RESOLUTION OF THE STATE MILITARY-INDUSTRIAL COMMITTEE OF THE REPUBLIC OF BELARUS

of October 23, 2015 No. 6

About approval of Aviation rules of the organization of investigation of the aviation events which happened to experimental aircrafts of the Republic of Belarus, their classification and accounting

Based on article 6 of the Air code of the Republic of Belarus and the resolution of Council of Ministers of the Republic of Belarus of August 6, 2015 No. 665 "About approval procedure of the aviation rules regulating activities in the field of experimental aircraft, and the list of positions of aviation personnel of experimental aircraft of the Republic of Belarus" the State military-industrial committee of the Republic of Belarus DECIDES:

1. Approve the enclosed Aviation rules of the organization of investigation of the aviation events which happened to experimental aircrafts of the Republic of Belarus, their classification and accounting.

2. This resolution becomes effective in 15 days after its signing.

Approved by the Resolution of the State military-industrial committee of the Republic of Belarus of October 23, 2015 No. 6

Aviation rules of the organization of investigation of the aviation events which happened to experimental aircrafts of the Republic of Belarus, their classification and accounting

Section I. General provisions

Chapter 1. Basic provisions

1. These Aviation rules developed based on the Air code of the Republic of Belarus (further - the Air code), the Presidential decree of the Republic of Belarus of April 13, 2015 "About modification and amendments in the Presidential decree of the Republic of Belarus" and resolutions of Council of Ministers of the Republic of Belarus of August 6, 2015 No. 665 "About approval procedure of the aviation rules regulating activities in the field of experimental aircraft, and the list of positions of aviation personnel of experimental aircraft of the Republic of Belarus" is regulated No. 164 procedure for the organization of investigation of the aviation events which happened to experimental aircrafts of the Republic of Belarus, their classification and accounting.

2. Requirements of these Aviation rules are obligatory for all subjects of legal relationship to whom operation of the Air code, and also participants of investigation of aviation events extends.

3. For the purposes of these Aviation rules the following main terms and their determinations are applied:

accident - aviation incident without the human victims;

aviation event (further - the EXPERT) - the event connected with operation of the experimental aircraft during which arose there (was) special situation;

aviation incident (further - AP) - the EXPERT, connected with flight operation of the experimental aircraft which led to death of any person and (or) loss of this aircraft;

aviation incident (further - AI) - the EXPERT, AP connected with flight operation of the experimental aircraft, caused by emergence of special situation, but not ended;

the aircraft equipment (further - AT) - experimental aircrafts, aviation engines and air screws;

the aerotechnical center of content and application of pilotless aviation complexes (further - ATTs the TANK) - the structural division of JSC 558 Aviatsionny remontny zavod performing functions on content and application of AT;

pilotless aviation complex (further - the TANK) - the set of functionally connected elements which is turning on one or several unmanned aerial vehicles, means of ensuring of take off and landing and control one or several unmanned aerial vehicles;

the unmanned aerial vehicle (further - BLA) - the aircraft intended for accomplishment of flight without crew onboard;

the owner of experimental AF - the legal entity performing development, production, upgrade, testing, operation or other actions concerning the experimental AF belonging to it on the property right, the right of economic maintaining or operational management or other bases, stipulated by the legislation or the agreement;

the aircraft (further - AF) - the aircraft supported in the atmosphere due to interaction with air, other than interaction with the air reflected from the Earth's surface or water;

The state military-industrial committee of the Republic of Belarus (further - Goskomvoyenprom) - state body to which powers of specially authorized body in the field of experimental aircraft are conferred;

The state register of experimental aircrafts of the Republic of Belarus (further - the State register) - the document (the special magazine) in which registration of experimental AF of the Republic of Belarus is made;

catastrophic crash - AP with the human victims;

flight operation of experimental AF - the process of operation of experimental 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 experimental AF for the purpose of flight left it, except for persons which are carrying out postflight preparation. For 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);

modification - any main thing, the minor acoustic or issued change of standard design of object of aircraft affecting its characteristics (for AF - the flight validity) influencing the environment;

land incident - the event which is not connected with flight operation of experimental AF, took place in holding time, storages or transportations of AF in case of whom there were 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 experimental AF do not belong to land incidents;

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;

the operator of BLA - the face of non-flying aviation personnel exercising control of BLA by means of technical means;

dangerous factor - the potential reason (factor) which manifestation in the course of flight operation can lead to origin and development of special situation and finally to the EXPERT;

special situation - the situation arising in the course of flight operation of experimental AF as a result of impact of dangerous factors;

the reasons the EXPERT - dangerous factors (action, failure to act, circumstance, condition or their combination) which brought to the EXPERT;

calculation of BLA - aviation personnel which activities are directed to servicing of BLA and safety of flights;

serious aviation incident (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 experimental AF (the operator of BLA) and (or) by person of body of Department of Internal Affairs performing management (management) of flight of experimental AF, the difficult and (or) emergency actions which are not applied in the conditions of normal flight of experimental AF;

