Transport Safety Investigations Act 2018

REPUBLIC OF SINGAPORE GOVERNMENT GAZETTE ACTS SUPPLEMENT Published by Authority NO. 37] Friday, October 19 [2018 The following Act was passed by Parliament on 6 August 2018 and assented to by the President on 3 September 2018:— Transport Safety Investigations Act 2018 (No. 36 of 2018) I assent. HALIMAH YACOB, President. 3 September 2018. Date of Commencement: 1 January 2024 An Act to provide for investigation of transport occurrences and other matters affecting transport safety and for related purposes, and to make consequential and related amendments to certain other Acts. Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: PART 1 PRELIMINARY Short title and commencement 1. This Act is the Transport Safety Investigations Act 2018 and comes into operation on a date that the Minister appoints by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires — “accident” means an accident associated with the operation of a transport vehicle involving circumstances prescribed; “accident site” means any premises associated with an occurrence involving a transport vehicle, and includes — (a) premises containing the transport vehicle or any of its wreckage; (b) premises where there is an impact point associated with an accident involving the transport vehicle; (c) if the accident involved destruction or serious damage to property (other than the transport vehicle) — premises containing the damaged property or any of its remains or wreckage; and (d) such area around those premises as the Director determines to be reasonably necessary to facilitate the investigation of the occurrence and securing the premises for the purposes of the investigation; “accident site premises” means — (a) an accident site; or (b) premises that it is necessary to enter in order to get to an accident site; “aircraft” means any machine that can derive support from the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth, and includes an unmanned aircraft; “appropriate foreign authority” means an authority of a foreign country responsible for transport safety investigations and functions corresponding to investigations that must be carried out by the TSIB, and the functions of the TSIB, under this Act; “aviation occurrence” means — (a) any occurrence associated with the operation of an aircraft where the aircraft is — (i) destroyed or damaged; or (ii) missing or completely inaccessible; (b) any situation where an individual — (i) dies as a result of an occurrence associated with the operation of an aircraft; or (ii) is injured or incapacitated as a result of an occurrence associated with the operation of an aircraft; (c) any situation where any property is damaged as a result of an occurrence associated with the operation of an aircraft; (d) any situation where an aircraft is involved in a near‑accident; (e) any situation where an aircraft is involved in an occurrence that affected, or could have affected, the safety of the operation of the aircraft; or (f) any situation or condition that the Director has reasonable grounds to believe could, if left unattended, induce an occurrence or a situation described in paragraph (a), (b), (c), (d) or (e); “Civil Aviation Authority of Singapore” or “CAAS” means the Civil Aviation Authority of Singapore reconstituted by section 4 of the Civil Aviation Authority of Singapore Act (Cap. 41); “civil proceedings” means any proceedings before a Singapore court other than criminal proceedings, and includes a coroner’s inquiry; “Commissioner of Police” means a public officer who is appointed under section 6(1) of the Police Force Act (Cap. 235) as the Commissioner of Police, and includes a police officer who is for the time being appointed under that section to execute the duties of that office; “consultant” means a consultant mentioned in section 8(2)(d); “control area” means an area in a transport vehicle from which essential operational duties or functions in connection with the operation or safety of the transport vehicle are directed or controlled; “cordon”, in relation to an accident site, a transport vehicle or its wreckage, includes — (a) a physical barrier around the site, vehicle or its wreckage; or (b) a roadblock on any road or barrier in any waterway in, around or in the vicinity of, the site, vehicle or wreckage; “cordoned‑off area” means an area on which a cordon is placed by or under section 31; “criminal proceedings” means proceedings before — (a) a Singapore court for an offence punishable under any written law other than a military offence within the meaning given by the Singapore Armed Forces Act (Cap. 295); or (b) a subordinate military court or the Military Court of Appeal, or a disciplinary officer or Senior Disciplinary Committee, under the Singapore Armed Forces Act for a military offence or civil offence within the meaning given by that Act; “Director”, in relation to any provision of this Act or the regulations, means the Director of the Transport Safety Investigation Bureau of Singapore appointed under section 11(1), and includes — (a) an individual for the time being appointed under section 11(2) to execute the duties of that office; and (b) any TSIB staff member delegated under section 11(3) the power of the Director under that provision of this Act or the regulations; “disclose” — (a) in relation to information, includes divulge or communicate the information in any way; and (b) in relation to information contained in a document or other article, also includes produce the document or other article in whole or part, or make it available (in whole or part) for inspection; “draft report” includes a draft report from an appropriate foreign authority about a transport occurrence; “engage in conduct” means any act or omission, any series of acts