions,
Annexes, Protocols, Standards and Recommended
Practices of the International Civil Aviation
Organisation;
(iv) carrying out any other treaty or agreement in the
field of civil aviation to which Ghana is a party;
(v) developing guidelines and guidance for the imple-
mentation of a safety management system that
requires operators and stakeholders in the aviation
sector to incorporate safety management systems
in their operational activities;
(vi) entering into agreements for co-operative
endeavours in the field of civil aviation, aviation
safety and security with other international and
regional contracting States;
(vii) establishing a safety programme to achieve an
acceptable level of safety in the operation of aircrafts,
aerodromes, air traffic control and aircraft mainte-
nance; and
(viii) the enforcement of the requirements contained in
the National Civil Aviation Security Programme;
(b) for the regulation of air navigation services including
(i) promoting and developing safety in civil aviation
and ensuring safety of air navigation and aircraft;
( ii) regulating, promoting, developing and supervising
air transport operations and services;
(iii) the licensing and certification of the provision of
accommodation in aircrafts;
(iv) collaborating in securing to the highest degree prac-
ticable uniformity in regulations, standards and
procedures in relation to aircraft, personnel, airways
and auxiliary services in order to facilitate and
improve air navigation by adopting and amending
where practicable, the Standards and Recom-
mended Practices and Technical Guidelines issued
by the International Civil Aviation Organisation to
contracting States;
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(v) acting internationally as the national Authority

or body representing the Republic in respect of
matters relating to civil aviation;
(vi) entering into mutual agreements in the event of a
lease, charter or interchange of an aircraft for the
transfer of all or part of the safety oversight
responsibilities in respect of the aircraft to ensure
continuous surveillance of the registered aircraft
to the State of the operator;
(vii) licensing of cockpit and cabin crew, flight and
ground engineers, air traffic controllers, air traffic
safety and electronic personnel as well as other
personnel engaged in aircraft operations and
allied aviation services;
(viii) prescribing measures to ensure the continuous
airworthiness of aircrafts;
(ix) registering and de-registering of aircrafts;
(x) registering and de-registering interests in an
aircraft or a part of an aircraft including the
recognition of the validity of a certificate of licence
of a foreign registered aircraft;
(xi) taking measures for the prevention and investiga-
tion of aircraft incident and accident;
(xii) ensuring that international units of measurements
and aeronautical charts are used in air and ground
operations;
(xiii) providing a coordinated search and rescue service
within the Accra Flight Information Region and
other aerodromes;
(xiv) recognizing certificates of airworthiness, certifi-
cates of competency, radio licences and other
licences issued by other contracting States;
(xv) supervising the operations of an aircraft; and
(xvi) environmental protection for aircraft noise and
engine emissions;
4
(c) for the provision of air navigation services including

(i) providing air navigation services within the Accra
Flight Information Region;
(ii) communicating meteorological information in
accordance with the relevant Annexes, Standards
and Recommended Practices, Regional Supplementary
and any other documents applicable to international
air navigation; and
(iii) providing the necessary facilities and personnel for
the regulation and protection of air traffic services;
(d) for the establishment and regulation of aviation security
including
(i) coordinating security activities with the relevant
agencies of Government and the National Security
Council for the purpose of preventing acts of
unlawful interference against civil aviation;
(ii) licensing and certifying civil aviation inspectors,
security personnel responsible for screening, special
agents, auditors or other properly licensed or certified
persons;
(iii) ensuring compliance with the provisions enshrined
in the National Civil Aviation Security Programme;
(iv) making Directives with respect to security measures
for the purpose of safeguarding civil aviation
against acts of criminal violence, air piracy, the
introduction of unauthorised weapons, explosives
or incendiary devices onto an aircraft;
(v) making Directives requiring an airport operator to
have in place security contingency plans;
(vi) taking of security measures to safeguard air trans-
port, life and property; and
(vii) providing for the protection of sensitive security
measures, procedures, processes, data, information
and other matters that may compromise the safety
and security of civil aviation in the Republic;
5
(e) for the establishment and regulation of airports and aero-

dromes including
(i) regulating the establishment and use of airports;
(ii) licensing and certification of airports, aerodromes
and the construction, operation, maintenance and
management of navigational sites;
(iii) providing standards for the establishment of aero-
dromes;
(iv) taking measures to ensure that aerodrome opera-
tors provide adequate level of rescue fire fighting
services for the category of aerodrome; and
(v) ensuring that air operators, airport operators,
concessionaires and users of the airport abide by
environmental protection laws and regulations
including protection from aircraft noise and engine
emissions, bird hazard control, handling of hazardous
material, petroleum products sippage, waste man-
agement and apply the appropriate sanctions in the
event of a violation; and
(f) for providing economic Directives, consumer protection
Directives and aviation service Directives for air transport
including
(i) the licensing of air transport subject to relevant rules
and Directives in force for the economic regulation
of airports, airlines, airport catering, ground
handling service operators, aviation freight forwarders
and other providers of air transport services; and
(ii) establishing guidelines for commercial arrange-
ments entered into by air operators for the purpose
of ensuring continuous surveillance over registered
operators and the development of operating licences.
3. The principal enactment is amended in section 9
(a) by the insertion of
“5(c) to a properly qualified private person, organisation
or regional body, subject to such Directives, super-
vision and review as may be prescribed and the
6
Director-General shall ensure that such functions

are not delegated in a way to enable air operators,
aerial work or general aviation operators and main-
tenance facilities to regulate themselves.”
(b) by the substitution for subsection (7), of
“(7) The Director-General shall monitor and
enforce compliance with the Conventions, Annexes,
Protocols, Standards and Recommended Practices
of the International Civil Aviation Organisation
and the Organisation’s technical instructions for the
transport of dangerous goods by air, but may make
variations where necessary; and
(c) by the substitution for subsection (8), of
“(8) The Director-General shall publish in the
Gazette or on the website of the Authority, Direc-
tives, Orders, Advisory Circulars, an instruction or
a directive made, given or issued under subsection
(2) and section 21.”
(d) by the insertion of a new subsection (9) as follows:
“(9) The Director- General shall publish the
credentials of Safety Inspectors, other required per-
sonnel of the Authority, and designees acting on
the instructions of the Director-General.”
4. The principal enactment is amended in section 13 by the deletion
of subsection (1) (c) and (d) and the insertion of the following:
“(c) a safety charge on all air tickets and freight charges;
(d) moneys approved by Parliament which are paid directly
out of the Consolidated Fund or any other moneys
approved by Parliament out of any other public fund; and
(e) any other moneys prescribed as moneys of the Authority
by the Regulations.”
5. Section 21 of the principal enactment is amended
(a) in subsection (1),
(i) by the substitution for “The Director-General in
consultation with the Minister, may by legislative
instrument, make Regulations for”, of
7
“(1) The Director-General may issue Directives for”;

(ii) by the deletion of “and” at the end of paragraph
(t);
(iii) by the insertion after paragraph (u), of the following
new paragraphs:
“(v) securing the highest practicable degree of uni-
formity in regulations, standards and proce-
dures in relation to aircraft, personnel, air ways
and auxiliary services to facilitate and improve
air navigation as well as adopt and amend from
time to time the standards, recommendations,
practices and procedures of the International
Civil Aviation Organisation in relation to
(i) communication systems and air navi-
gation aids and surveillance systems;
(ii) characteristics of airports and landing
areas;
(iii) rules of the air and air traffic control
practices;
(iv) licensing of air traffic safety electronics
personnel as well as operating and
maintenance personnel;
(v) airworthiness of an aircraft;
(vi) registration and identification of an
aircraft;
(vii) collection and exchange of meteoro-
logical information;
(viii) log books;
(ix) aeronautical maps and charts;
(x) customs and immigration procedures;
(xi) aircrafts in distress and investigation of
accidents and incidents and other
matters concerned with the safety, regu-
larity and efficiency of air navigation
as and when necessary;
(xii) establishing, identifying, implementing
and reviewing safety management
systems and policies for the safety of
civil aircraft operation;
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(xiii) adopting resolutions that require

operators or service providers to
establish safety management systems;
(xiv) establishing a quality assurance system
for internal quality audit system;
(xv) coordinating security activities with
the agencies of Government including
the National Security Council, the
National Aviation Security Committee,
the Ghana Armed Forces, the Police
Service and the National Disaster
Management Committee; and
(xvi) establishing a system to document the
title to or an interest in a civil aircraft
registered in the Republic or an aircraft
engine, propellers, appliances or spare
parts for use on an aircraft registered in
the Republic;
(w) the safety of operations and surveillance
of foreign air operators;
(x) the inspection of documents and other
activities necessary to ensure compli-
ance with this Act;
(y) the issuance, renewal, extension or
variation of an air carrier licence; and
(z) the amount of insurance to be main-
tained by domestic carriers in respect
of the domestic carrier’s liability under
the Third Schedule”;
(b) in subsection (2) to (7) by the deletion of “Regulations” and
the insertion of “Directives”;
(c) by the deletion of subsection (4)(a) and the insertion of
“(a) the adoption of Annexes to the Chicago
Convention, its Standards and Recommended Practices
as well as the adoption of operation directives, rules
and regulations of the International Civil Aviation
Organisation and the Organisation’s Technical Guidance
material that the Authority may consider appropriate;
and
(d) by the substitution of “thirty thousand penalty units” in
subsection (8), for “three hundred thousand penalty units”.
9

(a) in subsection (2) by the substitution for subsection (2), of
“(2) A person who contravenes or fails to com-
ply with a provision of an instrument made under
subsection (1) commits an offence and is liable on
summary conviction to a fine of not less than fifty
thousand penalty units and not more than two
hundred thousand penalty units or to a term of
imprisonment of not less than five years and not
more than thirty years or to both the fine and the
imprisonment.”; and
(b) in subsection (5) by the substitution for subsection (5), of
“(5) A person who contravenes or fails to
comply with a directive issued under subsection (4)
commits an offence and is liable on summary
conviction to a fine of not less than fifteen thou-
sand penalty units and not more than one hundred
thousand penalty units or to a term of imprison-
ment of not less than five years and not more than
thirty years or to both the fine and the imprisonment.”;
of subsections (2) and (3) and the insertion of
“(2) An instrument made under subsection (1) may
specify steps to be taken for intercepting an aircraft in
the Instrument and in accordance with Directives issued
by the Director-General and published on the website
of the Authority.
(3) A person who contravenes or fails to comply with
a provision of an instrument made under this section
commits an offence and is liable on summary convic-
tion to a fine of not less than fifty thousand penalty units
and not more than two hundred thousand penalty units
or to a term of imprisonment of not less than five years
and not more than thirty years or to both the fine and
the imprisonment.”.
10

