LEGAL AND TECHNICAL IMPLICATIONS OF THE SAFETY RECOMMENDATIONS ISSUED IN THE FINAL REPORTS OF THE CIVIL AIR ACCIDENTS AND INCIDENTS INVESTIGATIONS

摘要

The necessity of issuing technical reports including the findings obtained during the technical investigation of civil air accidents and incidents is stated in the article n° 26 of the Convention of International Civil Aviation (CICA).Following the contents of the articles n° 26 and 37 of the same Convention, the ICAO approved the Annex 13 entitled "Aircraft Accident and Incident Investigation" in 1951, which last edition was published in 2010. The Annex 13 includes the procedure that must be followed for conducting the technical investigation of the civil aircraft accidents and incidents, and also it refers to the safety recommendations concept. The proposed work will try to present a deep analysis of the twofold effects of safety recommendations showing the great importance of issuing adequate instructions which take properly into account the juridical implications derived, as well as the technical instructions that may affect to the design/airworthiness, maintenance and use (operations) of the affected aircraft.