Civil aircraft accident investigations

49 U.S.C. § 1132

• Title: 49 — Transportation
• Chapter: SUBCHAPTER III—AUTHORITY

Text

(a) General Authority.—(1) The National Transportation Safety Board shall investigate—
(A) each accident involving civil aircraft; and
(B) with the participation of appropriate military authorities, each accident involving both military and civil aircraft.
(2) A person employed under section 1113(b)(1) of this title that is conducting an investigation or hearing about an aircraft accident has the same authority to conduct the investigation or hearing as the Board.
(b) Notification and Reporting.—The Board shall prescribe regulations governing the notification and reporting of accidents involving civil aircraft.
(c) Participation of Secretary.—The Board shall provide for the participation of the Secretary of Transportation in the investigation of an aircraft accident under this chapter when participation is necessary to carry out the duties and powers of the Secretary. However, the Secretary may not participate in establishing probable cause.
(d) Accidents Involving Only Military Aircraft.—If an accident involves only military aircraft and a duty of the Secretary is or may be involved, the military authorities shall provide for the participation of the Secretary. In any other accident involving only military aircraft, the military authorities shall give the Board or Secretary information the military authorities decide would contribute to the promotion of air safety.

History

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 753.)

Editorial Notes

In subsection (a)(1)(A), the words "and report the facts, conditions, and circumstances related to each accident and the probable cause thereof" in 49 App.:1441(a)(2) are omitted as unnecessary because of section 1131(d) of the revised title.
In subsection (a)(1)(B), the words "provide for" in 49 App.:1442(a) are omitted as surplus.
In subsection (a)(2), the words "any member of the National Transportation Safety Board or any officer or employee of the National Transportation Safety Board" in 49 App.:1441(c) are omitted as unnecessary because of sections 1113 and 1134 of the revised title.
In subsections (c) and (d), the words "Secretary of Transportation" and "Secretary" are substituted for "Administrator" in sections 701(g) and 702(b) and (c) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 782) for consistency. Section 6(c)(1) of the Department of Transportation Act (Public Law 89–670, 80 Stat. 938) transferred all duties and powers of the Federal Aviation Agency and the Administrator to the Secretary of Transportation. However, the Secretary was to carry out certain provisions through the Administrator. In addition, various laws enacted since then have vested duties and powers in the Administrator. All provisions of law the Secretary is required to carry out through the Administrator are included in 49:106(g).
In subsection (c), the words "and his representatives" in 49 App.:1441(g) are omitted because of 49:322(b). The words "when participation is necessary to carry out the duties and powers" are substituted for "In order to assure the proper discharge . . . of his duties and responsibilities" to eliminate unnecessary words. The words "or his representatives" are omitted because of 49:322(b).