8. The principal enactment is amended in section 24(1) by the substi-
tution for “a fine not exceeding two hundred penalty units or to a term of
imprisonment not exceeding six months or to both the fine and the
imprisonment” of
“a fine of not less than twenty thousand penalty units and
not more than one hundred thousand penalty units or to a
term of imprisonment of not less than five years and not more
than thirty years or to both the fine and the imprisonment.”.
of subsections (1), (2) and (3) and the insertion of
“(1) The provisions specified in the First Schedule apply
to investigation of accidents arising out of or in the course
of air navigation that occurs in or over the Republic or
occurs elsewhere to aircraft registered in the Republic.
(2) The Minister may by legislative instrument amend
the First Schedule.
(3) A person who contravenes or fails to comply with a
requirement specified in the First Schedule commits an of-
fence and is liable on summary conviction to a fine of not
less than five thousand penalty units and not more than
twenty-five thousand penalty units or to a term of impris-
onment of not less than three years and not more than ten
years or to both the fine and the imprisonment.”
10. The principal enactment is amended in section 26(2) by the substi-
tution for “a fine not exceeding two hundred penalty units or to a term of
imprisonment not exceeding six months or to both the fine and the
imprisonment” of
“a fine of not less than thirty thousand penalty units and
not more than two hundred thousand penalty units or to a
term of imprisonment of not less than five years and not
more than thirty years or to both the fine and the imprison-
ment.”.
11

(a) by the substitution for the headnote of
“Valid insurance and aircraft documents to be carried on
board an aircraft”;
(b) by the deletion in subsection (3) of “a fine not exceeding
one thousand penalty units or to a term of imprisonment
not exceeding five years or to both the fine and the impris-
onment” and the insertion of
“a fine of not less than two hundred thousand penalty units
and not more than three hundred thousand penalty units
or to a term of imprisonment of not less than ten years and
not more than thirty years or to both the fine and the
imprisonment.”; and
(c) by the insertion after subsection (4) of
“(5) The following documents shall be carried on board
an aircraft
(a) a certificate of registration;
(b) a certificate of airworthiness;
(c) appropriate licences for each member of the
crew;
(d) a journey log book;
(e) an aircraft radio station license if the aircraft
is equipped with radio apparatus;
(f) the list of names, place of embarkation and
destination of passengers for passenger flights;
(g) a cargo manifest and detailed declaration of
cargo;
(h) a certified copy of air operators certificate;
(i) an Environnemental Protection Certificate or
Aircraft Noise Certificate ;
(j) a Certificate of Insurance; and
(k) any other documents that may be required
from time to time or orders in accordance with
Directives issued by the Director-General.”.
12. The principal enactment is amended in section 28 by the substitu-
tion for section 28 of
12
“Application of International Air Law Instruments

28 (1) The provisions contained in the Convention for the
Unification of Certain Rules For International Carriage by
Air signed at Montreal on 28th May, 1999 as has been modified
and set out in the Second and Third Schedule to this Act and
as amended from time to time, shall from the commencement
of this Act have the force of law and apply to
(a) international carriage of air to and from
Ghana in relation to a carriage by air to which
those rules apply; and
(b) non-international carriage by air within
Ghana, irrespective of the nationality of the
aircraft performing the carriage, and shall,
subject to the provisions of this Act, govern
the rights and liabilities of carriers, passengers,
consignors, consignees and other persons.
(2) In the case of an aircraft accident resulting in the
death or injury of passengers, the carrier shall in accordance
with the Second and Third Schedules
(a) make advance payments of at least thirty thou-
sand United States Dollars within thirty days
from the date of the accident, to the natural
person or any natural persons who are entitled
to claim compensation in order to meet the
immediate economic needs of the persons; and
(b) the advance payments shall not constitute
recognition of liability and may be off set
against any amounts subsequently paid as
damages by the carrier.
(3) The provisions of the Convention on International
Interests in Mobile Equipment 2001 and the Protocol to
the Convention on International Interests in Mobile Equip-
ment on matters specific to aircraft equipment 2001, that is
the Cape Town Convention and Protocol set out in the
Fourth Schedule shall from the commencement of this Act,
be applicable in the Republic.
13
(4) The provisions contained in the Convention for the

Suppression of the Unlawful Seizure of Aircrafts signed at the
Hague on the 16th day of December, 1970 and set out in the
Fifth Schedule to this Act and as amended shall from the com-
mencement of this Act, be applicable in the Republic.
(5) The provisions contained in the Convention on the
Suppression of Unlawful Acts Relating to International
Civil Aviation and the Protocol Supplementary to the
Convention for the Suppression of the Unlawful Seizure
of Aircrafts, signed at Beijing on the 10th day of September,
2010 and set out in the Sixth Schedule shall from the
commencement of this Act, be applicable in the Republic.
(6) The provisions contained in the Convention on
Damage Caused by Foreign Aircraft to Third Parties on
the Surface signed at Rome on 7th October, 1952 as
amended and set out in the Seventh Schedule shall from the
commencement of this Act, be applicable in the Republic.
Compensation for Damage to Third Parties, Resulting from
Acts of Unlawful Interference Involving Aircraft signed in
Montreal on 2nd May, 2009 as amended and set out in the
Eighth Schedule shall from the date of its entry into force
be applicable in the Republic.
Compensation for Damage Caused by Aircraft to Third
Parties signed in Montreal on 2nd May, 2009 as amended
and set out in the Ninth Schedule shall from the date of its
entry into force be applicable in the Republic.”.
13. The principal enactment is amended in section 30(1) and (2) by
the substitution for
“Regulations” of “Directives”.
14. The principal enactment is amended in
(a) section 31 (1) by the substitution for “legislative instrument
make Regulations” of “issue Directives”; and
(b) section 31 (2) by the substitution for “Regulations” of
“Directives”.
14

15. The principal enactment is amended by the substitution for
section 36 of
“Fees
36. The Authority with the approval of the Minister shall
charge fees for services provided by the Authority.”
tion for “Regulations” of “Directives”.
(a) by the insertion after subsection (5) (g) of the following new
paragraphs:
“(h) unlawfully or intentionally destroys an aircraft in
service or causes damage to the aircraft in a manner
that renders it incapable of flight or which is likely
to endanger the safety of the aircraft in flight,
(i) unlawfully or intentionally places or causes to be
placed on an aircraft in service by any means what-
soever a device or substance that is likely to destroy
that aircraft or to cause damage to the aircraft that
renders it incapable of flight or that is likely to
endanger the safety of the aircraft in flight; or
(j) obstructs, interferes with, destroys, steals or causes
damage to a communication, navigation, surveil-
lance system, instrument, cables or any part of the
systems or instruments belonging to the Authority,”
(b) by the deletion of subsection (6) and the insertion of
“(6) A person on board an aircraft on ground or in
flight
(a) who unlawfully, by force or threat of force, or
by any other form of intimidation, seizes or
exercises control of that aircraft; or
(b) who attempts to commit any of the acts referred
to in paragraph (a) or abets the commission of
those acts
commits the offence of hijacking of an aircraft, and
15
is liable on conviction to imprisonment for life and any

person who in the course of committing the offence of
hijacking of an aircraft, commits, in connection with the
offence, any act of violence is committed against a passenger
or member of the crew of the aircraft which that person
would have been liable to under any law that person is liable
to any punishment in force in Ghana if the act had been
committed in Ghana;
(c) subsection (7)
(i) by the insertion after “High Court has” of “exclusive
original”; and
(ii) by the insertion after paragraph (c) of “or (d) for
offences specified under this Act”;
(d) by the deletion of subsection (8) and the insertion of
“(8) For the purposes of subsection (7) an air-
craft is considered to be “in flight” at any time from
the moment when the external doors of the aircraft
are closed following embarkation until the moment
when a door is opened for disembarkation and in
the case of a forced landing, the flight is deemed to
continue until the competent authorities take over
the responsibility for the aircraft and for the persons
and property on board.”;
(e) by the substitution for subsection (9) of
“(9) A person who commits an offence under
this section for which a penalty is not provided is
liable on summary conviction to a fine of not less
than thirty thousand penalty units and not more
than three hundred thousand penalty units or to a
term of imprisonment of not less than ten years and
not more than thirty years or to both the fine and
the imprisonment.”; and
(f) by the insertion after subsection (9) of
“(10) The Authority may by Directives prohibit
certain acts which constitute unruly or indecent be-
havior on board an aircraft in or over Ghana and
the Directives may include appropriate sanctions.”
16

(a) by the substitution for “Regulations” wherever it appears
of “ Directives”;
(b) in subsection (1) and (2) by the substitution for “a fine not
exceeding two hundred penalty units or to a term of
imprisonment not exceeding six months or to both the fine
and the imprisonment.” of
“a fine of not less than thirty thousand penalty units and
not more than two hundred thousand penalty units or to a
term of imprisonment of not less than five years and not
more than twenty years or to both the fine and the impris-
onment.”; and
(c) by the insertion after subsection (4) of
“(5) A person who commits an offence specified
under subsection (4) is liable on summary conviction
to a fine of not less than one hundred thousand
penalty units and not more than three hundred
thousand penalty units or to a term of imprison-
ment of not less than ten years and not more than
thirty years or to both the fine and the imprisonment.”.
Section 40A inserted
19. The principal enactment is amended by the insertion of a new
section 40A as follows:
“Power to prosecute
40A. The Authority may subject to Article 88 of the Constitu-
tion initiate and undertake the prosecution, in its name, of a person
who commits an offence under this Act or under a Directive,
regulation, rule or order made under this Act.”.
Section 40B inserted
section 40B as follows:
“Administrative penalties
40B. The Authority may impose administrative penalties of
not less than ten thousand penalty units and not more than thirty
thousand penalty units in the first instance in respect of offences
specified under this Act.”.
17
Section 40C inserted

