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49 U.S.C. § 1132 — Civil aircraft accident investigations

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1132 — Civil aircraft accident investigations

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section1113/b/1&num=0&edition=prelim) 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.

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Source location: Title 49, Chapter 11, § 1132; chapter-011-national-transportation-safety-board.md

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1131 — General authority

**(a) General.—** (1) The National Transportation Safety Board shall investigate or have investigated (in detail the Board prescribes) and establish the facts, circumstances, and cause or probable cause of— (A) an aircraft accident the Board has authority to investigate under [section 1132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section1132&num=0&edition=prelim) or an aircraft accident involving a public aircraft as defined by [section 40102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102/a&num=0&edition=prelim) other than an aircraft operated by the Armed Forces or by an intelligence agency of the United States; (B) a highway accident, including a railroad grade crossing accident, the Board selects, concurrent with any State investigation, in which case the Board and the relevant State agencies shall coordinate to ensure both the Board and State agencies have timely access to the information needed to conduct each such investigation, including any criminal and enforcement activities conducted by the relevant State agency; (C) a railroad— (i) accident in which there is a fatality or substantial property damage, except— (I) a grade crossing accident or incident, unless selected by the Board; or (II) an accident or incident involving a trespasser, unless selected by the Board; or (ii) accident or incident that involves a passenger train, except in any case in which such accident or incident resulted in no fatalities or serious injuries to the passengers or crewmembers of such train, and— (I) was a grade crossing accident or incident, unless selected by the Board; or (II) such accident or incident involved a trespasser, unless sele

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40101 — Policy

**(a) Economic Regulation.—** In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity: (1) assigning and maintaining safety as the highest priority in air commerce. (2) before authorizing new air transportation services, evaluating the safety implications of those services. (3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public. (4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices. (5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions. (6) placing maximum reliance on competitive market forces and on actual and potential competition— (A) to provide the needed air transportation system; and (B) to encourage efficient and well-managed air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation. (7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of— (A) the

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1132 — Civil aircraft accident investigations

Page 168 TITLE 49—TRANSPORTATION § 1132 Investigation shall revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this Act [see Short Title of 2000 Amendment note set out under section 1101 of this title].’’ MEMORANDUM OF UNDERSTANDING Pub. L. 106–424, § 8, Nov. 1, 2000, 114 Stat. 1886, pro- vided that: ‘‘Not later than 1 year after the date of the enactment of this Act [Nov. 1, 2000], the National Transportation Safety Board and the United States Coast Guard shall revise their Memorandum of Under- standing governing major marine accidents— ‘‘(1) to redefine or clarify the standards used to de- termine when the National Transportation Safety Board will lead an investigation; and ‘‘(2) to develop new standards to determine when a major marine accident involves significant safety issues relating to Coast Guard safety functions.’’ § 1132. Civil aircraft accident investigations (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 notifi- cation and reporting of accidents involving civil aircraft. (c) PARTICIPATION OF SECRETARY.—The Board shall provide for the participation of the Sec- retary of Transportation in the investigation of an aircraft accident under this chapter when participation is necessary

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