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In order to strengthen the work of the IABA – Accident Investigation Board, reform to the Civil Aviation Law of Ecuador was approved.
With 78 votes in favor and in second debate, The National Assembly of Ecuador approved the reforms made to the Civil Aviation Law whose objective is to prevent air accidents or incidents in national territory.
This proposal was made by the Economic Development Commission, that was generated after the time it took the IABA to draft and conclude the investigations of the embraer accident 190 of Tame in Cuenca (1 year and 3 months preliminary report). This reform seeks to strengthen the Accident Investigation Board – JIA, so that it is independently a specialized and autonomous unit for the fulfillment of its investigative functions when the case requires it.
Amendment to the Civil Aviation Law
The standard defines the scope of the JIA's powers and proposes mechanisms to avoid the existence of conflicts of interest between the members of the Board and companies linked to the aeronautical sectors. What's more, intends to provide the IABA with infrastructure, sufficient staff and resources.
It is also intended to improve user safety conditions and investigation processes when air accidents occur.. The initiative plans to change the article 13. The current regulation establishes that the Accident Investigation Board will investigate the facts, the cause or probable cause of an accident or incident. In the reform, a subsection is increased so that in each accident and within 6 months the Board includes activities and times to guarantee the investigation.
Current Civil Aviation Law
Art. 13.- The JIA Accident Investigation Board, will investigate and establish the facts, circumstances, cause or probable cause of an aircraft accident or incident over which you have authority
to investigate. In the investigations, it will identify evident security deficiencies and will make recommendations leading to eliminate or reduce any security deficiency..
Art. 14.- The Accident Investigation Board, It will be made up of a president who will act permanently and two members who will be integrated when it is convened to hear the
result of investigations of an aircraft accident.
Art. 15.- The President of the Republic will issue the regulations inherent to the structuring, functioning, activities, powers and responsibilities of the IABA.
Art. 16.- The Accident Investigation Board, in the investigation will have the informative collaboration of the General Directorate of Civil Aviation.
Art. 17.- The conclusions alluding to the causes of the accident will be taken without the interference or intervention of the aeronautical authorities..
Art. 18.- The Director General of Civil Aviation will issue regulations pertaining to the notification and reporting of accidents and incidents involving aircraft.
Art. 19.- Except as provided in the last article of this Chapter, the IABA will have:
a) The power to investigate accidents in Ecuador involving civil aircraft; and,
b) The authority to participate in the investigation of accidents involving aircraft registered in Ecuador and that occur in the territory of a foreign country, consistent with any
treated, agreement or other arrangement with the country in whose territory the accident occurred.
Art. 20.- The costs of investigating aircraft accidents, will be covered by the State through the Ministry of Economy and Finance and the operator, in equal parts.
No further changes were presented to the Civil Aviation Law in addition to the Article 13, although we hope that in the future a comprehensive update of it will be analyzed to focus it on the world aeronautical reality.
The project has been sent to the Executive so that it can observe it or send it to the Official Registry for its publication.
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