section 40C as follows:
“Execution against assets of the Authority
40C. (1) In an action against the Authority an execution or
attachment process shall not be issued against the assets of the
Authority except a garnishee process.
(2) Any sum of money which may be awarded against
the Authority shall subject to the direction of a competent court be
paid from the funds of the Authority.”
Section 40D inserted
section 40D as follows:
“Compelling witnesses to testify
40D (1) For the purposes of this Act, the Director General
shall have the power to compel
(a) witnesses to appear and testify before the Investiga-
tions Committee or in matters relating to the inves-
tigation of an accident; or
(b) a person to produce books, papers or documents
required by the Investigations Committee or for the
purpose of investigation of accidents.
(2) A person who refuses to appear to testify or produce
relevant books, papers or documents relating to a matter under
investigation commits an offence and is liable on summary conviction
to a fine of not more than six hundred penalty units or, to a term of
imprisonment of not more than three months.”.
Section 40E inserted
section 40E as follows:
“Demolition of unauthorised structures
40E (1) The Authority shall have the power to cause the demoli-
tion at cost to the owner of any unauthorised mast built close to
any communication, navigation or surveillance equipment or that
impedes the safety of air navigation.
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(2) A person shall not erect or construct a structure close to

an aerodrome, approach zone, Transitional zone, horizontal zone,
conical zone, clear zones or accidental potential zones without the
authorisation of the Director-General.
(3) A person shall not build within a radius of one thousand
meters from proposed or existing sites for installation of aviation
communication, navigation and surveillance equipment without
an aeronautical study and approval from the Director-General.
(4) A person who contravenes sub-section (2) or (3) commits
an offence and is liable on summary conviction to a fine of not less
than five thousand penalty units and in addition, the structure shall
be demolished and the cost of the demolition paid by the offender.”
24. Section 42 of the principal enactment is amended in subsection
(1) by the insertion after “Court”, of
“Directives” means Instructions issued by the Director-
General to ensure compliance with the standards and
recommended practices by the International Civil Aviation
Organisation;”.
tion for subsection (1) and (2) of
“ (1) The assets and liabilities of, and property vested in the
former Authority immediately before the coming into force of this
Act shall vest in the Authority..
(2) Proceedings taken by or against the former Authority
may be continued by or against the Authority.
(3) A contract subsisting between the former Authority and
any other person and in force immediately before the coming into
force of this Act shall, subject to the directions in writing of the
President, subsist between the Authority and that other person.
(4) An employee of the former Authority shall continue in
employment under the Authority on terms and conditions which
are not less favourable in aggregate than the terms and conditions
enjoyed by that employee under the former Authority.”.
19
FIRST SCHEDULE
(Section 25 (1) and (2))
AIRCRAFT ACCIDENT AND INCIDENT INVESTIGATION
Contents
13.1 Applicability
13.2 Definition
13.3 Objective of the Investigation
13.4 Persons Liable to Notify
13.5 Report on Accidents/Incidents
13.6 Power to Appoint Investigator In Charge
13.7 Powers of Investigator-In-Charge
13.8 Obstruction of Investigator-In-Charge
13.9 Fees for Assistance, Witnesses Etc
13.10 Protection of Evidence, Custody and Removal of Aircraft
13.11 Owner may be present
13.12 Submission of Report by the Investigator-In-Charge
13.13 Conduct of the Investigation
13.14 Re-Opening of Investigation on Fresh Evidence
13.15 Request from the State of Registry State of the Operator, State
of Design or State of Manufacture.
13.16 Release from Custody
13.17 Notification
13.18 Responsibility of the State of Registry, the State of the Operator,
the State of Design and the State of Manufacture.
13.19 Accidents or Serious Incidents in the Territory of the State of
Registry, in a Non-Contracting State or Outside the Territory
of any State
13.19.1 Responsibility of The State Of Registry
13.19.2 Forwarding
13.20 Responsibility of The State of the Operator, The State of
Design and The State of Manufacture
13.20.1 Information–Participation
20
13.21 Responsibility of The State of Registry (Ghana) Where Not

The State of Occurrence
13.21.1 Applicability
13.21.2 Actions Following Receipt Of Notification
13.21.3 Timely Provision Of Relevant Information
13.21.4 Provision of additional Information
13.21.5 Protection and Provision of Flight recorder records
13.21.6 Provision of related organization information
13.21.7 Required appointment of an accredited representative
13.21.8 Action on safety recommendations
13.21.9 Right of participation in investigation
13.21.9.1 Applicability
13.21.9. 2 States entitled to appoint a representative
13.21.9.3 Additional invited participants
13.21.9.4 Appointment of advisors to the accredited representatives
13.22 Investigation
13.22.1 Responsibility For Instituting And Conducting The Investigation

13.22.2 Accident Or Incident Occuring In The State Of Ghana
13.22.3 Accidents Or Incidents In The Territory Of A Non-Contracting
State
13.22.4 Organisation And Conduct Of The Investigation
13.22.5 Responsibility Of Any Other State
13.22.6 Responsibility of The State of Registry and The State Of
The Operator
13.22.7 Participation In The Investigation
13.22.8 Participation Of Other States
13.22.9 Participation Of Other States Having Suffered Fatalities Or
Serious Injuries To It’s Citizens
13.23 Adrep Reporting
13.23.1 Preliminary Report
13.23.2 Language
13.23.3 Dispatch
13.24. Accident/Incident Data Report
21
13.25.1 Responsibility Of The State Of Ghana Conducting The

Investigation
13.24.2 Additional Information
13.25 Final Report
13.25.1 Responsibility Of Any State
13.25.1.1 Release Of Information Of Consent
13.25.2 Responsibility Of The State Of Ghana Conducting The
Investigation
13.25.3 Consultation
13.25.4 Recipient of Stress
13.25.5 Release of The Final Report
13.25.6 Responsibilities of a State Receiving Safety Recommenda-
tions
13.25.7 Action on Safety Recommendation
13.26 Accident Prevention Measures
13.26.1 Incident Reporting Systems
13.26.2 Data Base Systems
13.26.3 Analysis of Data- Preventive Actions
13.26.4 Exchange of Safety Information
13.27 Format Of The Final Report
13.27.1 Purpose
13.27.2 Format
13.27.3 Factual Information
13.27.4 The Investigator-In-Charge Of The Accident Shall Present
The Report With
13.28 Analysis
13.29 Conclusions
13.30 Safety Recommendations
13.31 Appendix
22
13.1 APPLICABILITY
This Schedule prescribes the requirements applicable to inves-
tigation activities following accident and incident involving
civil aircraft or helicopter when they occur in the territory of
the State of Ghana. In this Schedule the qualifications con-
cerning the State of Operation apply only when an aircraft is
leased, chartered or interchanged and when the State is not
the State of Registry and if it discharges, in respect of this
Schedule, in part or in whole, the functions and obligations of
the State of Registry.
13.2 DEFINITION
When the following terms are used for aircraft accident and
incident investigation they have the following meaning.
(1) Aeronautical Information Publication (AIP) means the
publication issued by Ghana Civil Aviation Authority
in accordance with ICAO Annex 15.
(2) Accident: An occurrence associated with the operation

of an aircraft which takes place between the time any
person boards the aircraft with the intention of flight until
such time as all such persons have disembarked, in which:
(a) a person is fatally or seriously injured as a result of:
(i) being in the aircraft, or
(ii) direct contact with any part of the aircraft,
including parts which have become detached
from the aircraft, or
(iii) direct exposure to jet blast except when the
injuries are from natural causes, self-inflicted or
inflicted by other persons, or when the injuries
are to stowaways hiding outside the areas nor-
mally not available to the passengers and crew; or
(b) the aircraft sustains damage or structural failure
which:
(i) adversely affected the structural strength,
performance or flight characteristics of the
aircraft, and
23
(ii) would normally require major repair or replace-

ment of the affected component, except for
engines failure or damage, when the damage is
limited to the engine, its cowlings or accesso-
ries; or for damage limited to propellers, wing
tips, antennas, tyres brakes, fairing, small dents
or puncture holes in the aircraft skin; or
(c) the aircraft is missing or is completely inaccessible.

(3) Accident investigation board (AIB): This is a board setup
by the Minister pursuant to the Ghana Civil Aviation
Authority Act for the investigation of accident and
serious incidents
(4) Accredited representative: A person designated by a State
on the basis of his or her qualification, for the purpose
of participating in an investigation conducted by another
State.
(5) Adviser: A person appointed by a State, on the basis of
his or her qualification, for the purpose of assisting its
accredited representative in an investigation.
(6) Aircraft: Any machine that can derive support in the
atmosphere from the reaction of the air other than the
reaction of the air against the earth’s surface.
(7) Aircraft accident. An occurrence associated with the
operation of an aircraft which takes place between the
time any person boards the aircraft with the intention of
flight until such time as all such persons have disem-
barked, in which:
(a) A person is fatally or seriously injured as a result of
(b) Being in the aircraft;
(c) Direct contact with any part of the aircraft, including
parts which have become detached from the
aircraft; or
24
(d.) Direct exposure to jet blast, except when the

injuries are from natural causes, self-inflicted or
inflicted by other persons, or when the injuries are
to stowaways hiding outside the areas normally
available to the passengers and crew.
(e.) The aircraft sustains damage or structural failure
which adversely affects the structural strength,
performance or flight characteristics of the aircraft,
and would normally require major repair or replace-
ment of the affected component, except for engine
failure or damage, when the damage is limited to
the engine, its cowlings or accessories; or for damage
limited to propellers, wing tips, antennas, tires,
brakes, fairings, small dents or puncture holes in the
aircraft skin; or the aircraft is missing or is com-
pletely inaccessible.
(8) Causes: Actions, omission, events, conditions, or a com-
bination thereof, which led to the accident or incident.
(9) Civil aircraft: Any aircraft other than a State aircraft
(10) Dangerous goods accident: An occurrence associated

with and related to the transport of dangerous goods
which results in fatal or serious injury to a person or major
property damage.
(11) Dangerous goods incident: An occurrence, other than

a dangerous goods accident, associated with and related
to the transport of dangerous goods, not necessarily
occurring on board an aircraft, which results in injury to
a person, property damage, fire, breakage, spillage,
leakage of fluid or radiation or other evidence that the
integrity of the packaging has not been maintained. Any
occurrence relating to the transport of dangerous goods
which seriously jeopardises an aircraft or its occupants
is deemed to constitute a dangerous goods incident.
25
(12) Dangerous goods transport document: A document

