DOT 49 CFR PART 845-2010 RULES OF PRACTICE IN TRANSPORTATION ACCIDENT INCIDENT HEARINGS AND REPORTS.pdf

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1、613 National Transportation Safety Board 845.2 to the transportation accident, con-sistent with the needs of the investiga-tion and with the cooperation of such owner or operator. The employee may inspect, at reasonable times, records, files, papers, processes, controls, and facilities relevant to t

2、he investigation of such accident. Each inspection shall be commenced and completed promptly and the results of such inspection, ex-amination, or test made available to the parties. 47 FR 49408, Nov. 1, 1982 840.6 Priority of Board investiga-tions. Any investigation of an accident con-ducted by the

3、Safety Board shall have priority over all other investigations of such accident conducted by other Fed-eral agencies. The Safety Board shall provide for the appropriate participa-tion by other Federal agencies in any such investigation, except that such agencies may not participate in the Safety Boa

4、rds determination of the probable cause of the accident. Nothing in this section impairs the authority of other Federal agencies to conduct in-vestigations of an accident under appli-cable provisions of law or to obtain in-formation directly from parties in-volved in, and witnesses to, the trans-por

5、tation accident. The Safety Board and other Federal agencies shall assure that appropriate information obtained or developed in the course of their in-vestigations is exchanged in a timely manner. 47 FR 49408, Nov. 1, 1982 PART 845RULES OF PRACTICE IN TRANSPORTATION; ACCIDENT/ INCIDENT HEARINGS AND

6、RE-PORTS Sec. 845.1 Applicability. 845.2 Nature of hearing. 845.3 Sessions open to the public. Subpart AInitial Procedure 845.10 Determination to hold hearing. 845.11 Board of inquiry. 845.12 Notice of hearing. 845.13 Designation of parties. Subpart BConduct of Hearing 845.20 Powers of chairman of b

7、oard of in-quiry. 845.21 Hearing officer. 845.22 Technical panel. 845.23 Prehearing conference. 845.24 Right of representation. 845.25 Examination of witnesses. 845.26 Evidence. 845.27 Proposed findings. 845.28 Stenographic transcript. 845.29 Payment of witnesses. Subpart CBoard Reports 845.40 Accid

8、ent report. 845.41 Petitions for reconsideration or modi-fication. Subpart DPublic Record 845.50 Public docket. 845.51 Investigation to remain open. AUTHORITY: Title VII, Federal Aviation Act of 1958, as amended (49 U.S.C. 1441 et seq.); and the Independent Safety Board Act of 1974, Pub. L. 93633, 8

9、8 Stat. 2166 (49 U.S.C. 1901 et seq.). SOURCE: 44 FR 34419, June 14, 1979, unless otherwise noted. 845.1 Applicability. Unless otherwise specifically ordered by the National Transportation Safety Board (Board), the provisions of this part shall govern all transportation ac-cident investigation heari

10、ngs con-ducted under the authority of section 304(b) of the Independent Safety Board Act of 1974 (49 U.S.C. 1903(b) and acci-dent reports issued by the Board. 845.2 Nature of hearing. Transportation accident hearings are convened to assist the Board in deter-mining cause or probable cause of an acci

11、dent, in reporting the facts, condi-tions, and circumstances of the acci-dent, and in ascertaining measures which will tend to prevent accidents and promote transportation safety. Such hearings are factfinding pro-ceedings with no formal issues and no adverse parties and are not subject to the provi

12、sions of the Administrative Procedure Act (Pub. L. 89554, 80 Stat. 384 (5 U.S.C. 554). 44 FR 34419, June 14, 1979; 44 FR 39181, July 5, 1979 VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00623 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot

13、 for ResaleNo reproduction or networking permitted without license from IHS-,-,-614 49 CFR Ch. VIII (10110 Edition) 845.3 845.3 Sessions open to the public. (a) All hearings shall normally be open to the public (subject to the pro-vision that any person present shall not be allowed at any time to in

14、terfere with the proper and orderly func-tioning of the board of inquiry). (b) Sessions shall not be open to the public when evidence of a classified na-ture or which affects national security is to be received. Subpart AInitial Procedure 845.10 Determination to hold hear-ing. The Board may order a

15、public hear-ing as part of an accident investigation whenever such hearing is deemed nec-essary in the public interest: Provided, that if a quorum of the Board is not immediately available in the event of a catastrophic accident, the determina-tion to hold a public hearing may be made by the Chairma

