ICAO CIRCULAR 285-2001 Guidance on Assistance to Aircraft Accident Victims and Their Families《对飞机事故受害者以及他们的家人的援助指南》.pdf

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1、ICA0 CIRCULAR 285-AN/166 CIRCULAR 2001 GUIDANCE ON ASSISTANCE TO AIRCRAFT ACCIDENT VICTIMS AND THEIR FAMILIES Approved by the Secretary General and published under his authority INTERNATIONAL CIVIL AVIATION ORGANIZATION MONTREAL CANADA COPYRIGHT International Civil Aviation OrganizationLicensed by I

2、nformation Handling ServicesPublished in separate English, Arabic, French, Russian and Spanish editions by the International Civil Aviation Organization. All correspondence, except orders and subscriptions, should be addressed to the Secretary General. Orders should be sent to one of the following a

3、ddresses, together with the appropriate remittance (by bank draft, cheque or money order) in U.S. dollars or the currency of the country in which the order is placed. Credit card orders (American Express, MasterCard and Visa) are accepted at ICAO Headquarters. International Civil Aviation Organizati

4、on. Attention: Document Sales Unit 999 University Street, Montreal, Quebec, Canada H3C 5H7 Telephone: +1 (514) 954-8022; Telex: 05-24513; Facsimile: +1 (514) 954-6769; Sitatex: YULADYA; E-mail: sales-unit icao.int Cairo Airport Road, Heliopolis, Cairo 11776 Telephone: +20 (2) 267-4840; Facsimile: +2

5、0 (2) 267-4843; Sitatex: CAICAYA 92522 Neuilly-sur-Seine (Cedex) Tlphone: +33 (1) 46 41 85 85; Tlcopieur: +33 (1) 46 41 85 00; Sitatex: PAREUYA or 17 Park Street, Calcutta 700016 Telephone: +91 (11) 331-5896; Facsimile +91 (li) 332-2639 Telephone: +81 (3) 3503-2686; Facsimile: +81 (3) 3503-2689 P.O.

6、 Box 46294, Nairobi Telephone: +254 (2) 622-395; Facsimile: +254 (2) 226-706; Sitatex: NBOCAYA Masaryk No. 29-3er. piso, Col. Chapultepec Morales, Mxico, D.F., 11570 Telfono: +52 (5) 250-321 1; Facsimile: +52 (5) 203-2757; Sitatex: MEXCAYA Peru. Director Regional de la OACI, Oficina Sudamrica, Apart

7、ado 4127, Lima 100 Telfono: +51 (i) 302260; Facsimile: +51 (1) 640393; Sitatex: LIMCAYA Russian Federation. Aviaizdat, 48, I. Franko Street, Moscow 121351 Telephone: +7 (095) 417-0405; Facsimile: +7 (095) 417-0254 Senegal. Directeur rgional de IOACI, Bureau Afrique occidentale et centrale, Bote post

8、ale 2356, Dakar Tlphone: +221 8-23-54-52; Tlcopieur: +221 8-23-69-26; Sitatex: DKRCAYA Slovakia. Air Traffic Services of the Slovak Republic, Letov prevdzkov sluzby Slovenskej Republiky, State Enterprise, Letisko M.R. Stefnika, 823 07 Bratislava 21, Slovak Republic Telephone: +421 (7) 4857 11 11; Fa

9、csimile: +421 (7) 4857 2105 Telephone: +27 (1 1) 3 15-0003/4; Facsimile: +27 (1 1) 805-3649; E-mail: Planta Tercera, Despacho 3. 11, 28027 Madrid Telfono: +34 (91) 321-3148; Facsimile: +34 (91) 321-3157; Correo electrnico: sscc.ventasoaciaena.es Thailand. ICAO Regional Director, Asia and Pacific Of

10、fice, P.O. Box 11, Samyaek Ladprao, Bangkok 10901 Telephone: +66 (2) 537-8189; Facsimile: +66 (2) 537-8199; Sitatex: BKKCAYA United Kingdom. Westward Documedia, 37 Windsor Street, Cheltenham, Glos., GL52 2DG Telephone: +44 (1242) 235-151; Facsimile: +44 (1242) 584-139 Egypt. ICAO Regional Director,

11、Middle East Office, Egyptian Civil Aviation Complex, Frunce. Directeur rgional de IOACI, Bureau Europe et Atlantique Nord, 3 bis, villa mile-Bergerat, India. Oxford Book and Stationery Co., Scindia House, New Delhi 110001 Japan. Japan Civil Aviation Promotion Foundation, 15-12, 1 -chome, Toranomon,