specified by the ICAO Technical Instructions for the Safe
Transportation of Dangerous Goods by Air. It is
completed by the person who offers dangerous goods for
air transport and contains information about those
dangerous goods. The document bears a signed declara-
tion indicating that the dangerous goods are fully and
accurately described by their proper shipping names and
UN numbers (if assigned) and that they are correctly
classified, packed, marked, labelled and in a proper
condition for transport.
(13) DG: Director-General of Ghana Civil Aviation Authority
(14) Fatal injury: As relates to an aircraft accident, any injury
which results in death within 30 days of the accident.
(ICAO Annex 13)
(15) Flight recorder: Any type of recorder installed in the
aircraft for the purpose of complementing accident/
incident investigation.
(16) Government: The Government of Ghana.
(17) Incident: An occurrence, other than an accident, associ-
ated with the operation of an aircraft which affects or
could affect the safety of operation.
(18) Investigation: A process conducted for the purpose of
accident prevention which includes the gathering and
analysis of information, the drawing of conclusions,
including the determination of causes and, when appro-
priate, the making of safety recommendations.
(19) Investigator-in-charge (IIC): A person charged, on the
basis of his or her qualification, with the responsibility
for the organisation, conduct and control of an investi-
gation.
(20) Maximum mass: Maximum certificated take-off mass.
(21) Minister: Minister responsible for Civil Aviation.
26
(22) Occurrence. In relation to an aircraft, this means any

incident which-
(a) endangers or which, if not corrected, would
endanger an aircraft, its occupants or any other
person; or
(b) resulted in an accident.
(23) Operator: A person, organization or enterprise engaged
in or offering to engage in aircraft operation.
(24) Preliminary Report: The communication used for the

prompt dissemination of data obtained during the early
stages of the investigation.
(25) Safety recommendation: A proposal of the accident

investigation authority of the State conducting the
investigation, based on information derived from the
investigation, made with the intention of preventing ac-
cidents or incidents.
(26) Serious incident: An incident involving circumstances

indicating that an accident nearly occurred.
(27) Serious injury: An injury which is sustained by a person

in an accident and which:
(a) requires hospitalisation for more than 48 hours,
commencing within seven days from the date the
injury was received;
(b) results in a fracture of any bone except simple
fractures of fingers, toes, or nose;
(c) involves lacerations which cause severe haemorrhage,
nerve, muscle or tendon damage;
(d) involves injury to any internal organ;
(e) involves second or third degree burns, or any burns
affecting more than five per cent of the body surface; or
(f) involves verified exposure to infectious substances
or injuries radiation.
27
(28) State of Design: The State having jurisdiction over the

organisation responsible for the type design.
(29) State of Manufacture: The State having jurisdiction over

the organisation responsible for the final assembly of the
aircraft.
(30) State of Occurrence: The State in the territory of which

an accident or incident occurs.
(31) State of the Operator: The State in which the operator’s

principle place of business is located or, if there is no
such place of business, the operator’s permanent residence.
(32) State of Registry: The State on whose register the

aircraft in entered.
(33) Substantial damage: Damage or failure which adversely

affects the structural strength, performance, or flight
characteristics of the aircraft, and which would normally
require major repair or replacement of the affected
component.
13.3 OBJECTIVE OF THE INVESTIGATION
13.3.1 The sole objective of the investigation of an accident or

incident shall be for the determination of the causes and for
prevention of such accidents and incidents in the future. It is
not the purpose of this activity to apportion blame or liability.
13.4 PERSONS LIABLE TO NOTIFY
13.4.1 The person liable to notify the accident to the Director-

General or the Authority responsible for Accident investiga-
tion, shall be the person in command of the aircraft involved
at the time of the accident or incident, or, if that person is
killed or incapacitated, then the owner, operator, hirer or other
person on whose behalf that person was in command of the
aircraft.
28
13.4.2 In the event that an accident occurs around an aerodrome, the

aerodrome authority or air traffic service provider is also
required to give notification of the accident to the Authority
responsible for Accident investigation.
13.4.3 If an accident happens outside the vicinity of the airport or

the aerodrome, any person who comes across it shall immedi-
ately inform the local police of the accident and the place where
it has occurred. The police shall in turn send an emergency
message (phone, e-mail or fax, etc.) to the police headquarters
Accra, where the police shall pass as much information as
available to be delivered to he accident Investigation Board or
relevant Authority responsible for Accident Investigation.
13.5 REPORT ON ACCIDENTS/INCIDENTS
13.5.1 The persons in command or the owners of an aircraft which

has been involved in an accident whether or not it is required
to be notified under these Regulations, shall, submit to the
Director-General of Ghana Civil Aviation Authority a written
report on such accident or incident in such form as may be
prescribed for safety management purposes.
13.6 POWER TO APPOINT INVESTIGATOR-IN-CHARGE
13.6.1 The Minister responsible for Aviation shall when an accident

occurs in the State of Ghana order an independent investiga-
tion into any accident involving a civil aircraft whether such
accident is required to be notified under these Regulations or
not, and may appoint or designate any person qualified as an
Accident Investigator to be an Investigator-in-Charge of the
Accident for the purpose of initiating and carrying out the
investigation immediately and reporting as soon as possible
after the report is issued.
29
13.6.2 QUALIFICATION OF INVESTIGATOR

The Minister shall appoint for the purpose of investigating
civil aircraft accident in the State of Ghana, a team of inves-
tigators comprising an aeronautical engineer or aircraft
airframe and power plant/ systems and avionic engineer.
All such engineers must be holders of Aircraft Maintenance
Engineer’s Licences and not with less than ten years field
experience, pilot with not less than 5000 flying hours and with
type ratings experience on five aircraft; an Aviation Medical
Examiner with aviation background and five years’ experience
as physician specialist; an Air Traffic Service personnel with
ten years experience in air traffic control management; a legal
officer with five years practicing experience and a good
insight of civil aviation or airline management. All investiga-
tors must have been trained in the techniques of aircraft
accident investigation comprising human factors knowledge
and should have periodic re-current training. An Administra-
tive staff shall be on ground to support the team of investigators
working.
13.6.3 Without prejudice to the power of an investigator-in-charge

of accidents to seek such advice and assistance as he may think
necessary in making his investigation, the Minister responsi-
ble for aviation may at the request of the Investigator-in-charge
appoint persons to assist him in the investigation and such
persons shall for the purpose of so doing have such of the
powers of an investigator under these regulations as may be
specified in their appointment.
13.6.4 The investigation shall be held at such time and place as the
Minister may specify by notice published and in such notice
the investigator-in-charge shall invite any person who wishes
to make representations concerning the circumstances of the
causes of the accident to do so in writing within the time speci-
fied in the notice.
30
13.6.5 (a) The Minister shall provide each member or every participant
in the investigation team with appropriately signed credentials.
(b) All investigators must have been trained in the techniques of
aircraft accident investigation comprising human factors
knowledge and should have periodic recurrent training in civil
aircraft accident and accident investigation.
13.7 POWERS OF INVESTIGATOR-IN-CHARGE
13.7.1 For the purpose of the investigation an Investigator-in-charge

of Accidents shall have power to:
(a) require the attendance of any person and to examine
such person;
(b) require any such person to make and sign a declara-
tion regarding the true nature of his statements;
(c) require answers or returns to any inquiries the
Investigator thinks fit to make;
(d) require and enforce the production of all books,
papers, documents and articles which he may con-
sider necessary for the investigation and to retain
any such books, papers, documents and articles until
the completion of his investigation;
(e) have access and examine any aircraft involved in
the accident at the place where the accident occurred
or at any other place;
(f) to have unhampered access to the wreckage and
unrestricted control over it;
(g) have access to all relevant materials, including flight
recorders and Air Traffic Service records, and shall
have unrestricted control over it to ensure that a
detailed examination can be made without delay
by authorised personnel participating in the inves-
tigation; and
(h) issue accredited foreign participants with appropri-
ate credentials.
31
13.8 OBSTRUCTION OF INVESTIGATOR-IN-CHARGE
13.8.1 No person shall obstruct or impede an Investigator-in-charge

of Accidents and other investigations in the exercise of their
powers under these Regulations.
13.8.2 No person shall without reasonable excuse fail to comply with
any summons or requisition of an Investigator holding an
investigation under these Regulations.
13.9 FEES FOR ASSISTANCE, WITNESSES ETC.

13.9.1 The Minister may pay to any person assisting in an investiga-
tion or to any assessor or witness fees or attendance allowances
at such rate as may be determined by the Minister.
13.10 PROTECTION OF EVIDENCE, CUSTODY AND
REMOVAL OF AIRCRAFT
13.10.1 RESPONSIBILITY OF THE STATE OF GHANA
In the case of an accident which is required to be notified
under these Regulations the State of Ghana shall comply with
ICAO Annex 13 in conducting the investigation. It shall take
all reasonable measures to protect the evidence and to main-
tain safe custody of the aircraft and its contents for such a
period as may be necessary for the purposes of an investiga-
tion. Protection of evidence shall include the preservation, by
photographic or other means of any evidence which might be
removed, effaced, lost or destroyed. Safe custody shall include
protection against further damage, access by unauthorised
persons, pilfering and deterioration.
13.10.2 If the aircraft is wrecked on water, the aircraft or any parts or

contents thereof may be removed to such extent as may be nec-
essary for bringing it or them to a place of safety.
13.10.3 The aircraft or any parts or contents thereof may be removed
or interfered with so far as may be necessary for the purpose of
extricating persons or animals dead or alive or preventing the
destruction of the aircraft and its contents by fire or other cause
32
or preventing any damage or obstruction to the public or to

the air navigation or to other transport.
13.10.4 Goods shall not be removed from the aircraft except under the
supervision and with the concurrence of a customs officer or
an officer of the Ghana Civil Aviation Authority or the inves-
tigator-in-charge.
13.10.5 The personal luggage of passengers or crew may be removed

from the aircraft under the supervision of a customs officer or
an officer of the Ghana Civil Aviation Authority or the inves-
tigator-in-charge.
13.10.6 Mails may be removed under the supervision of a customs

officer or an officer of the Ghana Civil Aviation Authority or
Posts and Telecommunications or the investigator-in-charge.
13.10.7 The Director-General may for the purpose of any investiga-

tion ordered under these Regulations authorise any person to
take measures to preserve the aircraft and to have access to
examine or otherwise deal with the aircraft.
13.11 OWNER MAY BE PRESENT
13.11.1 The owner or his nominated representative shall have the right
to be present during any examination or other action taken,
but the Investigator-in-Charge shall not be bound to postpone
any action which he may consider necessary by reasons of the
absence of the owner or his representative.
13.12 SUBMISSION OF REPORT BY THE INVESTIGATOR-

