Civil Aviation Act 2010 · As enacted · Chapter VI · Search and Rescue Operations and Investigation Into Accidents and Incidents
58. Power to summon and examine witnesses and productions
Official English translation. The Sinhala text prevails.
Official translationFrom Department of Government Printing, unchanged
The Board in the course of an investigation into an accident or incident shall have the power to:—
summon under its Chief Investigator’s hand and call before it and examine all such persons whom it considers necessary;
require any person summoned to answer any question or furnish any information or produce any books, papers, documents or articles which the
Board may consider relevant and to retain any such books, papers, documents and articles, until the completion of the investigation;
take statements from all such persons as it considers necessary and to require any such person to make and sign a declaration relating to the truth of the statement made by him;
have unhampered and unrestricted access to the aircraft wreckage, flight recorders, air traffic records, the place where the accident occurred and to any other relevant material and for that purpose to require the aircraft concerned or any part of the equipment thereof to be preserved unaltered, to enable a detailed investigation to be made without delay;
examine, remove, test, take measures for the preservation of and otherwise deal with the aircraft or any part thereof or anything contained therein ;
enter and inspect any place or building where it appears to be requisite for the purposes of the investigation; and
take all measures necessary for the preservation of evidence.
An investigation instituted by the Authority under section 55 shall in no way be considered as being in derogation of any power which under any other law may attach to any police, judicial or other investigation, provided that the Board shall have priority in the examination of the relevant evidence.
It shall be an offence for any unauthorized person to remove or keep in his custody any part of an aircraft involved in an accident or incident or any documents or other articles thereof, to tamper with other evidence or to remove or keep in his or her custody any belongings of passengers or members of the crew or cargo carried in that aircraft.
Where any accident has occurred within the territory of Sri Lanka to an aircraft registered in a State Party to the
Convention and any person dies or suffers any serious injury or the aircraft suffers substantial damage, the Authority shall authorize the accredited representative of the State of
Registry or where applicable, the State of the operator, the
State of design of the aircraft, the State of the manufacture of the aircraft, the States of which the victims are nationals and any other State considered appropriate by the Authority, to participate in the investigation.
Notwithstanding the provisions of subsection (4), the
Authority may in consultation with the Minister, delegate the actual performance of the investigation to a duly authorized investigator or investigators of the State where such aircraft is registered, or, if applicable, the State of the
Operator or of any other State considered as appropriate by the Authority, who shall perform such function in accordance with the provisions of this Chapter of this Act and any regulations or rules made thereunder and under the supervision of the Authority. In the event of such delegation the Authority shall, so far as it is able, facilitate such investigations.
No person summoned as a witness at an investigation shall:—
disobey a summons issued by the Board ;
refuse to be sworn in or to make an affirmation as a witness ;
fail to answer any question which he or she is lawfully required to answer ; or
refuse or fail to produce any documents or part or component of an aircraft which he or she is lawfully required to produce.
It shall be an offence to obstruct or impede the Board or any person acting under the authority of the Board, in the exercise or performence of any powers or duties under this
Chapter.
Chapter VII
Aviation Personnel and Training Institutions
Chapter VIII
Aircraft Operation
Chapter IX
Commercial Air Transportation
Chapter X
Offences and Penalties
Chapter XI