of December 31, 2010 No. 54
About approval of Aviation rules of the organization of investigation of the aviation events which happened to the state aircrafts of the Republic of Belarus, their classification and accounting
Based on article 81 of the Air code of the Republic of Belarus, the resolution of Council of Ministers of the Republic of Belarus of December 4, 2006 No. 1617 "About some measures for implementation of the Air code of the Republic of Belarus" and subitem 7.4 of Item 7 of the Regulations on the Ministry of Defence of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of December 7, 2006 No. 719 "Questions of the central bodies of military management of Armed Forces of the Republic of Belarus", the Ministry of Defence of the Republic of Belarus DECIDES:
1. Approve the enclosed Aviation rules of the organization of investigation of the aviation events which happened to the state aircrafts of the Republic of Belarus, their classification and accounting.
2. Declare invalid the resolution of the Ministry of Defence of the Republic of Belarus of November 1, 2004 No. 56 "About approval of Aviation rules of transmission of messages, investigation and accounting of aviation events in the state aircraft of the Republic of Belarus".
3. This resolution becomes effective since February 1, 2011.
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Minister lieutenant general |
Yu.V.Zhadobin |
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It is approved Minister of Emergency Situations of the Republic of Belarus lieutenant general of internal service November 11, 2010 |
E.R.Bariyev |
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It is approved Chairman of the State boundary committee of the Republic of Belarus major general November 23, 2010 |
I. A. Rachkovsky |
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It is approved Acting as Chairman of the State military-industrial committee of the Republic of Belarus November 15, 2010 |
R.A.Golovchenko |
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It is approved Chairman of Central office of republican state public association "Volunteer Society for Cooperation with the Army, Aviation, and Fleet of the Republic of Belarus" November 30, 2010 |
A. Ya. Stepuk |
Approved by the Resolution of the Ministry of Defence of the Republic of Belarus of December 31, 2010 No. 54
1. Aviation rules of the organization of investigation of the aviation events which happened to the state aircrafts of the Republic of Belarus, their classification and accounting (further - Aviation rules) are developed based on article 81 of the Air code of the Republic of Belarus.
2. In these Aviation rules are determined procedure for the organization of investigation of the aviation events which happened to the state aircrafts of the Republic of Belarus, to foreign state aircrafts in the territory of the Republic of Belarus, their classification, and also accounting treatment, developments of recommendations and actions for their prevention.
3. For the purposes of these Aviation rules the following terms and their determinations are used:
accident - aviation incident without the human victims *;
air unit - the organization or military unit subordinated to republican state body or republican state public association "Volunteer Society for Cooperation with the Army, Aviation, and Fleet of the Republic of Belarus" (further - DOSAAF), having AF (aircrafts) legally and using it for flights;
aviation incident (further - AI) - the aviation event connected with flight operation of the state aircraft (further - AF) which could create or created threat of integrity of the state AF and (or) life of persons which are on its board, but did not end with aviation incident;
aviation incident (further - AP) - the aviation event connected with flight operation of AF which led to death (to bodily harm from the death) any person which was onboard AF and (or) loss of this AF. AF is considered lost when: there was final fracture of AF; location of AF (its fragments) is not established and official searches are stopped; evacuation of AF from the place of its emergency landing is impossible or inexpedient irrespective of the damage sustained it; recovery of AF is impossible or economically inexpedient;
aviation division - aviation link, aviation group, aviation squadron or airmobile group, flight-test division of the organization manufacturer or repair organization, and also other primary aviation structure;
aviation event (further - the EXPERT) - the event connected with operation of AF during whom arose there (was) special situation;
aerotechnical laboratory - body of ensuring technical safety of flights of AF;
the state of the place of event - the state in the territory of which took place of AP;
the state of registration of AF - the state in which registers it is registered by AF;
the state operator of AF - the state in the territory of which there is the main place of the organization activity operating AF or if the organization operating AF does not take such place of activities, the permanent place of stay of this organization;
the interested states - the state of the place of event, registration of AF, the state operator of AF, the state having jurisdiction concerning the organization responsible for final assembly of AF, design of the AF type, and also the state which citizens died or sustained bodily harms in case of AP;
catastrophic crash - AP with the human victims or loss without message of passengers or crew members of AF;
the commission on investigation the EXPERT (further - the commission) - specially appointed group of persons, authorized to perform investigation the EXPERT;