IN-CHARGE
13.12.1 The Investigator of Accidents shall make a report to the Minister

stating all relevant facts with regard to the accident and his
conclusion with regard to the causes of the accident together
with his observations and recommendations.
33
13.12.2 The Minister shall make comments and if the Minister thinks
fit, cause the whole or any part of such report to be published.
13.13 CONDUCT OF THE INVESTIGATION
13.13.1 The investigation shall be conducted in such manner that if a

charge is likely to be made against any person and if it appears
to the investigator-in-charge to be practicable to do so, that
person shall be given notice that blame many be attributed to
him and thereupon he shall be given a reasonable opportunity
of being present and making any statement or giving any
evidence and producing witnesses from whose evidence it
appears that blame may be attributed to him.
13.13.2 Any individuals or administrative proceedings to apportion
blame or liability shall be separate from any investigation con-
ducted under the provision of these regulations.
13.14 RE-OPENING OF INVESTIGATION ON FRESH EVI-

DENCE
13.14.1 The Minister responsible for aviation shall at any time cause
an investigation under these regulations to be re-opened either
generally or as to any part thereof: -
(a) if new and important evidence has been discovered;
or
(b) for other reason which appears to the Minister to
be sufficient
However if the State of Ghana, which conducted the investi-
gation, did not institute it then it has to obtain the consent of
the State which instituted the investigation.
13.14.2 Any investigation re-opened may be conducted by the same
investigator-in-charge or by another investigator appointed by
the Minister and shall be conducted in accordance with the
provisions of these Regulations relating to an investigator’s
investigation.
34
13.15 REQUEST FROM STATE OF REGISTRY, STATE OF

THE OPERATOR, STATE OF DESIGN OR STATE OF
MANUFACTURE
13.15.1 If a request is received from the State of Registry, the State of

the Operator, the State of Design or the State of Manufac-
turer that the aircraft, its contents, and any other evidence
remain undisturbed pending inspection by an accredited
representative of the requesting State, the State of Ghana shall
take all necessary steps to comply with such request, so far as
this is reasonably practicable and compatible with the proper
conduct of the investigation; provided that the aircraft may be
moved to the extent necessary to extricate persons, animals,
mails and valuables, to prevent destruction by fire or other
causes, or to eliminate any danger or obstruction to air
navigation, to other transport or to the public, and provided
that it does not result in undue delay in returning the aircraft
to service where practicable.
13.16 RELEASE FROM CUSTODY
13.16.1 Subject to the provisions of 13.10.1 and 13.15.1, the State of

Ghana shall release custody of the aircraft, its contents or any
parts thereof as soon as they are no longer required in the
investigation, to any person or persons duly designated by the
State of Registry or the State of the Operator, as applicable.
For this purpose the State of Ghana shall facilitate access to
the aircraft, its contents or any parts thereof, provided that, if
the aircraft, contents or any parts thereof, lie in an area within
which the State of Ghana finds it impracticable to grant such
access, it shall itself effect removal to a point where access can
be given.
13.17 NOTIFICATION
13.17.1 Accident or serious incidents in the Territory of the State of
Ghana to Aircraft of another contracting state.
35
13.17.3 Forwarding
13.17.4 The State of Ghana shall forward a notification of an acci-

dent or serious incident with a minimum of delay and by the
most suitable and quickest means available to:
(a) the State of Registry;
(b) the State of the Operator;
(c) the State of Design;
(d) the State of Manufacture; and
(e) the International Civil Aviation Organization, when the
aircraft involved is of a maximum mass of over 2 250 kg.
13.17.5 However, when the State of Ghana is not aware of a serious

incident, the State of Registry or the State of the Operator, as
appropriate, shall forward a notification of such an incident
to the State of Design, the State of Manufacture and the State
of Ghana.
13.17.6 Format and Content
13.17.6.1 The notification shall be in plain language and contain as much
of the following information as is readily available, but its
dispatch shall not be delayed due to the lack of complete infor-
mation:
(a) for accidents the identifying abbreviation ACCID, for

serious incidents INCID;
(b) manufacturer, model, nationality and registration marks,
and serial number of the aircraft;
(c) name of owner, operator and hirer, if any, of the aircraft;
(d) name of the pilot-in-command;
(e) date and time (local time or UTC) of the accident or
serious incident;
(f) last point of departure and point of intended landing of
the aircraft;
36
(g) position of the aircraft with reference to some easily

defined geographical point and latitude and longitude;
(h) number of crew and passengers; aboard, killed and
seriously injured others, killed and seriously injured;
(i) nature of the accident or serious incident and the extent of
damage to the aircraft so far as is known;
(j) an indication to what extent the investigation will be con-
ducted or is proposed to be delegated by the State of Ghana;
(k) physical characteristics of the accident or serious incident
area;
(l) identification of the originating authority and means to
contact the investigator- in-charge and the accident investi-
gation of the State of Ghana at any time; and
(m) presence and description of dangerous goods on board the
aircraft.
13.17.7 Language
13.17.7.1 The notification shall be prepared by State of Ghana in one of
the working languages of ICAO, taking into account the
language of the recipient(s), whenever it is possible to do so
without causing undue delay.
13.17.8 Additional information
13.17.8.1 As soon as it is possible to do so, the State of Ghana shall
dispatch the details omitted from the notification as well as
other known relevant information.
13.18 RESPONSIBILITY OF THE STATE OF REGISTRY, THE

STATE OF THE OPERATOR, THE STATE OF DESIGN
AND THE STATE OF MANUFACTURE
13.18.1 Information – Participation
13.19.2 The State of Registry, the State of the Operator, the State of
Design and the State of Manufacture should acknowledge re-
ceipt of the notification of the accident or serious incident.
37
13.19.3 Upon receipt of the notification the State of Registry, the State
of the Operator, the State of Design and the State of Manu-
facture shall, as soon as possible, provide the State of Ghana
with any relevant information available to them regarding the
aircraft and flight crew involved in the accident or serious
incident. Each State shall also inform the State of Ghana
whether it intends to appoint an accredited representative and
if such an accredited representative is appointed, the name
contact details as well as the expected date of arrival if the
accredited representative will travel to the State of Ghana.
13.18.4 Upon receipt of the notification, the State of the Operator shall,
with a minimum delay and by the most suitable and quickest
means available, provide the State of Ghana with details of
dangerous goods on board the aircraft.
13.19 ACCIDENTS OR SERIOUS INCIDENTS IN THE TERRI

TORY OF THE STATE OF REGISTRY, IN A NON-CON
TRACTING STATE OR OUTSIDE THE TERRITORY OF
ANY STATE
13.19.1 Responsibility of the State of Registry
13.19.2 Forwarding
13.19.3 When the State of Registry institutes the investigation of an
accident or serious incident, that State shall forward a notifi-
cation, in accordance with 13.18.7.1 and 13.18.6.1 above, with
a minimum of delay and by the most suitable and quickest
means available, to:
(a) the State of the Operator;

(b) the State of Design;
(c) the State of Manufacture; and
(d) the International Civil Aviation Organization,
when the aircraft is involved is of a maximum mass
of over 2 250 kg
38
13.20 RESPONSIBILITY OF THE STATE OF THE OPERATOR,

THE STATE OF DESIGN AND THE STATE OF MANU-
FACTURE
13.20.1 Information – Participation
13.20.2 Upon receipt of the notification the State of the Operator, the
State of Design and the State of Manufacture shall, upon
request, provide the State of Registry with any relevant
information available to them regarding the flight crew and
the aircraft involved in the accident or serious incident. Each
State shall also inform the State of Registry whether it intends
to appoint an accredited representative, and if such an
accredited representative is appointed, the name and contact
details; as well as the expected date of arrival if the accredited
representative will be present at the investigation.
13.20.3 The state of Registry, the State the Operator, the State of
Design and the State
of Manufacture should acknowledge receipt of notification
of an accident or serious incident.
13.20.4 Upon receipt of the notification, the State of the Operator

shall, with a minimum of delay and by the most suitable and
quickest means available that is by faxing or E-mail provide
the State of Registry with details of dangerous goods on board
the aircraft.
13.21 RESPONSIBILITY OF THE STATE OF REGISTRY

(GHANA) WHERE NOT THE STATE OF OCCURRENCE
13.21.1 APPLICABILITY
(a) This section is applicable to international obligations in the

event of an accident or incident investigation where Ghana
is not the State of Occurrence, but is the -
39
(1) State of Registry;

(2) State of the Operator;
(3) State of Manufacturer; or
(4) State of Design.
13.21.2 ACTIONS FOLLOWING RECEIPT OF NOTIFICATION

(a) The Authority shall acknowledge receipt of the no-
tification of an accident or serious incident from
the State of Occurrence.
(b) The Authority shall also inform the State of Occur-
rence—
(1) whether it intends to appoint an accredited
representative; and
(2) if such an accredited representative is
appointed, the name and contact details; as well
as
(3) the expected date of arrival if the accredited
representative will be present at the investigation.
13.21.3 TIMELY PROVISION OF RELEVANT INFORMATION

(a) Upon receipt of the notification, the Authority shall,
upon request, provide the State of Occurrence with
any relevant information available to them regard-
ing the flight crew and the aircraft involved in the
accident or serious incident.
(b) Upon receipt of the notification, the Authority
shall, with a minimum of delay and by the most
suitable and quickest means available, provide the
State of Occurrence with details of dangerous goods
on board the aircraft.
13.21.4 PROVISION OF ADDITIONAL INFORMATION

(a) The Authority shall, on request from the State
conducting the investigation of an accident or an
incident, provide that State with all the relevant
information available to the Authority.
(b) The Authority shall, when the facilities or services
of Ghana have been, or would normally have been,
used by an aircraft prior to an accident or an incident,
and if it has information pertinent to the investiga-
tion, shall provide such information to the State
conducting the investigation.
40
13.21.5 PROTECTION & PROVISION OFF LIGHT RECORDER

RECORDS
When an aircraft involved in an accident or a serious incident

lands in Ghana, the Authority shall, on request from the State
conducting the investigation, furnish the latter State with the -
(1) flight recorder records; and
(2) if necessary, the associated flight recorders.
13.21.6 PROVISION OF RELATED ORGANISATION INFOR

MATION
The Authority shall, on request from the State conducting

the investigation, shall provide pertinent information on any
organisation whose activities may have directly or indirectly
influenced the operation of the aircraft.
13.21.7 REQUIRED APPOINTMENT OF AN ACCREDITED