16、n of the Board. 845.11 Board of inquiry. The board of inquiry shall consist of a Member of the Board who shall be chairman of the board of inquiry, and such other employees as may be des-ignated by the chairman of the board of inquiry. Assignment of a Member to serve as the chairman of each board of

17、 inquiry shall be determined by the Board. The board of inquiry shall ex-amine witnesses and secure, in the form of a public record, all known facts pertaining to the accident or incident and surrounding circumstances and conditions from which cause or prob-able cause may be determined and rec-ommen

18、dations for corrective action may be formulated. 49 FR 32853, Aug. 17, 1984 845.12 Notice of hearing. The chairman of the board of inquiry shall designate a time and place for the hearing which meets the needs of the Board. Notice to all known interested persons shall be given. 845.13 Designation of

19、 parties. (a) The chairman of the board of in-quiry shall designate as parties to the hearing those persons, agencies, com-panies, and associations whose partici-pation in the hearing is deemed nec-essary in the public interest and whose special knowledge will contribute to the development of pertin

20、ent evidence. Parties shall be represented by suitable qualified technical employees or mem-bers who do not occupy legal positions. (b) No party shall be represented by any person who also represents claim-ants or insurers. Failure to comply with this provision shall result in loss of status as a pa

21、rty. 44 FR 34419, June 14, 1979, as amended at 51 FR 7278, Mar. 3, 1986 Subpart BConduct of Hearing 845.20 Powers of chairman of board of inquiry. The chairman of the board of inquiry, or his designee, shall have the fol-lowing powers: (a) To designate parties to the hear-ing and revoke such designa

22、tions; (b) To open, continue, or adjourn the hearing; (c) To determine the admissibility of and to receive evidence and to regulate the course of the hearing; (d) To dispose of procedural requests or similar matters; and (e) To take any other action nec-essary or incident to the orderly con-duct of

23、the hearing. 44 FR 34419, June 14, 1979; 44 FR 39181, July 5, 1979 845.21 Hearing officer. The hearing officer, upon designation by the Chairman of the Board, shall have the following powers: (a) To give notice concerning the time and place of hearing; (b) To administer oaths and affirma-tions to wi

24、tnesses; and (c) To issue subpenas requiring the attendance and testimony of witnesses and production of documents. 845.22 Technical panel. The Director, Bureau of Accident In-vestigation, or the Director, Bureau of Field Operations, shall designate mem-bers of the Boards technical staff to particip

25、ate in the hearing and initially develop the testimony of witnesses. 49 FR 32853, Aug. 17, 1984 VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00624 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking perm

26、itted without license from IHS-,-,-615 National Transportation Safety Board 845.29 845.23 Prehearing conference. (a) Except as provided in paragraph (d) of this section for expedited hear-ings, the chairman of the board of in-quiry shall hold a prehearing con-ference with the parties to the hearing

27、at a convenient time and place prior to the hearing. At such prehearing con-ference, the parties shall be advised of the witnesses to be called at the hear-ing, the areas in which they will be ex-amined, and the exhibits which will be offered in evidence. (b) Parties shall submit at the pre-hearing

28、conference copies of any addi-tional documentary exhibits they de-sire to offer. (Copies of all exhibits pro-posed for admission by the board of in-quiry and the parties shall be furnished to the board of inquiry and to all par-ties, insofar as available at that time.) (c) A party who, at the time o

29、f the prehearing conference, fails to advise the chairman of the board of inquiry of additional exhibits he intends to sub-mit, or additional witnesses he desires to examine, shall be precluded from in-troducing such evidence unless the chairman of the board of inquiry deter-mines for good cause sho

30、wn that such evidence should be admitted. (d) Expedited hearings. When time per-mits, the chairman of the board of in-quiry may hold a prehearing con-ference. In the event that an expedited hearing is held, the requirements in paragraphs (b) and (c) of this section concerning the identification of w

31、it-nesses, exhibits or other evidence may be waived by the chairman of the board of inquiry. 845.24 Right of representation. Any person who appears to testify at a public hearing shall be accorded the right to be accompanied, represented, or advised by counsel or by any other duly qualified represen

32、tative. 845.25 Examination of witnesses. (a) Witnesses shall be initially exam-ined by the board of inquiry or its tech-nical panel. Following such examina-tion, parties to the hearing shall be given the opportunity to examine such witnesses. (b) Materiality, relevancy, and com-petency of witness te