flight operation of AF - the process of operation of AF covering the period from the beginning of carrying out AF by aircrew of pre-flight inspection and till the moment when all persons which were onboard AF for the purpose of flight left AF, except for persons which are carrying out postflight preparation (for the unmanned aerial vehicle (further - BLA), - the period from the beginning of carrying out BLA of pre-flight inspection of BLA by the operator and until landing of BLA by parachute method or switching off of the engine (engines) when landing BLA in an aircraft way (in a helicopter way);
land incident - the event which is not connected with flight operation of AF, took place in holding time, storages or transportations of AF in case of whom there was its damage or loss. The damages eliminated by replacement of aggregates and which are not requiring use of the technologies which are not provided in management (instruction) for technical operation of AF do not belong to land incidents;
dangerous factor - the potential reason (factor) which manifestation brought (brings or can bring) to origin and (or) development of special situation;
bodies of servicing of air traffic and management of flights (further - bodies of Department of Internal Affairs) - the operational bodies of the Single system of air traffic management and bodies of users of airspace of the Republic of Belarus performing servicing of air traffic and management of flights of AF;
special situation - the situation which arose in the course of flight operation of AF, as a result of manifestation (impact) of dangerous factors;
governing bodies of aircraft - the governing bodies and structural divisions of republican state bodies and DOSAAF performing the organization and operational management by activities of the state aircraft;
the reasons (factors) the EXPERT - actions, failure to act, circumstances, conditions or their combination which brought to the EXPERT;
investigation the EXPERT - the process including identification, collection and studying of information on the facts, conditions and circumstances relating to the considered event, carrying out researches, examinations and experiments, generalization and the analysis of the obtained data, preparation of the conclusion about the reasons the EXPERT and recommendations about results of investigation the EXPERT;
serious AI (further - SAI) - AI connected with emergence of the conditions which are characterized by substantial increase of probability of AP which prevention requires accomplishment by crew members of AF (the operator of BLA) and (or) by person of body of Department of Internal Affairs performing management and flight control of AF, the difficult and (or) emergency actions which are not applied in the conditions of normal flight of AF;
SAI with damage of AF (further - SAIP) - AI, in case of which recovery of AF who sustained damage, perhaps and economically reasonablly. The damages eliminated by replacement of aggregates and which are not requiring use of the technologies which are not provided in management (instruction) for technical operation of AF do not belong to serious aviation incidents with damage of AF;
the adviser to the authorized representative - the person having the corresponding qualification and giving help to the authorized representative in conducting investigation of AP;
structural division - the structural division of Armed Forces intended for implementation of functions of the Ministry of Defence of the Republic of Belarus (further - the Ministry of Defence) as specially authorized body in the field of defense on state regulation of activities of the state aircraft;
bodily harm from the death (only for the purpose of uniformity of statistical data) - bodily harm as a result of which within 30 days from the moment of incident there came death;
authorized body of safety of flights of the state aircraft - the Ministry of Defence authorized by regulatory legal acts of the Republic of Belarus to make investigations of aviation incidents with AF, to consider and classify aviation events with AF, and also to exercise interdepartmental control of activities of aviation personnel of the state aircraft in the part concerning safety of flights;
the authorized representative - person to whom the head of authorized body of safety of flights of the state aircraft charged to be involved in investigation the EXPERT, carried out in other state;
emergency - the event which is not relating to AP connected with operation of AF in case of whom there came one of the following effects:
loss of AF or death of the people who were on its board during fighting departure, as a result of act of terrorism, stealing or attempt of stealing of AF;
death of the people who were onboard AF as a result of adverse effects of external environment after its emergency landing out of airfield;
loss of AF or death of the people who were on the earth as a result of AP with other AF;
loss of AF or death of the people who were on its board in case of accomplishment of special tasks in zones of emergency state;
the operator of AF - the organization or other subject of the civil law having AF (aircrafts) on the property right, economic maintaining or operational management, and also based on the lease agreement, the agreement of chartering or other agreement and the using AF (aircrafts) for flights;
operation of AF ** - the stage of lifecycle of AF from the moment of acceptance by its air unit from the organization manufacturer or the repair organization which is set of commissioning, reduction in the established degree of readiness for proper use, maintenance in the established degree of readiness for this use, proper uses, storages and transportations.
______________________________
* Persons which were onboard AF whose death followed as a result of aviation incident or within 30 days from the moment of aviation incident treat the human victims.
** Test flights (flights) which are carried out by forces of flight-test divisions of the repair organizations on AF which underwent assembly and adjustment after completion (at the final stage) repair or upgrade belong to operation.