REPRESENTATIVE
When the State conducting an investigation of an accident

to an aircraft of a maximum mass of over 2250 kg specifi-
cally requests participation of Ghana, the Minister shall
appoint an accredited representative.
13.21.8 ACTION ON SAFETY RECOMMENDATIONS

(a) When the Authority receives proposed safety recommen-
dations from another State based on an accident or
incident investigation, an evaluation of the proposals shall
be conducted.
(b) Following that evaluation, the Authority shall inform the
proposing State of the—
(1) Preventive action taken or under consideration;
(2) Reasons why no action will be taken; or
(3) Alternative proposals for preventive action other
than the original safety recommendations.
41
13.21.9 RIGHT OF PARTICIPATION IN INVESTIGATION

13.21.91 APPLICABILITY
(a) This section provides the requirements for allowing the
participation of accredited representatives, their advisors
and other experts to assist in the accident investigation,
reports and safety recommendations.
(b) The investigator in charge will ensure that these persons are
included in the accident and incident investigation to the
extent of their entitlement.
13.21.9.2 STATES ENTITLED TO APPOINT A REPRESENTATIVE
(a) The following States are entitled to appoint an accredited
representative to participate in an accident or incident
investigation conducted by the Authority –
(1) The State of Registry;
(2) The State of the Operator;
(3) The State of Design; and
(4) The State of Manufacture.
(b) The State that designed or manufactured the power plant
or major components of the aircraft shall also be invited to
participate in the investigation of an accident.
(c) Any State which on request provides information, facilities
or experts to the Authority shall be entitled to appoint an
accredited representative to participate in the investigation.
(d) Any State that provides an operational base for field inves-
tigations, or is involved in search and rescue or wreckage
recovery operations, or is involved as a State of a code-share
or alliance partner of the operator, shall also be invited to
appoint an accredited representative to participate in the
investigation.
13.21.9.3 ADDITIONAL INVITED PARTICIPANTS
(a) If neither the State of Registry, nor the State of the Opera-
tor appoint an accredited representative, the Authority shall
invite the operator to participate, subject to the procedures
of the State conducting the investigation.
42
(b) When neither the State of Design nor the State of Manu-
facture appoints an accredited representative, the Authority
shall invite the organisations responsible for the type
design and the final assembly of the aircraft to participate,
subject to the procedures of the Authority.
13.21.9.4 APPOINTMENT OF ADVISORS TO THE ACCREDITED
REPRESENTATIVES
(a) The State of Registry or the State of the Operator may
appoint one or more advisors, proposed by the operator, to
assist its accredited representative.
(b) The State of Design and the State of Manufacture shall be
entitled to appoint one or more advisors, proposed by the
organisations responsible for the type design and the final
assembly of the aircraft, to assist their accredited represen-
tatives.
13.22 INVESTIGATION
13.22.1 RESPONSIBILITY FOR INSTITUTING AND CON-
DUCTING THE INVESTIGATION
13.22.2 Accidents or Incidents Occurring in the Territory of the State
of Ghana
13.22.2.1 The State of Ghana shall institute an investigation into the
circumstances of the accident. The State of Ghana shall also
be responsible for the conduct of the investigation, but it may
delegate the whole or any part of the conducting of such inves-
tigation to another State by mutual arrangement and consent.
In any event the State of Ghana shall use every means to facilitate
the investigation.
13.22.2.2 The State of Ghana will institute an investigation into the
circumstances of a serious incident. The State of Ghana may
delegate the whole or any part of the conducting of such in-
vestigation to another State by mutual consent. In any event
the State of Ghana will use every means to facilitate the inves-
tigation.
43
13.22.3 ACCIDENTS OR INCIDENTS IN THE TERRITORY OF

A NON- CONTRACTING STATE
13.22.3.1 When the accident or the serious incident has occurred to a

Ghanaian registered aircraft in the territory of an non-
Contracting State which does not intend to conduct an inves-
tigation in accordance with these Regulations, Ghana, the State
of the Operator, the State of Design or the State of Manufacture
must endeavour to institute and conduct an investigation in
co-operation with the State of Ghana but, failing such co-op-
eration, the State of Ghana shall itself conduct an investiga-
tion with such information as is available.
13.22.3.2 Any state which on request provides information, facilities or

experts to the Authority conducting the investigation shall be
entitled to appoint an accredited representative to participate
in the investigation.
13.22.3.3 Any state that provides an operational base for field investi-
gation or is involved in search and rescue or wreckage recovery
operations or, is involved as a state of a code share or alliance
partner of the operator may also be invited to appoint an
accredited representative to participate in the investigation.
13.22.3.4 Accidents or Serious Incidents outside the Territory of any

State
13.22.3.5 State of Registry
13.22.3.6 When the location of the accident or the serious incident

cannot definitely be established as being in the territory of any
State, the State of Registry shall institute and conduct any
necessary investigation of the accident or serious incident.
However, it may delegate the whole or any part of the investi-
gation to another State by mutual arrangement and consent.
44
13.22.3.7 States nearest the scene of an accident in international waters

shall provide such assistance as they are able and shall, like-
wise, respond to requests by the State of Registry.
13.22.3.8 If the State of Registry is a non-contracting State which does

not intend to conduct an investigation in accordance with these
Regulations, the State of the Operator or, failing that, the State
of Design or the State of Manufacture will endeavour to insti-
tute and conduct an investigation. However, it may delegate
the whole or any part of the investigation to another State by
mutual arrangement and consent.
13.22.4 ORGANISATION AND CONDUCT OF THE INVESTI-

GATION
13.22.4.1 Responsibility of the State Conducting the investigation
13.22.4.1.1 General In Ghana, the accident investigation Board shall have

independence in the conduct of the investigation and have
unrestricted authority over its conduct, consistent with the
provisions of these Regulations. The investigation shall include:
(a) the gathering, recording and analysis of all available

relevant information on that accident or incident;
(b) if appropriate, the issuance of safety recommendations;
(c) if possible, the determination of the causes; and
(d) the completion of the Final Report.
When possible, the scene of the accident shall be visited, the

wreckage examined and statements taken from witnesses.
13.22.4.2 Investigator-in-charge – Designation
The State conducting the investigation shall designate the

investigator-in-charge of the investigation and shall initiate the
investigation immediately.
45
13.22.4.3 Investigator-in-charge – Access and control
The investigator-in-charge shall have unhampered access to

the wreckage and all relevant material, including flight recorders
and ATS records, and shall have unrestricted control over it to
ensure that a detailed examination can be made without delay
by authorised personnel participating in the investigation.
13.22.4.4 Flight recorders – Accidents and incidents
13.22.4.4.1 Effective use shall be made of flight recorders in the investiga-

tion of an accident or an incident. The State of conducting
the investigation shall arrange for the read-out of the flight
recorders without delay.
13.22.4.4.2 In the event that the State of Ghana conducting the investiga-
tion of an accident or an incident does not have adequate
facilities to read out the flight recorders, it shall use the facilities
made available to it by other States, giving consideration to
the followings:
(a) the capabilities of the read-out facility;

(b) the timeliness of the read-out; and
(c) the location of the read-out facility.
13.22.4.5 Autopsy examinations
The State of Ghana conducting the investigation into a fatal
accident shall arrange for complete autopsy examination of
fatally injured flight crew and, subject to the particular circum-
stances, of fatally injured passengers and cabin attendants, by
a pathologist, preferably experienced in accident investigation.
These examinations shall be expeditious and complete.
13.22.4.6 Medical Examinations
46
When appropriate, the State of Ghana conducting the inves-

tigation shall arrange for medical examination of the crew,
passengers and involved aviation personnel, by a physician,
preferably experienced in accident investigation. These exami-
nations shall be expeditious.
13.22.4.7 Co-ordination – Judicial authorities
13.22.4.7.1 The State of Ghana conducting the investigation shall recog-

nise the need for co-ordination between the investigator-
in-charge 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 readouts
of flight recorder recordings.
13.22.4.7.1 Any judicial or administrative proceedings to apportion blame

or liability should be separate from any investigations
conducted under the provisions of these regulations.
13.22.4.8 Informing aviation security authorities 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.
13.22.4.9 Non-disclosure of recorders
13.22.4.9.1 The following records shall not be made available for pur-
poses other than accident or incident investigation, unless
the appropriate authority for the administration of justice
in Ghana or in any other 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;
47
(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) recordings and transcriptions of recordings from air traffic
control units
(e) cockpit voice recordings and transcripts from such record-
ings; and
(f) opinions expressed in the analysis of information including
flight recorder information
13.22.4.9.2 These records shall be included in the final report or its appen-
dices only when pertinent to the analysis of the accident or
incident. Parts of the records not relevant to the analysis shall
not be disclosed.
13.22.5 Responsibility Of Any Other State
13.22.5.1 Information – Accidents and incidents
Any State shall, on request from the State of Ghana conduct-

ing the investigation of an accident or an incident, provide
the State of Ghana with all the relevant information available
to it.
13.22.5.2 Pertinent information – Accidents and incidents
Any State, the facilities or services of which have been, or

would normally have been, used by an aircraft prior to an
accident or an incident wherever it occurred, and which has
information pertinent to the investigation, shall provide such
information to the State of Ghana conducting the investiga-
tion.
48
13.22.6 RESPONSIBILITY OF THE STATE OF REGISTRY AND

THE STATE OF THE OPERATOR
Flight Recorder – Accidents and serious incidents
13.22.6.1 When an aircraft involved in an accident or a serious

incident lands in a State other than the State of Ghana,
the State of Registry or the State of the Operator shall, on
request from the State of Ghana conducting the investiga-
tion, furnish the latter State with the flight recorder records
and, if necessary, the associated flight recorders.
13.22.6.2 Organisational information
13.22.6.3 The State of Registry and the State of the Operator, on

request from the State of Ghana conducting the investiga-
tion, shall provide pertinent information on any organi-
sation whose activities may have directly or indirectly
influenced the operation of the aircraft.
13.22.7 PARTICIPATION IN THE INVESTIGATION
13.22.7.1 PARTICIPATION OF THE STATE OF REGISTRY,