12、Minato-Ku, Tokyo Kenya. ICAO Regional Director, Eastern and Southern African Office, United Nations Accommodation, Mexico. Director Regional de la OACI, Oficina Norteamrica, Centroamrica y Caribe, South Africa. Avex Air Training (Pty) Ltd., Private Bag X102, Halfway House, 1685, Johannesburg, Republ

13、ic of South Africa Spain. A.E.N.A. - Aeropuertos Espaoles y Navegacin Area, Calle Juan Ignacio Luca de Tena, 14, 2/01 Catalogue of ICAO Publications and Audio-visual Training Aids Issued annually, the Catalogue lists all publications and audio-visual training aids currently available. Monthly supple

14、ments announce new publications and audio-visual training aids, amendments, supplements, reprints, etc. Available free from the Document Sales Unit, ICAO COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling ServicesINTRODUCTION 1. An aircraft accident is an unexpected

15、and catastrophic event. Despite improvements in the aviation safety record, the expected increase in air traffic is likely to result in an increasing number of accident victims in the foreseeable future. Distress is an inevitable consequence of any accident in which people are killed or injured. In

16、recent years, concern for persons who have suffered distress and loss as the result of aircraft accidents has led to increased efforts within the aviation industry to establish means by which the anguish can best be mitigated. 2. During its 32nd Session in October 1998, the International Civil Aviat

17、ion Organization (ICAO) Assembly considered the subject of assistance to aircraft accident victims and their families. Following a discussion, the Assembly adopted Resolution A32-7 which stated that: the State of Occurrence should address the most critical needs of persons affected by a civil aviati

18、on accident; ICAOs policy should be to ensure that the mental, physical and spiritual well-being of aircraft accident victims and their families are considered and accommodated by ICAO and its Contracting States; it is essential that ICAO and its Contracting States recognize the importancn ” x- noti

19、fication of family members of victims involved in aircraft accidents, the p- and accurate identification of the fatalities, the return of the victims person . dissemination of pertinent information to family members; governments of nationals, who are victims of aircraft accidents, have the assisting

20、 the families of the victims; it is essential that support be provided to family members of aircraft accident victims, wherever the accident may occur, and any lessons learnt from support providers, including effective procedures and policies, be promptly disseminated to ICAO and Contracting States

21、in order to improve States family support operations; harmonization of the regulations for dealing with the needs of aircraft accident victims and their families is a humanitarian duty and an optional function of the ICAO Council contemplated in Article 55 (c) of the Chicago Convention; States shoul

22、d provide a homogeneous solution for treatment of aircraft accident victims and their families; the aircraft operator involved in an aircraft accident is often best suited to assist families immediately following an accident; family members of aircraft accident victims, irrespective of where the acc

23、ident occurs or the nationality of the victims, have certain fundamental human needs and emotions; and COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling Services(ii) ICAO Circular 285-AN1166 public attention will continue to focus on the human-interest aspects of ai

24、rcraft accidents as well as States technical investigations of these events. In consequence, the Assembly: called on Contracting States to reaffirm their commitment to support civil aviation accident victims and their families; urged Contracting States, in cooperation with ICAO and other States, to

25、promptly review, develop and implement regulations and programmes to provide that support; urged States that have regulations and programmes for dealing with the affairs of aircraft accident victims and their families to make them available to ICAO for possible assistance to other States; and urged

26、the ICAO Council to develop material citing the need for the establishment of regulations and programmes by Contracting States and their aircraft operators to support aircraft accident victims and their families. 3. Resolution No. 2 of the International Conference on Air Law, which was held in Montr

27、eal from 10 to 28 May 1999, recognized the tragic consequences that flow from aircraft accidents. The conference was mindful of the plight of aircraft accident victims and their families and tookinto account their immediate needs. In so doing, the conference urged air carriers to make advance paymen

28、ts, without delay, based on the immediate economic needs of aircraft accident victims and their families. The conference also encouraged States that are parties to the Convention for the Unification of Certain Rules for International Carriage by Air, adopted on 28 May 1999, at Montreal, to take appr

29、opriate measures under national law to promote such action by carriers. 4. Accordingly, the objective of this circular is to provide guidance on the types of family assistance that may be provided to aircraft accident victims and their families and the avenues available for providing that assistance

30、. It aims to better prepare all parties involved, to facilitate the coordination between them and to describe the scope of their involvement. This circular also furnishes guidelines for the establishment of appropriate legislation, regulations and programmes by Contracting States and their aircraft

31、operators in order to support aircraft accident victims and their families. 5. Irrespective of the scale of an accident, the victims and their families should receive appropriate assistance. Because of variations in the size and circumstances of aircraft accidents, the extent of the resources requir