4. Everyone the EXPERT in the state aircraft is subject to obligatory investigation by the commission.
5. Investigation the EXPERT is made for the purpose of establishment of its reasons and taking measures to their prevention in the future. Establishment of someone's fault and responsibility is not the investigation purpose the EXPERT.
6. Financing of works on site the EXPERT and the works connected with investigation the EXPERT is performed according to the legislation of the Republic of Belarus and international treaties.
7. When carrying out investigative actions by law enforcement agencies upon the EXPERT the commission chairman coordinates the work with them.
8. In cases of restriction of access to the aircraft equipment and (or) withdrawals of separate details (fragments) of AF, onboard (land) carriers of means of objective control (further - JUICE), operational and other documentation (further - materials) representatives of law enforcement agencies the commander (chief) of air unit (the senior aviation chief of airfield) shall report immediately on it on the higher chief (on subordination) and to request the documents confirming competence of these actions from representatives of law enforcement agencies.
The commission chairman reports on restriction of access to the aircraft equipment and (or) withdrawal of separate details (fragments) of AF by representatives of law enforcement agencies to person who appointed the commission, and on its decision has the right to suspend investigation.
9. The EXPERT are subdivided into AP, AI, emergencies, land incidents.
10. AP depending on their effects are subdivided into catastrophic crashes and accidents.
11. AI depending on degree of their danger and effects are subdivided into AI, SAI and SAIP.
The following cases belong to SAI:
exit of AF out of limits of conditions of flight operation;
emergence of harmful effects (smoke, vapors, caustic substances, toxic gases, the increased or lowered temperature, pressure and to that similar) on crew members or passengers of AF;
considerable deterioration in characteristics of stability and controllability, flight and strength characteristics of AF;
considerable decrease in efficiency of crew members of AF;
substantial increase of psychophysiological load of crew members of AF;
emergence of real possibility of damage of the AF vital elements as a result of the fire, destructions or rassoyedineniya of elements of management, the non-local destruction of the engine, transmission and so forth.
12. In case of AP the official of body of Department of Internal Affairs (the command post (further - KP), control center (further - PU), exercising flight control AF to whom there was AP shall report immediately orally about it to the operations duty officer of the central command post (further - TsKP) governing body of aircraft of the Ministry of Defence (to the person on duty of service operational and on duty of republican state body or DOSAAF (to the dispatcher of aviation control office (further - ADP) - the operator of AF).
In the message on AP are specified:
date, time (local) receipts of information on AP;
type of AP and its effect;
the region of AP (coordinate of point of loss of radio communication and loss of mark from AF in the screen of radar station);
the AF type and the name of air unit (organization) operating AF;
airfield of departure;
the planned flight route;
flight task, meteoconditions;
data on the commander of crew, availability of passengers onboard;
data on availability onboard dangerous goods and their characteristic;
data on search and rescue works and need of rendering the additional help in their carrying out;
the planned airfield of landing.
13. The operations duty officer of TsKP of governing body of aircraft of the Ministry of Defence (the person on duty of service operational and on duty of republican state body or DOSAAF (dispatcher of ADP) - the operator of AF) immediately orally leads up information on AP, stipulated in Item 12 these Aviation rules, to the head of the structural unit and the commander (chief) of the air unit operating AF.
14. The operations duty officer of TsKP of governing body of aircraft of the Ministry of Defence (the person on duty of service operational and on duty of republican state body or DOSAAF (dispatcher of ADP), the commander (chief) of air unit) immediately orally reports the aviation accident on subordination to the head of republican state body or DOSAAF - the operator of AF.
In the message are specified:
date, time (local) AP;
type of AP and its effect;
the region of AP (coordinate of point of loss of radio communication and loss of mark from AF in the screen of radar station);
the AF type and the name of air unit (organization) operating AF;
airfield of departure;
the planned flight route;
flight task, meteoconditions;
data on the commander of crew, availability of passengers onboard;
data on availability onboard dangerous goods and their characteristic;
data on search and rescue works and need of rendering the additional help in their carrying out;
other authentic data.
In the absence of any of above-mentioned data for the purpose of exception of delay of transfer of the message on AP the report is submitted without these data.
15. The head of security service of flights (further - ORBP) governing body of aircraft of republican state body or DOSAAF (person fulfilling ORBP duties) - the operator of AF after receipt of the message on AP immediately orally informs the head of the structural unit. In writing information goes within 24 hours from the moment of incident according to Item 19 of these Aviation rules.
16. The procedure for transmission of messages about extraordinary (land) incident is similar to procedure for transmission of messages about the Apostle.
