ההצעת חוק הרשות לחקירה בטיחותית בתעופה, התשפ"ד-2024Bill for the Authority for Safety Investigation in Aviation, 2024 · automatic translation · suggest a correction

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Bill: חוק הרשות לחקירה בטיחותית בתעופה, התשפ"ד-2024Law for the Authority for Safety Investigation in Aviation, 2024auto

About the law and the debate

Official summary of the law (Knesset)

The Authority for Aviation Safety Investigation Law, 2024 (hereinafter – the Law) establishes a governmental authority for aviation safety investigation that replaces the "Chief Investigator" office at the Ministry of Transport and Road Safety, thereby aligning Israeli law with Israel's international obligations under Annex 13 to the "Chicago Convention" and the "Open Skies" Agreement. The new authority will be established within the Ministry of Transport and Road Safety, and will be responsible for conducting investigations into safety-related events in the aviation field. It should be noted that the purpose of an aviation safety investigation is not to find or point to those at fault, but to improve aviation safety, all in accordance with the provisions set out in the relevant international conventions. Chapter 7 of the Aviation Law, 2011 (hereinafter – the Aviation Law), as worded prior to the amendment, regulated the conduct of safety investigations in the aviation field and the status of the Chief Investigator, who was responsible for conducting aviation safety investigations in Israel prior to the amendment. The provisions of Chapter 7 are based on the provisions of Annex 13 to the "Chicago Convention" – the Convention on International Civil Aviation of 1944, to which the State of Israel is a party. Annex 13 to the Convention sets out arrangements regarding the obligation of each state party to the Convention to conduct safety investigations of accidents and serious incidents involving aircraft in civil aviation. In addition, Israel signed the "Open Skies Agreement" with the European Union, under which Israel is obligated to meet the standards set out in European legislation regarding the investigation of civil aviation accidents and incidents, which are also based on the provisions of Annex 13. However, an audit conducted by the International Civil Aviation Organization (ICAO) in 2016 found that the existing arrangement in Israel was deficient and did not fully meet the requirements of the Annex. This audit found that Israel must establish an independent authority for aviation safety investigation, rather than relying solely on the existing regulation in the Aviation Law regarding the Chief Investigator; it also found that some of the arrangements Israel is obligated to implement under Annex 13 were deficient or did not exist at all. As part of implementing the audit's conclusions, an independent authority for aviation safety investigation was established by virtue of the Law. It was determined that the new authority will be responsible for conducting investigations into safety-related events in the aviation field – aircraft accidents, incidents that nearly resulted in aircraft accidents, and incidents that could have affected the safety of aircraft operation. The authority's functions were anchored in the Law, and it was determined that its functions include, among others: conducting safety investigations; collecting, documenting and analyzing all information related to a safety event; determining the causes and factors of a safety event; preparing, submitting and publishing safety investigation reports; maintaining the confidentiality and secrecy of safety investigation materials; preparing and publishing studies in the field; and advising the Minister of Transport and Road Safety on any matter relating to the investigation of safety events. The Law also sets out many significant provisions intended to ensure the independent status of the new authority in general, and the independence of the authority's director in particular, thereby improving the alignment of Israeli law with the provisions of the Chicago Convention and the Open Skies Agreement. Among other things, it was determined that the authority's director will be appointed by the Minister of Transport and Road Safety with government approval, and the term of office was set out in the Law. It was further determined that a deputy to the authority's director will be appointed, similar to what was provided in the Aviation Law as worded prior to the amendment regarding a deputy to the Chief Investigator. It was also determined that the authority's budget will be set as a separate operational area within the budget item of the Ministry of Transport and Road Safety in the annual Budget Law, and that in order to perform its functions, the authority will hold and operate all the equipment and means required to conduct safety investigations when necessary. As part of aligning Israeli legislation with the provisions of the Chicago Convention and the Open Skies Agreement, the safety investigation procedure in the aviation field was regulated, including the obligation to appoint an investigator who will be responsible for conducting the investigation of a given safety event ("appointed investigator"), the formulation and publication of interim statements regarding the investigation, and the formulation and publication of the final report. The Law also includes provisions relating to safety recommendations intended to prevent future safety events, which the authority's director may issue, and provisions relating to monitoring their implementation. Due to the nature of the civil aviation field, aircraft accidents and incidents often involve more than one state. For example, in many cases the state where the accident occurred, the state where the aircraft manufacturer is based, and the state where the aircraft operator is based, differ from one another, but all fall within the definition of an "involved state" for purposes of investigating the safety event. Therefore, the Law also includes provisions intended to regulate the authority's interface with other states and authorities involved in an accident, including notifications that must be sent to them and situations in which representatives of a counterpart authority in another state may be allowed to participate in a safety event investigation conducted in Israel. Among the amendments, provisions were also set regarding Israel's obligation to open an investigation into a serious safety event that occurred in the territory of a state that is not a party to the Convention, as well as provisions relating to the transmission of notices and information to states party to the Chicago Convention and to other parties, such as those injured in a safety event and their families, and even to the International Civil Aviation Organization itself. Provisions were also set regarding the transfer of authority to conduct a safety investigation concerning a serious safety event that occurred in Israel to another state party to the Convention or to a regional organization for the investigation of aircraft accidents and incidents, a procedure that the State of Israel is obligated to enshrine in legislation under the provisions of the Chicago Convention. It was determined that such a procedure will only be activated if the director of the authority for safety investigation finds that special reasons exist for doing so. It was also determined that the director of the authority for safety investigation will publish a notice of the decision to transfer the authority to conduct the investigation as described, and the special reasons for it, on the website of the authority for safety investigation. This is in order to emphasize the importance and clear preference that Israel itself investigate serious aviation safety events that occurred within its territory, and to increase transparency to the public in this matter.

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By party on the day of the vote

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