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Revised Laws of Saint Lucia (2023)

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33. Protection of investigation records

(1) The following records that relate to an aviation occurrence being investigated under this Act shall not be disclosed to the public or for purposes other than accident or incident investigation, unless ordered by the court—
1. (a) cockpit voice recorder recordings and airborne image recordings;
1. (b) while in the custody or control of the investigation authority—
  1. (i) records from interviews with persons by the investigation authorities in the course of an investigation,
  1. (ii) communications between persons having been involved in the operation of the aircraft,
  1. (iii) medical or private information regarding persons involved in the accident or incident,
  1. (iv) recordings and transcripts of recordings from air traffic control units,
  1. (v) analysis of and opinions about information, including flight recorder information, made by the accident investigation authority and accredited representatives in relation to the accident or incident,
  1. (vi) the draft final report of an accident or incident investigation.

(Substituted by Act 25 of 2023)

(2) An investigator-in-charge may make such use of any on-board recording obtained under this Act as he or she considers necessary in the interests of aviation safety, but, unless requested by a coroner, or ordered by the court, shall not knowingly communicate or permit to be authorizing to anyone any portion thereof that is unrelated to the causes or contributing factors of the aviation occurrence under investigation or to the identification of safety deficiencies.

(3) An on-board recording may not be used against any of the following persons in disciplinary proceedings, proceedings relating to the capacity or competence of an officer or employee to perform the officer's or employee's functions, or in legal or other proceedings, namely air traffic controllers, crew members, airport vehicle operators, flight service station specialists, and persons who relay messages respecting air traffic control or related matters.

(4) A communication record obtained during an investigation under this Part shall not be used against any person referred to in subsection (1) in any criminal proceedings or, subject to any applicable collective agreement, in any disciplinary proceedings.

(Amended by Act 25 of 2023)

33. Protection of investigation records

5. The Minister may enter into agreements

8. The Authority is a legal body vested with all the powers and characteristics of a body corporate, having perpetual succession and a common seal with capacity to hold and dispose of property and to sue and be sued in its corporate name.

9. Funding of the Authority

12. Director General may appoint a person to be an Inspector

14. Employment of officers and other staff

15. Establishment of air transport licencing Board

17. Minister to consult with Board

18. Minister to approve licences and permits

19. Granting of licences to designated airlines

20. Board to delegate powers

21. Restriction on disclosure of information

24. Security restricted area

25. Screening of persons and property

28. Medical examiners to provide medical information

29. Jurisdiction

31. Authority to appoint Investigator- in-charge

34. Investigator as Witness

35. Application

36. Regulatory grounds for suspension

37. Refusal to issue a civil aviation document in public interest

39. Right of appeal

41. Court may order forfeiture

42. Prohibition by Court

43. Failure to pay penalty for penalty offence

44. Procedure for appeal against conviction pursuant to section 43

45. Persons liable to be proceeded against

48. Document entries as proof

54. Exemptions by Regulation

55. Exemptions in public interest

56. Incorporation by reference

57. Continuation of certain regulations

2. Interpretation

3. Application of Act

4. Functions of the Minister

6. Aerodromes and Airports

7. Ministerial Orders and directions

10. Appointment of Director General Civil Aviation

11. Director General may issue directives

13. The Director General may delegate functions

16. Matters to be considered by Board in approving licences

26. Powers to arrest

27. Authorized persons

30. Establishment of Commission of inquiry

31. Authority to appoint Investigator-in-charge

32. Powers to Investigate

38. Suspension for Contravention

40. Prohibitions, offences and punishment

22. Disclosure restriction does not apply to judicial proceedings

46. Powers to enter, inspect, seize, and detain

47. Proof of Documents

49. Regulations respecting Civil Aviation

50. Regulations imposing charges

51. Penalty notice offence

52. Regulations for miscellaneous matters

53. Reporting of occurrences

54. (Repealed by Act 25 of 2023)

55. (Repealed by Act 25 of 2023)