To define the principles for aviation accident and incident investigation, and the protection of safety information, the Civil Aviation Authority of Macao SAR (AACM) has completed the draft law on “Aircraft Accident and Incident Investigation and Aviaton Safety Information Protection Law”. On 02 September 2010, the Authority invited a number of government bodies and the local aviation industry to attend a consultation session to collect their opinions on the draft text. The consultation of the draft law started in August 2010 and will continue for two months. To ensure that the law can be implemented upon approval and implementation, AACM will study into the opinions thoroughly and make amendments when appropriate. In accordance with the draft law, the scope of application includes civil aircraft accident or incident occurred in Macao or in Macao airspace, and accident or incident in a foreign state involving Macao registered aircraft or aircraft operated by a Macao operator, in the latter case that the state of occurrence does not conduct any investigation. The draft law stipulates that an accident or a serious incident shall be investigated. AACM is empowered with the authority to conduct the investigation and operators have the responsibility to report to the Authority the occurrence of an accident and an incident. In such occurrence, AACM will appoint an investigator in charge (IIC) to conduct the investigation with independent and unhampered investigating authority. The IIC decides the tasks necessary for the investigation in accordance with the Standards and Recommended Practices of International Civil Aviation Organization (ICAO) and cooperate with the other government departments (with the appropriate authority) to collect evidence; the pilot in command, the operator or the owner, the director of the airport or heliport, and the air traffic controller or air traffic service provider concerned with the accident or incident are obliged to report to AACM within a specified time frame; the flight crew concerned is also obliged to submit reports to AACM within a specified time limit. In addition to accident or serious incident, AACM can investigate any incident, if it considers that the investigation will facilitate collection of reference information in regard to aviation safety. Inquiring into the factors that affect safety from an aviation accident investigation can help to lower the possibility of occurrences. The Authority emphasizes that the purpose of investigation is to find out the factors so that improvement measures can be taken to prevent accidents and incidents, and not to apportion blame or liability. Further to the above provisions, for the purpose of encouraging the industry to report safety concerned issues to the Authority, the draft law also establishes the confidential and non-punitive Aviation Safety Data Collection and Processing System (SDCPS). In accordance with the relevant provisions, unless there is evidence that the occurrence was caused by intentional conduct or gross negligence or the appropriate judicial authority determines that the release of safety information is necessary for the proper administration of justice and its release outweighs the adverse impact that such release may have on the future availability of safety information, the entity responsible for analyzing and processing aviation safety information contained in SDCPS shall ensure that the internal and external confidentiality of relevant information and the source of such information, and establish formal procedures for protection of safety information, in order to avoid inappropriate use of such information; the aviation safety information shall not be used for purposes different from the purposes for which it was collected; an employer cannot take disciplinary action against an employee using information received through a SDCPS. AACM states that with the rapid development of the world economy, the frequencies for tourism and business travels have also increased along with the rise of an individual’s average income. Aviation has expanded tremendously and air transport has become an indispensable travelling channel. Under the great demand for aviation, the aeronautical authorities all over the world have actively studied into ways of balancing between the quality of flight and the protection of lives and properties of passengers. For this reason, establishing safety culture has always been an on-going important work for AACM. In 2009, AACM started to devise the Macao Safety Programme which includes safety policies and objectives, safety risk management, safety protection measures and safety enhancement measures. The principles regarding the protection of safety information that are stipulated in the draft law is one of the important tasks to fulfill the objective of the Macao Safety Programme. In what regards the functions of AACM in aviation accident and incident investigation and the collection of safety information, in accordance with the statute of the Authority, AACM carries the responsibility of investigating into an aviation accident which occurs in Macao or involves a Macao registered aircraft outside Macao. The present Aircraft Accident or Incident Investigation Procedures and the Mandatory Occurrence Reporting Sytem which were issued through an aeronautical circular have been implemented some years ago. In order to increase the legal status of the authority to investigate and collect information, and taking into consideration the recommendation from ICAO at the Universal Safety Oversight Audit Programme carried out in Macao, AACM started the studies on the legislation since 2009. Reference was made to similar legislation in Europe, USA and Australia during the drafting process. Apart from the legislation, with the purpose of gaining experience from foreign states on this aspect and achieving resources sharing through regional cooperation, AACM signed cooperation programmes with the Investigation Bureau for Civil Aviation of France and the General Administration of Civil Aviation of China respectively in 2008 and 2009 in order to build up a long-term cooperative relationship as well as offer each other technical assistance and the use of facilities in the investigation relating to aviation safety. AACM is also committed to providing their staff with continuous training of aviation accident investigation to enhance the professionalism of their investigators. The consultation session took place between 15:00 to 17:00 in the Multi-Function Room of AACM. More than 30 representatives attended the session, including the Procuratorate, the Public Security Forces Bureau, the Judiciary Police, the Fire Services Bureau, the Port Authority, the Meteorological and Geophysical Bureau, the Office for Personal Data Collection, the Office for Law Reformation, and CAM-Macau International Airport Company Ltd., Administration of Airports Ltd., Air Macau, Macau Jet, East Asia Airlines and Menzies Macau Airport Services Ltd.