17. Persons on duty on KP (PU) of air unit, in body of Department of Internal Affairs, on TsKP of governing body of aircraft of the Ministry of Defence, service of republican state body operational and on duty or DOSAAF, the dispatcher of ADP conduct registers of operational information about aviation, extraordinary and land incidents in form according to appendix 1.
Information on aviation, extraordinary and land incidents with AF of the state aircraft, and also about aviation incidents with AF of civil aviation is registered (on specifying of the chief of ORBP of republican state body or DOSAAF).
The main requirements to information - objectivity and completeness.
18. The commander (chief) of the air unit operating AF sends the written message on aviation, extraordinary or land incident on subordination to the head of republican state body or DOSAAF within 24 hours from the moment of incident.
19. In the written message are specified:
date, time (local) aviation (extraordinary or land) incidents;
type aviation (extraordinary or land) incidents;
the area aviation (extraordinary or land) incidents (coordinates of point of loss of radio communication and loss of mark from AF in the screen of radar station, coordinate of the place of fall of AF);
the AF type and the name of air unit (organization) operating AF;
airfield of departure;
flight task, meteoconditions;
data on the crew members, passengers and load who were onboard AF;
effects aviation (extraordinary or land) incidents for crew members, passengers of AF and the environment;
data on search and rescue works and need of rendering the additional help in their carrying out;
other data about aviation (extraordinary or land) incident, the reports, known by the time of representation.
In the absence of any of above-mentioned data for the purpose of exception of delay of transfer of the message about aviation (extraordinary or land) incident the report is submitted without these data.
It is forbidden to transfer in the message presumable data on the reasons aviation (extraordinary or land) incidents.
20. Investigation of AP with piloted by AF (AP with BLA in case of which there was death of people) is conducted by the commission which is appointed by the head of authorized body of safety of flights of the state aircraft.
The commissions on proposals (approval) of the corresponding heads are included representatives of the operator of AF, other state bodies and organizations.
21. Investigation of AP from BLA which did not entail death of people is performed by the commission which is appointed by the head of republican state body or DOSAAF (the official, it authorized) - the operator of AF.
22. The commission chairman designates the official with the corresponding special preparation and, as a rule, having flight specialty.
Members of the commission designate the officials having the corresponding special preparation who cannot represent the interests of the insurance companies having financial liabilities before the legal entities and physical persons involved in AP, and not involved in the organization of preparation, accomplishment, providing or servicing of flight of AF to which there was Apostle.
Delivery (transportation) of members of the commission and persons involved in investigation to the place of AP will also be back organized by the head of republican state body or DOSAAF - the operator of AF.
23. The commission chairman on investigation of aviation event (further - the commission) will organize work of the commission, directs investigation and bears responsibility for objective establishment of the reasons of aviation event (further - the EXPERT). Orders and the instructions of the commission chairman concerning investigation the EXPERT are subject to compulsory execution by all officials who are involved in investigation the EXPERT.
24. The commission chairman shall:
organize work of the commission according to requirements of these Aviation rules and the plan of investigation the EXPERT;
organize investigation plan development the EXPERT and approve it;
create working bodies of the commission and approve their structure;
instruct members of the commission according to safety requirements during the work on site the EXPERT;
inspect the place of fall (emergency landing) of the aircraft (further - AF) and to give assessment to actions of officials for carrying out search and rescue works;
make the decision on the place of processing of materials of onboard (land) carriers of means of objective control (further - JUICE);
provide coordination in work of members of the commission and coordination of their actions during the investigation the EXPERT;
it is regular to hold commission sessions on which to hear reports on results of the works which are carried out by members of the commission and in connection therewith to coordinate further work on investigation the EXPERT;
to immediately inform the head of authorized body of safety of flights of the state aircraft (the official who appointed the commission) on identification of the facts of participation to the EXPERT of aviation personnel of other republican state bodies, DOSAAF or other organizations;
exercise control of completeness, timeliness, comprehensiveness, objectivity of investigation the EXPERT and the correct document creation of this investigation;
analyze the data received during the investigation the EXPERT and on final commission session to draw conclusions on the reasons the EXPERT;
prepare at the scheduled time the report on results of investigation the EXPERT and the documents constituted by results of investigation the EXPERT;
carry out with administrative board of air unit analysis of circumstances the EXPERT;
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The document ceased to be valid since August 5, 2022 according to Item 2 of the Resolution of the Ministry of Defence of the Republic of Belarus of May 11, 2022 No. 23