THE STATE OF THE OPERATOR, THE STATE OF
DESIGN AND THE STATE OF MANUFACTURE
13.22.7.2 Rights
13.22.7.2.1 The State of Registry, the State of the Operator, the State
of Design and the State of Manufacture shall each be
entitled to appoint an accredited representative to partici-
pate in the investigation.
13.22.7.2.2 The State of Registry and the State of the Operator shall
appoint one or more advisers proposed by the operator, to
assist its accredited representative.
49
13.22.7.2.3 When neither the State of Registry, nor the State of the
Operator appoint an accredited representative, the State
conducting the investigation should invite the operator to
participate, subject to the procedures of the State conducting
the investigation.
13.22.7.2.4 The State of Design and the State of Manufacture shall be

entitled to appoint one or more advisers, proposed by the
organisations responsible for the type design and the final
assembly of the aircraft, to assist their accredited repre-
sentatives
13.22.7.2.5 When neither the State of Design or the State of Manufac-

ture shall appoint an accredited representative, the State
of Ghana conducting the investigation shall invite the
organisations responsible for the type design and final
assembly of the aircraft to participate, subject to the pro-
cedures of the State of Ghana conducting the investigation
13.22.7.3 Obligations
13.22.7.3.1 When the State of Ghana conducting an investigation of

an accident to an aircraft of a maximum mass of over 2
250 kg specifically requests participation by the State of
Registry, the State of the Operator, the State of Design or
the State of Manufacture, the State(s) concerned shall each
appoint an accredited representative.
13.22.8 PARTICIPATION OF OTHER STATES
13.22.8.2 Rights
Any State which on request provides information,

facilities or experts to the State of Ghana conducting the
investigation shall be entitled to appoint an accredited
representative to participate in the investigation.
50
13.22.8.3 ENTITLEMENT OF ACCREDITED REPRESENTA-

TIVES
13.22.8.3.1 Advisers
13.22.8.3.1.1 A State entitled to appoint an accredited representative

shall also be entitled to appoint one or more advisers to
assist the accredited representative in the investigation.
13.22.8.3.1.2 Advisers assisting an accredited representative shall be

permitted under the accredited representatives’ supervision,
to participate in the investigation to the extent necessary
to enable the accredited representatives to make their
participation effective.
13.22.8.4 PARTICIPATION
13.22.8.4.1 Participation in the investigation shall confer entitlement

to participate in all aspects of the investigation, under the
control of the investigator-in-change, in particular to:
(a) visit the scene of the accident;

(b) examine the wreckage;
(c) obtain witness information and suggest areas of
questioning;
(d) have full access to all relevant evidence as soon as
possible;
(e) receive copies of all pertinent documents;
(f) participate in read-outs of recorded media;
(g) participate in off-scene investigative activities such
as component examinations, technical briefings,
tests and simulations;
(h) participate in investigation progress meetings
including deliberations related to analysis, findings,
causes and safety recommendations; and
(i) make submissions in respect of the various elements
of the investigation.
51
13.22.8.4.2 However, participation of State other than the State of

Registry, the State of the Operator, the State of Design
and the State of Manufacture may be limited to those matters
which entitled such States to participation under 13.7.7.2.1.
13.22.8.5 OBLIGATIONS
13.22.8.5.1 The Accredited Representative and their advisers:
(a) shall provide the State conducting the investigation

with all relevant information available to them; and
(b) shall not divulge information on the progress and
the findings of the investigation without the express
consent of the State conducting the investigation.
13.22.9 PARTICIPATION OF STATES HAVING SUFFERED

FATALITIES OR SERIOUS INJURIES TO ITS CITI-
ZENS
13.22.9.3.1 Rights and entitlement
A State which has a special interest in an accident,

wherever it occurred, by virtue of fatalities or serious
injuries to its citizens shall, upon making a request to do
so, be permitted by the State of Ghana conducting the
investigation to appoint an expert who should be entitled
to:
(a) visit the scene of the accident;

(b) have access to the relevant factual information;
(c) participate in the identification of the victims;
(d) assist in questioning surviving passengers who are
citizens of the expert’s State; and
(e) receive a copy of the Final Report.
52
13.23 ADREP REPORTING

The provision of this subject may require two separate
reports for any one Accident or Incident. They are
(a) Preliminary Report and
(b) Accident/Incident Data Report
13.23.1 PRELIMINARY REPORT

13.23.1.1 Responsibility Of The State Of Ghana Conducting The
Investigation. – Accidents wherever they occurred to
13.23.1.2 Aircraft over 2 250 kg
13.23.1.2.1 When the aircraft involved in an accident, is of a maximum
mass of over 2 250 kg, the State of Ghana conducting the
investigation shall send the Preliminary Report to:
(a) the State of Registry or the State of Ghana, as
appropriate;
(d) the State of Manufacture;
(e) any State which provided relevant information,
significant facilities or experts; and
(f) the International Civil Aviation Organization.
13.23.1.3 Aircraft of 2 250 kg or less
13.23.1.3.1 When an aircraft, not covered by 13.24.3.1 above,
is involved in an accident, and when airworthines or
matters considered to be of interest to other States are
involved, the State of Ghana conducting the investigation
shall forward the Preliminary Report to
(a) the State of Registry or the State of Ghana, as
appropriate;
(d) the State of Manufacture; and
(e) any State which provided relevant information, sig-
nificant facilities or experts.
53
13.23.2 Language
13.23.2.1 The Preliminary Report shall be submitted to appropriate

States and to the International Civil Aviation Organiza-
tion in one of the working languages of ICAO.
13.23.3 Dispatch
13.23.3.1 The Preliminary Report shall be sent by facsimile, e-mail

or airmail within thirty days of the date of the accident
unless the Accident/Incident Data Report has been sent by
that time. When matters directly affecting safety are
involved it shall be sent as soon as the information is avail-
able and by the most suitable and quickest means available.
13.24 ACCIDENT/INCIDENT DATA REPORT
13.24.1 RESPONSIBILITY OF THE STATE OF GHANA CON-

DUCTING THE INVESTIGATION.
13.24.2 Accident to Aircraft over 2 250 kg
13.24.2.1 When the aircraft involved in an accidents of a maximum

mass of over 2 250 kg, the State of Ghana conducting the
investigation shall send, as soon as practicable after the
investigation, the Accident Data Report to the Interna-
tional Civil Aviation Organization.
13.24.3 Additional Information
13.24.3.1 Accidents and incidents wherever they occurred
13.24.3.2 The State of Ghana conducting the investigation shall, upon

request, provide other States with pertinent information
additional to that made available in the Accident/Incident
Data Report.
54
13.24.4 Incidents to Aircraft over 5 700 kg
13.24.4.1 If the State of Ghana conducts an Investigation into an

aircraft of a maximum mass of over 5,700 kg, it shall send,
as soon as practicable after the investigation, the Incident
Data Report to the International Civil Aviation Organisa-
tion.
13.25 FINAL REPORT
13.26 RESPONSIBILITY OF ANY STATE
13.25.2 Release of information – Consent
13.25.2.1 No State shall not circulate, publish or give access to a draft

report or any part thereof, or any documents obtained
during an investigation of an accident or incident,
without the express consent of the State of Ghana which
conducted the investigation, unless such reports or docu-
ments have already been published or released by the State
of Ghana.

CONDUCTING THE INVESTIGATION
13.25.2 Consultation
13.25.2.1 The State of Ghana conducting the investigation shall send

a copy of the draft Final Report to that State which insti-
tuted the investigation and to all States that participated in
the investigation, inviting their significant and substanti-
ated comments on the report as soon as possible. The draft
Final Report of the investigation shall be sent for comments
to:
(a) the State of Registry;

(c) the State of Design; and
(d) the State of Manufacture.
55
13.25.2.2 If the State of Ghana conducting the investigation receives

comments within sixty days of the date of the transmittal
letter it shall either amend the draft Final Report to
include the substance of the comments received, append
the comments to the Final Report. If the State of Ghana
conducting the investigation receives no comments within
sixty days of the date of the first transmittal letter, it shall
issue the Final Report in accordance with 6.10, unless an
extension of that period has been agreed by the States
concerned.
13.25.2.3 The State of Ghana conducting the investigation may send,

through the State of the Operator, a copy of the draft
Final Report to the operator to enable the operator to
submit comments on the Final Report.
13.25.2.4 The State of Ghana conducting the investigation may send,

through the State of Design and the State of the Manufac-
ture a copy of the draft Final Report to the organisations
responsible for the type, design and the final assembly of
the aircraft to enable them to submit comments on the draft
Final Report
13.25.3 Recipient States
13.25.3.1 The Final Report of the investigation of an accident shall

be sent with a minimum of delay by the State of Ghana
conducting the investigation to
(a) the State which instituted the investigation;

(b) the State of Registry
(c) the State of the Operator;
(d) the State of Design;
(e) the State of Manufacture;
(f) any State having suffered fatalities or serious inju-
ries to its citizens; and
(g) any State which provided relevant information,
significant facilities or experts.
56
13.25.4 Release of the Final Report
13.25.4.1 In the interest of accident prevention, the State of Ghana

conducting the investigation of an accident shall publish
the Final Report as soon as possible.
13.25.4.2 The State of Ghana conducting the investigation may

release the Final Report in the shortest possible time and,
if possible, within twelve months of the date of the occur-
rence. If the report cannot be released within twelve
months, the State of Ghana conducting the investigation
may release an interim report on each anniversary of the
occurrence, detailing the progress of the investigation and
any safety issues raised.
13.25.4.3 When the State of Ghana which has conducted an investi-

gation into an accident involving an aircraft of a maxi-
mum mass of over 5700kg, wherever it occurred, has
published a Final Report, that State of Ghana shall send
to the International Civil Aviation Organization a copy
of the Final Report.
13.25.4.4 Safety recommendations
13.25.4.4.1 At any stage of the investigation of an accident or incident,

the accident or incident investigation authority of the State
conducting the investigation shall recommend to the
appropriate authorities, including those in other States,
any preventive action that it considers necessary to be
taken promptly to enhance aviation safety.
13.25.4.4.2 A State conducting investigation of accidents or incidents

shall address, when appropriate, any safety recommenda-
tions arising out of its investigation authorities of other
State(s) concerned and, when ICAO documents are
involved, to ICAO.
57
13.25.5 RESPONSIBILITIES OF A STATE RECEIVING