33、stimony, exhibits, or physical evidence shall not be the subject of objections in the legal sense by a party to the hearing or any other person. Such matters shall be con-trolled by rulings of the chairman of the board of inquiry on his own mo-tion. If the examination of a witness by a party is inte

34、rrupted by a ruling of the chairman of the board of inquiry, opportunity shall be given to show ma-teriality, relevancy, or competency of the testimony or evidence sought to be elicited from the witness. 845.26 Evidence. The chairman of the board of inquiry shall receive all testimony and evi-dence

35、which may be of aid in deter-mining the cause of accident. He may exclude any testimony or exhibits which are not pertinent to the inves-tigation or are merely cumulative. 845.27 Proposed findings. Any party may submit proposed find-ings to be drawn from the testimony and exhibits, a proposed probab

36、le cause, and proposed safety rec-ommendations designed to prevent fu-ture accidents. The proposals shall be submitted within the time specified by the presiding officer at the close of the hearing, and shall be made a part of the public docket. Parties to the hear-ing shall serve copies of their pr

37、oposals on all other parties to the hearing. 48 FR 52740, Nov. 22, 1983 845.28 Stenographic transcript. A verbatim report of the hearing shall be taken. Copies of the transcript may be obtained by any interested per-son from the Board or from the court reporting firm preparing the transcript upon pa

38、yment of the fees fixed there-for. (See part 801, AppendixFee Schedule.) 845.29 Payment of witnesses. Any witness subpenaed to attend the hearing under this part shall be paid such fees for his travel and attendance as shall be certified by the hearing offi-cer. VerDate Mar2010 10:10 Dec 13, 2010 Jk

39、t 220218 PO 00000 Frm 00625 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-616 49 CFR Ch. VIII (10110 Edition) 845.40 Subpart CBoard Reports 845.40 Accident report. (a) The

40、Board will issue a detailed narrative accident report in connection with the investigation into those acci-dents which the Board determines to warrant such a report. The report will set forth the facts, conditions and cir-cumstances relating to the accident and the probable cause thereof, along with

41、 any appropriate recommendations formulated on the basis of the inves-tigation. (b) The probable cause and facts, con-ditions, and circumstances of all other accidents will be reported in a manner and form prescribed by the Board. 845.41 Petitions for reconsideration or modification. (a) Petitions f

42、or reconsideration or modification of the Boards findings and determination of probable cause filed by a party to an investigation or hearing or other person having a direct interest in the accident investigation will be entertained only if based on the discovery of new evidence or on a show-ing tha

43、t the Boards findings are erro-neous. The petitions shall be in writ-ing. Petitions which are repetitious of proposed findings submitted pursuant to 845.27, or of positions previously ad-vanced, and petitions filed by a party to the hearing who failed to submit proposed findings pursuant to 845.27 w

44、ill not be entertained. Petitions based on the discovery of new matter shall: identify the new matter; contain affi-davits of prospective witnesses, au-thenticated documents, or both, or an explanation of why such substantiation is unavailable; and state why the new matter was not available prior to

45、 Boards adoption of its findings. Peti-tions based on a claim of erroneous findings shall set forth in detail the grounds relied upon. (b) When a petition for reconsider-ation or modification is filed with the Board, copies of the petition and any supporting documentation shall be served on all othe

46、r parties to the inves-tigation or hearing and proof of service shall be attached to the petition. The other parties may file comments no later than 90 days after service of the petition. (c) Oral presentation before the Board normally will not form a part of proceedings under this part. However, th

47、e Board may permit oral presen-tation where a party or interested per-son makes an affirmative showing that the written petition for reconsider-ation or modification is an insufficient means to present the partys or per-sons position to the Board. Where oral presentation is allowed, the Board will s

48、pecify the issues to be addressed and all parties to the investigation or hear-ing will be given notice and the oppor-tunity to participate. 48 FR 52740, Nov. 22, 1983 Subpart DPublic Record 845.50 Public docket. (a) The public docket shall include all factual information concerning the accident. Pr

49、oposed findings submitted pursuant to 831.12 or 845.27 and peti-tions for reconsideration and modifica-tion submitted pursuant to 845.41, comments thereon by other parties, and the Boards rulings, shall also be placed in the public docket. (b) The docket shall be established as soon as practicable following the acci-dent, and material shall be added thereto as it becomes available. Where a hearing is held