SAI with damage of experimental AF (further - SAIP) - AI, in case of which recovery of the experimental 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 experimental AF do not belong to SAIP;

structural division - the structural division intended for implementation of functions of specially authorized body by Goskomvoyenprom in the field of experimental aircraft;

technical operation of experimental AF - the part of operation including complex of the works performed on experimental AF at operational stages to destination, storages, transportations, reductions in the established degree of readiness for proper use and maintenance in this degree of readiness;

emergency - the event which is not relating to AP connected with operation of experimental AF in case of whom there came one of the following effects:

the death of the people who were onboard experimental AF during flight, which is not connected with its destruction, violation of functioning of systems or impact of external geophysical factors;

death of the people who were onboard experimental AF as a result of adverse effects of external environment after its emergency landing out of airfield;

loss of experimental AF or death of the people who were on the earth as a result of AP;

loss of experimental AF or death of the people who were on its board during act of terrorism, stealing or attempt of stealing of experimental AF;

loss of experimental AF or death of the people who were on its board in case of accomplishment of special tasks in the territory in which the emergency rule is imposed;

the authorized representative - person, the Chairman of Goskomvoyenprom it is entrusted to them to be involved in investigation the EXPERT, carried out in other state;

experimental aircraft - the aircraft used for carrying out research, developmental works, and also testing of aircraft and other equipment;

experimental AF - AF, used in experimental aircraft and registered in the State register.

Other concepts applied in these Aviation rules are used in the values specified in the Air code and aviation rules regulating activities in the field of experimental aircraft.

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* The aircraft is considered lost when:

there was final fracture of the aircraft;

the location of the aircraft (its fragments) is not established and its official searches are stopped;

evacuation of the aircraft from the place of its emergency landing is impossible or inexpedient irrespective of the damage sustained it;

recovery of the aircraft is impossible or economically inexpedient.

** Persons whose death followed as a result of aviation incident or within 30 days from the moment of aviation incident treat the human victims.

4. Everyone the EXPERT in experimental aircraft is subject to investigation by the commission on investigation the EXPERT (further - 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. When carrying out investigative actions by law enforcement agencies upon the EXPERT the commission chairman coordinates with them work of the Commission.

7. In cases of restriction of access to AT and (or) withdrawals by representatives of law enforcement agencies of separate details (fragments) of experimental AF, onboard (land) carriers of means of objective control (further - JUICE), operational and other documentation the owner of experimental AF, the senior aviation chief of airfield of the state (civil) aircraft or the chief of polygon (platform) shall report without delay on it on the higher head (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 AT and (or) withdrawal of separate details (fragments) of experimental AF by representatives of law enforcement agencies to person who appointed the Commission, and on its decision stops investigation.

8. The expenses connected with the investigation the EXPERT made on site the EXPERT are financed by the owner of experimental AF to whom there was it the EXPERT.

The researches and testing which are carried out by research, design, repair and other organizations, connected with investigation the EXPERT are financed by means of these organizations with compensation of expenses by it the owner of experimental AF to whom there was it the EXPERT.

Chapter 2. Classification of aviation events

9. The EXPERT are subdivided into AP, AI, emergencies and 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.

12. The following cases belong to SAI:

exit of experimental 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 other factors) on crew members of experimental AF (on calculation of BLA);

considerable deterioration in characteristics of stability and controllability, flight and strength characteristics of experimental AF;

considerable decrease in efficiency of crew members (calculation of BLA) of experimental AF;

substantial increase of psychophysiological load of crew members of experimental AF (calculation of BLA);

emergence of real possibility of damage of the vital elements of experimental AF as a result of the fire, violations of connections or destruction of elements of management system, the non-local destruction of the engine, transmission and other systems (elements).

Section II. Investigation of aviation, extraordinary and land incidents

Chapter 3. Message on aviation, extraordinary or land incident

13. In case of AP the body of Department of Internal Affairs performing management (management) of flight of experimental AF shall report without delay on it on the owner of experimental AF, and in case of accomplishment of flight of experimental AF from airfield of the state (civil) aircraft to finish information on AP to the senior aviation chief of airfield of the state (civil) aircraft or the chief of polygon (platform), and also to inform higher body of Department of Internal Affairs.

14. In the report are specified:

date, time (local) receipts of information on AP;

the region of AP (coordinate of point of loss of radio communication and loss of mark from experimental AF in the screen of radar station);

type of experimental AF and the organization operating experimental AF;

airfield (platform) of departure;

the planned flight route;

the planned airfield (platform) of landing.