SAFETY RECOMMENDATIONS
13.25.6 Action on safety recommendations
13.25.6.4 A State that receives safety recommendations shall inform

the proposing State of the preventive action taken or
under consideration, or the reasons why no action will be
taken.
13.26 ACCIDENT PREVENTION MEASURES
13.26.1 Incident reporting systems
13.26.1.1 The State of Ghana shall establish a mandatory incident

reporting system to facilitate collection of information on
actual or potential safety deficiencies.
13.26.1.2 The State of Ghana shall establish a voluntary incident

reporting system to facilitate the collection of information
that may not be captured by a mandatory incident report-
ing system.
13.26.1.3 A voluntary incident reporting system shall be non-puni-

tive and afford protection to the sources of information.
13.26.2 Data base systems
13.26.2.1 The State of Ghana shall establish an accident and incident

database, to facilitate effective analysis of the information
obtained including that from its incident reporting systems.
13.26.2.2 The database shall use standardised formats to facilitate

data exchange.
13.26.2.3 Analysis of data- Preventive actions
58
13.26.2.3.1 The State of Ghana having established an accident and

incident database and an incident reporting system shall
analyse the information contained in its accident/incident
reports and the database to determine any preventive
actions required.
13.26.2.3.2 If the State of Ghana, in the analysis of the information

contained in its database, identifies safety matters consid-
ered to be of interest to other States, the State of Ghana
shall forward such information to them as soon as
possible.
13.26.2.3.2.1 In addition to safety recommendations arising from the

accident and incident investigations, safety recommenda-
tions may result from diverse sources, including safety studies.
If safety recommendations are addressed to an
organisations in another State’s investigation authority.
13.26.3 Exchange of safety information the State of Ghana shall

promote the establish of safety information sharing net-
works among all users of the aviation systems and shall
facilitate the free exchange of information on actual and
potential safety deficiencies
13.27 FORMAT OF THE FINAL REPORT
13.27.1 PURPOSE
For presentation of the Final Report in a convenient and

uniform manner, the format below is provided:
13.27.2 FORMAT
13.27.2.1 Title. The Final Report begins with a title comprising:
59
Name of the operator; manufacturer, model, nationality

and registration marks of the aircraft; place and date of
the accident or incident.
13.27.2.3 Synopsis. Following the title is a synopsis describing briefly all

relevant information regarding:
Notification of accident to national and foreign authori-

ties; identification of the accident investigation authority
and accredited representation; organisation of the
investigation; authority releasing the report and date of
publication; and concluding with a brief résumé of the
circumstances leading to the accident.
13.27.2.4 Body. The body of the Final Report shall comprise of the
following main headings:
(i) Factual information

(ii) Analysis
(iii) Conclusions
(iv) Safety recommendations
each heading consisting of a number of sub-headings as

outlined in the following.
13.27.3 Factual Information
13.27.4 The investigator-in-charge of the accident shall present the

report with
13.27.4.1 History of the flight. A brief narrative giving the following

information:
(i) Flight number, type of operation, last point

of departure, time of departure (local time or
UTC), point of intended landing.
60
ii) Flight preparation, description of the flight and

events leading to the accident, including recon-
struction of the significant portion of the flight
path, if appropriate.
iii) Location (latitude, longitude, elevation), time

of the accident (local time or UTC), whether
day or night.
13.27.4.2 Injuries to persons. Completion of the following (in numbers):
Injuries Crew Passengers Others
Fatal
Serious
Minor/None
13.27.4.3 Damage to aircraft. Brief statement of the damage sus-

tained by aircraft in the accident (destroyed, substantially
damaged, slightly damaged, no damage).
13.27.4.4 Other damage. Brief description of damage sustained by
objects other than the aircraft.
13.27.4.5 Personnel information:
(a) Pertinent information concerning each of the flight

crew members including: age, validity of licences,
ratings, mandatory checks, flying experience (total
and on type) and relevant information on duty time.
(b) Brief statement of qualifications and experience of
other crew members.
(c) Pertinent information regarding other personnel, such
as air traffic services, maintenance, etc., when relevant
61
13.27.4.6 Aircraft information:

(a) Brief statement on airworthiness and maintenance
of the aircraft (indication of deficiencies known
prior to and during the flight to be included, if
having any bearing on the accident).
(b) Brief statement on performance, if relevant, and

whether the mass and centre of gravity were within
the prescribed limits during the phase of operation
related to the accident. (If not and if of any bearing
on the accident give details.)
(c) Type of fuel used.
13.27.4.7 Meteorological information:
(a) Brief statement on the meteorological conditions

appropriate to the circumstances including both fore-
cast and actual conditions, and the availability of
meteorological information to the crew.
(b) Natural light conditions at the time of the accident

(sunlight, moonlight, twilight, etc.).
13.27.4.8 Aids to navigation. Pertinent information on navigation

aids available, including landing aids such as ILS, MLS,
NDB, PAR, VOR, visual ground aids, etc., and their
effectiveness at the time.
13.27.4.9 Communications. Pertinent information on aeronautical

mobile and fixed service communications and their
effectiveness.
13.27.4.10 Aerodrome information. Pertinent information associ-

ated with the aerodrome, its facilities and condition, or
with the take-off or landing area if other than an aerodrome.
62
13.27.4.11 Flight recorders. Location of the flight recorder installa-

tions in the aircraft, their condition on recovery and perti-
nent data available there from.
13.27.4.12 Wreckage and impact information. General information

on the site of the accident and the distribution pattern of
the wreckage; detected material failures or component
malfunctions. Details concerning the location and state of
the different pieces of the wreckage are not normally
required unless it is necessary to indicate a break-up of the
aircraft prior to impact. Diagrams, charts and photographs
may be included in this section or attached in the Appen-
dices.
13.27.4.13 Medical and pathological information. Brief description
of the results of the investigation undertaken and pertinent
data available therefrom.
13.27.4.14 Fire. If fire occurred, information on the nature of the
occurrence, and of the fire fighting equipment used and its
effectiveness.
13.27.4.15 Survival aspects. Brief description of search, evacuation
and rescue, location of crew and passengers in relation to
injuries sustained, failure of structures such as seats and
seat-belt attachments.
13.27.4.16 Tests and research. Brief statements regarding the results
of tests and research.
13.27.4.17 Organisational and management information. Pertinent
information concerning the organizations and their
management involved in influencing the operation of the
aircraft. The organisations include, for example, the
operator; the air traffic services, airway, aerodrome and
weather service agencies; and the regulatory authority. The
information could include, but not be limited to, organisa-
tional structure and functions, resources, economic status,
management policies and practices, and regulatory frame-
work.
63
13.27.4.18 Additional information. Relevant information not already

included in 13.8.3.1 to 13.8.3.7 above.
13.27.4.19 Useful or effective investigation techniques. When useful
or effective investigation techniques have been used during
the investigation, briefly indicate the reason for using these
techniques and refer here to the main features as well as
describing the results under the appropriate sub-headings
13.8.3.1 to 13.8.3.8.
13.28 ANALYSIS
13.28.1 Analyse, as appropriate, only the information documented
in 13.8.3. – Factual information and which is relevant to
the determination of conclusions and causes
13.29 CONCLUSIONS
13.29.1 The safety recommendations shall as appropriate list the

findings and causes established in the investigation. The
list of causes should include both the immediate and the
deeper systemic causes.
13.30 SAFETY RECOMMENDATIONS

13.30.1 The safety recommendations shall, as appropriate, briefly
state any observations and recommendations made for the
purpose of accident prevention and any resultant corrective
action. The recommendations shall include, as appropri-
ate, any other pertinent information considered necessary
for the understanding of the report.
13.31 APPENDIX
13.30.1 The Appendix may include as appropriate any other perti-

nent information considered as necessary for the under-
standing of the report. This may include graphs, sketches,
pictures, extracts etc. arising out of the investigation
64

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Ghana Civil

1. Section 1 of Act 678 amended

THE NINE HUNDRED AND SIXTH

GHANA CIVIL AVIATION (AMENDMENT) ACT, 2016

Section 1 of Act 678 amended

(ii) advising the Government on matters relating to civil

(v) acting internationally as the national Authority

(c) for the provision of air navigation services including

(e) for the establishment and regulation of airports and aero-

Director-General shall ensure that such functions

“(1) The Director-General may issue Directives for”;

(xiii) adopting resolutions that require

Section 22 of Act 678 amended

Section 24 of Act 678 amended

Section 27 of Act 678 amended

“Application of International Air Law Instruments

(4) The provisions contained in the Convention for the

Section 36 of Act 678 amended

is liable on conviction to imprisonment for life and any

Section 40 of Act 678 amended

Section 40C inserted

(2) A person shall not erect or construct a structure close to

13.21 Responsibility of The State of Registry (Ghana) Where Not

13.22.1 Responsibility For Instituting And Conducting The Investigation

13.25.1 Responsibility Of The State Of Ghana Conducting The

(2) Accident: An occurrence associated with the operation

(ii) would normally require major repair or replace-

(c) the aircraft is missing or is completely inaccessible.

(d.) Direct exposure to jet blast, except when the

(9) Civil aircraft: Any aircraft other than a State aircraft

(10) Dangerous goods accident: An occurrence associated

(11) Dangerous goods incident: An occurrence, other than

(12) Dangerous goods transport document: A document

(22) Occurrence. In relation to an aircraft, this means any

(24) Preliminary Report: The communication used for the

(25) Safety recommendation: A proposal of the accident

(26) Serious incident: An incident involving circumstances

(27) Serious injury: An injury which is sustained by a person

(28) State of Design: The State having jurisdiction over the

(29) State of Manufacture: The State having jurisdiction over

(30) State of Occurrence: The State in the territory of which

(31) State of the Operator: The State in which the operator’s

(32) State of Registry: The State on whose register the

(33) Substantial damage: Damage or failure which adversely

13.3 OBJECTIVE OF THE INVESTIGATION

13.3.1 The sole objective of the investigation of an accident or

13.4 PERSONS LIABLE TO NOTIFY

13.4.1 The person liable to notify the accident to the Director-

13.4.2 In the event that an accident occurs around an aerodrome, the

13.4.3 If an accident happens outside the vicinity of the airport or

13.5 REPORT ON ACCIDENTS/INCIDENTS

13.5.1 The persons in command or the owners of an aircraft which

13.6 POWER TO APPOINT INVESTIGATOR-IN-CHARGE

13.6.1 The Minister responsible for Aviation shall when an accident

13.6.2 QUALIFICATION OF INVESTIGATOR

13.6.3 Without prejudice to the power of an investigator-in-charge

13.7 POWERS OF INVESTIGATOR-IN-CHARGE

13.7.1 For the purpose of the investigation an Investigator-in-charge

13.8 OBSTRUCTION OF INVESTIGATOR-IN-CHARGE

13.8.1 No person shall obstruct or impede an Investigator-in-charge