32、ed to provide family assistance will vary considerably. Therefore, planning for such events is necessary to ensure that in the event of a large aircraft accident the assistance provided to the victims and their families does not exhaust the available resources. 6. This circular discusses: the termin

33、ology used in the circular; the persons to whom assistance should be given; the types of family assistance; when assistance should be given; COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling ServicesICA0 Circular 285-AN/I 66 (iii) * family assistance providers; fact

34、ors which may limit the assistance provided; planning for the provision of assistance to the victims and their families; and the formulation of legislation and regulations for the provision of assistance to the victims and their families. This circular should enable States to prepare a plan for the

35、provision of family assistance in the event of an aircraft accident. Such a plan should be readily adaptable to other disasters in which there are a large number of casualties. 7. The appendices provide extracts from one States legislation on the subject, examples of a family assistance plan and a v

36、ictim identification plan, as well as one airlines guidance material on laws, customs and culture at international destinations. The material presented in Appendices 1 and 2 is reproduced with the authorization of the National Transportation Safety Board (NTSB) of the United States. The material in

37、Appendix 3 is reproduced from the New Zealand Polices Manual of Best Practice by kind permission of the New Zealand Police. COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling ServicesTABLE OF CONTENTS Page 1 1 2 Chapter 1. Terminology . Aircraft accident 1 Aircraft a

38、ccident investigation authority . 1 Coordinator Family . Familyassistance 2 Provider . 2 Stateofoccurrence 3 . 3 Victim . 4 Chapter 2. Recipients of family assistance . 5 Chapter 3. Qpes of family assistance . Confirmation of the involvement of a family member in an aircraft accident . 5 5 Counselli

39、ng Privacy 6 6 Immediate financial assistance . 6 Immigration and customs formalities 6 Visits to the accident site 6 Identification, custody and return of human remains 7 Protection and return of personal effects 7 Provision of information 7 Liaison with families Memorials 8 . 8 Legal advice Cockpi

40、t voice recorder extracts 8 Familyassociations 8 . . . . 9 Chapter 4. When family assistance should be provided . Chapter 5. Family assistance providers Coordinating agency . 10 The aircraft operator . 11 The aircraft accident investigation authority 12 Authorities responsible for victim identificat

41、ion . The civil aviation authority Diplomatic and consular staff Immigration and customs authorities 1 O Stateofoccurrence 10 12 12 Thepolice . 12 13 13 COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling Services(vi) ICA0 Circular 285-AN/166 . Page Aidagencies . 13 A

42、uthorized commercial companies 13 Family associations 14 Chapter 6 . Extent of family assistance . 15 Time span . 15 The concept of family 15 Resources . 15 Chapter 7 . Preparation of a family assistance plan Step one . Determine the size of accidents for which the plan will apply . Step two . Deter

43、mine the types of assistance to be provided . Step three . Determine the agencies that will provide the assistance Step four . Draft the plan Step five . Review the plan Step six . Enact the legislation necessary to implement the plan . Step seven . Exercise the plan periodically . 1 17 17 18 19 22

44、22 23 23 Chapter the initial notification to the families of passengers may include family members of passengers who survive; s visits to the accident site and attendance at memorial services may involve persons with a special relationship to those who lost their lives as a result of the accident; a

45、nd immediate financial assistance will be specifically directed. to family members who are dependents of a victim. i .9 family members of aircraft accident victims. To avoid repetition, the words “family” and “families” will be used hereafter when referring to the FAMILY ASSISTANCE 1.10 Family assis

46、tance is the help provided to the families and to the survivors of an aircraft accident. The various types of family assistance that may be relevant in the aftermath of an aircraft accident are discussed in Chapter 3. 1.1 1 families regardless of the size and circumstances of the accident. The famil

47、y assistance envisaged in this circular applies to all aircraft accident victims and their PROVIDER 1.12 Providers of assistance can be government agencies, aircraft operators, private contractors and aid agencies, such as the Red Cross and the Red Crescent. Each agency must have a role that has bee

48、n predetermined. There may be more than one provider for each type of family assistance. COPYRIGHT International Civil Aviation OrganizationLicensed by Information Handling ServicesICAO Circular 285-AN/66 3 STATE OF OCCURRENCE 1.13 or incident occurs.” The State of Occurrence is defined in Annex 13

49、as “The State in the territory of which an accident 1.14 Annex 13 contains two Standards relating to the investigation of an accident when the location of the accident site is not established as being in the territory of any State. These Standards, which are part of Chapter 5 of the Annex, read as follows: “State of Registry 5.3 When the location of the accident or the serious incident cannot definitely be established as being in the territory of any State, the State of Registry shall institute and conduct any necessary investigation