15. The owner of experimental AF after receipt of the message on AP without delay reports on AP in structural division and in writing represents offers on the candidates which are subject to inclusion in structure of the Commission to Goskomvoyenprom.

16. In the oral report 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 experimental AF in the screen of radar station);

type and owner of experimental AF;

airfield (platform) of departure;

flight task, meteoconditions;

data on the commander of crew (operator of BLA);

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 and other authentic data.

In the absence of any part of data for efficiency of transfer of the message on AP the oral report is submitted without these data.

17. The procedure for transmission of messages about extraordinary (land) incident is similar to procedure for transmission of messages about the Apostle.

18. The owner of experimental AF represents the written report on aviation, extraordinary or land incident to Goskomvoyenprom within 24 hours from the moment of the oral report.

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 experimental AF in the screen of radar station, coordinate of the place of its fall);

type and owner of experimental AF;

airfield of departure;

flight task, meteoconditions;

data on crew of experimental AF (calculation of BLA) and the load which was onboard;

effects aviation (extraordinary or land) incidents for crew members of experimental 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.

20. In the absence of any part of data for the purpose of operational transfer of the message about aviation (extraordinary or land) incident the report is submitted without these data.

21. It is forbidden to transfer in the message presumable data on the reasons aviation (extraordinary or land) incidents.

Chapter 4. Organization of investigation aviation and emergencies. Obligations and rights of officials of the commission on investigation of aviation event

22. Investigation of AP with piloted by AF and pilotless AF (in case of which there was death of people) is conducted by the Commission created by Goskomvoyenprom.

23. The Commissions are included representatives of Goskomvoyenprom, ATTs the TANK, the owner of experimental AF, other state bodies and the organizations for the proposal (approval) of the corresponding heads.

24. Investigation of AP with pilotless AF which did not entail death of people is performed by the Commission which is appointed by the owner of experimental AF.

25. Before departure to the place of investigation of AP the certificate of the member of the commission in form according to appendix 1 to these Aviation rules is drawn up and issued to each member of the commission appointed by Goskomvoyenprom. The certificate is certified by Goskomvoyenprom seal with the image of the State Emblem of the Republic of Belarus.

26. 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 experimental 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 owner of experimental AF.

27. The commission chairman on investigation the EXPERT will organize work of the Commission, directs investigation and the EXPERT bears responsibility for objective establishment of the reasons. 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.

28. 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 experimental AF and 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 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, to coordinate further work on investigation the EXPERT;

without delay to inform the Chairman of Goskomvoyeprom (the official who appointed the Commission) on identification of the facts of participation to the EXPERT of aviation personnel of other state bodies and organizations;

exercise control of completeness, timeliness, comprehensiveness, objectivity of investigation the EXPERT and the correct document creation;

carry out data analysis, received during the investigation the EXPERT and prepare conclusions about the reasons the EXPERT which to finish on final commission session;

at the scheduled time to prepare the report with application of documents, constituted by results of investigation the EXPERT;

carry out with management and aviation personnel of the owner of experimental AF analysis of circumstances the EXPERT;

report on results of investigation the EXPERT on the Chairman of Goskomvoyenprom (the official who appointed the Commission).

29. The commission chairman has the right:

invite for participation in investigation the EXPERT of specialists of military representative offices of the Ministry of Defence, other state bodies, and also specialists of scientific, research, production and other organizations in coordination with heads of relevant organs (organizations);

charge according to the legislation to the organizations and citizens carrying out the researches and works connected with investigation the EXPERT and requiring knowledge in the respective areas of science and technology;

create subcommittees and the working groups on the main directions of investigation the EXPERT, determine their structure, appoint chairmen of subcommittees and the senior groups;

instruct members of the commission and specialists invited to investigation the EXPERT;

organize withdrawal (for the period of conducting investigation) materials (objects) concerning to the EXPERT;

make the decision on carrying out researches;

make recommendations to the owner of experimental AF about feasibility of evacuation of the damaged experimental AF or his fragments from the place the EXPERT;

request in accordance with the established procedure from officials the necessary documentation relating to investigation the EXPERT;

direct to research and other organizations materials onboard and land JUICE, details and aggregates of experimental AF to which there was EXPERT, and other objects connected with the EXPERT for carrying out analytical, laboratory and other researches;

receive explanations from all persons involved to the EXPERT;

make offers on holding urgent actions for prevention the EXPERT which need is determined in the course of investigation the EXPERT.

30. The vice-chairman of the Commission participates in the organization and carrying out its work according to the plan of investigation the EXPERT, and in the absence of the chairman - fulfills its duties.

31. The chairman of subcommittee (the senior of working group) on investigation the EXPERT shall:

organize work of subcommittee (working group) according to the work plan approved by the commission chairman;

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