or omissions, or both; “evidential material” means anything that may be relevant to an investigation; “exempt transport vehicle” means — (a) an aircraft used in the military, customs or police services of a foreign country; (b) a ship used in the military, customs or police services of a foreign country; (c) a Singapore military aircraft; (d) a Singapore military vessel; (e) a vessel owned by the Government and used by police officers or officers of the border control or civil defence departments of the Government; or (f) a vessel wearing the State Marine Ensign under the authority of the Chief of Navy; “film” means — (a) a cinematograph film; (b) a video recording, or a slide, disc, tape or solid state recording device containing information by the use of which one or more series of visual images may be produced electronically and shown as a moving picture; or (c) any other form of recording from which a moving visual image, including a computer generated image, can be produced and viewed (together with its soundtrack); “foreign country” means a country or territory outside of Singapore; “identification card” means an identification card issued under section 24; “immediately reportable matter” means a transport occurrence that is prescribed to be an immediately reportable matter; “information” includes data, text, maps, images, sound, codes, computer programs, software and databases; “international agreement” means a treaty or other agreement whose parties are Singapore and a foreign country, or Singapore and 2 or more foreign countries; “investigation” means an investigation under this Act; “investigator”, for an investigation, means an individual appointed under section 23 in relation to that investigation; “investigator‑in‑charge”, for an investigation, means an investigator who is designated under section 23 as the investigator‑in‑charge in relation to that investigation; “Land Transport Authority of Singapore” or “LTA” means the Land Transport Authority of Singapore established under the Land Transport Authority of Singapore Act (Cap. 158A); “marine occurrence” means — (a) any occurrence associated with the operation of a ship where the ship is — (i) destroyed or damaged; or (ii) abandoned, disabled, stranded or missing in operation; (b) any situation where an individual — (i) dies as a result of an occurrence associated with the operation of a ship; or (ii) is injured or incapacitated as a result of an occurrence associated with the operation of a ship; (c) any situation where any property is damaged as a result of an occurrence associated with the operation of a ship; (d) any situation where a ship is involved in a near‑accident; (e) any situation where a ship is involved in an occurrence that affected, or could have affected, the safety of the operation of the ship; or (f) any situation or condition that the Director has reasonable grounds to believe could, if left unattended, induce an occurrence or a situation described in paragraph (a), (b), (c), (d) or (e); “Maritime and Port Authority of Singapore” or “MPA” means the Maritime and Port Authority of Singapore established under section 4 of the Maritime and Port Authority of Singapore Act (Cap. 170A); “nominated official”, in relation to a reportable matter, means a TSIB staff member nominated (by name or office) by the Director in relation to that reportable matter; “occupier”, for any premises, includes a person present at the premises who apparently represents the occupier; “occurrence” includes an accident and a near‑accident; “ordinary reportable matter” means a transport occurrence that — (a) is not an immediately reportable matter; and (b) is prescribed to be an ordinary reportable matter; “other proceedings” means — (a) an arbitration under the Arbitration Act (Cap. 10); (b) proceedings before an Inquiry Committee appointed under the Workplace Safety and Health Act (Cap. 354A) relating to any accident, dangerous occurrence or occupational disease that has occurred in a workplace; (c) proceedings before any tribunal, authority, person or body that has power by or under any written law to require the production of documents or answering of questions, or constituted and vested by or under any written law to make a decision of an administrative character; or (d) proceedings by an employer with a view to disciplining an individual employed or engaged by the employer, including proceedings before — (i) a disciplinary officer relating to a disciplinary or service offence under the Civil Defence Act (Cap. 42) or the Police Force Act; or (ii) the Public Service Commission, the Judicial Service Commission or the Legal Service Commission relating to the misconduct of a public officer or other disciplinary matter, but does not include proceedings in Parliament or a committee of Parliament; [Act 33 of 2021 wef 10/04/2024] “photograph” means a product of photography or of a process similar to photography, other than an article or a thing in which visual images forming part of a cinematograph film have been embodied, and includes a product of xerography, photocopy, and record of an image, whether digitally or in another way; “police officer” includes — (a) a member of the Special Constabulary established under the Police Force Act; and (b) an auxiliary police officer appointed as such under Part IX of the Police Force Act; “power” includes a function or duty; “preliminary assessment” means a preliminary assessment under section 14; “premises” includes — (a) a building, structure or place, whether built on or not and whether situated underground or underwater, or any part of a building, structure or place; or (b) any vehicle, vessel or aircraft or part of it; “public authority” means — (a) any ministry, department or Organ of State of the Government; or (b) any body established by or under any public Act to perform a public function; “public passenger service motor vehicle” means a motor vehicle when used to provide regular route services under a public bus services contract entered into with the LTA; and “regular route service” and “public bus services contract” have the respective meanings given by the Bus Services Industry Act 2015 (Act 30 of 2015); “rail vehicle” means a vehicle that operates on a railway (including a vehicle that does not have wheels) and used or capable of being used — (a) as a means of transport of passengers or cargo, or both passengers and cargo; or (b) for movement on a railway in order to maintain the railway; Examples (a) Any train and rolling stock, coaches, wagons, maintenance or engineering vehicles or other railway equipment that is designed for movement along a line of railway. (b) Any locomotive, engine, track car, tender, flanger and railway crane. (c) Any tram. “railway” means a system by which vehicles are guided — (a) by means of parallel rails, tracks, grooves or other guide‑ways; (b) by means of a single rail, track, groove or other guide‑way; or (c) by any other means prescribed, but excludes an amusement ride within the meaning of the Amusement Rides Safety Act (Cap. 6A); “railway occurrence” means — (a) any occurrence associated with the operation of a rail vehicle where the rail vehicle is — (i) destroyed or damaged; or (ii) abandoned, disabled, stranded or missing in operation; (b) any situation where an individual — (i) dies as a result of an occurrence associated with the operation of a rail vehicle; or (ii) is injured or incapacitated as a result of an occurrence associated with the operation of a rail vehicle; (c) any situation where any property is damaged as a result of an occurrence associated with the operation of a rail vehicle; (d) any situation where a rail vehicle is involved in a near‑accident; (e) any situation where a rail vehicle is involved in an occurrence that affected, or could have affected, the safety of the operation of the rail vehicle; or (f) any situation or condition that the Director has reasonable grounds to believe could, if left unattended, induce an occurrence or a situation described in paragraph (a), (b), (c), (d) or (e); “regulations” means regulations made under this Act; “reportable matter” means — (a) an immediately reportable matter; or (b) an ordinary reportable matter; “responsible person”, in relation to a transport occurrence which is a reportable matter, means — (a) if the reportable matter involves an aircraft — (i) in all cases, the owner, operator and pilot‑in‑command of the aircraft, respectively, when the aviation occurrence happens; (ii) where the aviation occurrence happens on or adjacent to an aerodrome in Singapore, the owner or operator of the aerodrome also; (iii) where the aviation occurrence happens in Singapore airspace, the provider of air traffic services also; and (iv) also such persons as may be prescribed for the particular type of aviation occurrence; (b) if the reportable matter involves a ship — (i) in all cases, the owner, master and person‑in‑charge of the ship, respectively, when the marine occurrence happens; (ii) where the marine occurrence happens on or adjacent to a port in Singapore, the operator of the port also; and (iii) also such persons as may be prescribed for the particular type of marine occurrence; (c) if the reportable matter involves a rail vehicle — (i) in all cases, the owner, operator and driver of the rail vehicle, respectively, when the railway occurrence happens; (ii) where the railway occurrence happens on or adjacent to a depot or railway station in Singapore, the owner or operator of the depot or railway station also; and (iii) also such persons as may be prescribed for the particular type of railway occurrence; or (d) if the reportable matter involves a public passenger service motor vehicle, such person as may be prescribed for the particular type of occurrence; “safety action statement” means a statement — (a) setting out any safety issues identified during the course of an investigation that should be addressed; or (b) setting out any steps taken by persons to remedy safety issues identified during the course of an investigation; “ship” means any vessel which is used or capable of being used in navigation by water without regard to method or lack of propulsion, and includes — (a) a craft designed, used or capable of being used, solely or partly for navigation at sea or on an inland waterway or a body of water; (b) an air‑cushioned vehicle (such as a hovercraft) or a submersible craft; and (c) an unmanned vessel, but excludes any vessel which permanently rests on, or is permanently attached to, the seabed or is withdrawn from navigation by water or laid up; “Singapore aircraft” means an aircraft registered in Singapore under the Air Navigation Act (Cap. 6), or an aircraft owned by the Government; “Singapore military aircraft” means an aircraft used by the Singapore Armed Forces but does not include an aircraft that is registered under written law or in a foreign country; “Singapore military vessel” means a ship owned by the Government and used by the Singapore Armed Forces; “Singapore ship” means — (a) a ship registered, provisionally or otherwise, under Part II of the Merchant Shipping Act (Cap. 179) and its registry is not closed or deemed to be closed or suspended under that Part; (b) a ship owned by the Government; and (c) a fishing vessel, or a ship used to process fish, that is registered under any written law; “transport” means transport by — (a) an aircraft; (b) a ship; (c) a rail vehicle; or (d) a public passenger service motor vehicle; “transport occurrence” means — (a) an aviation occurrence; (b) a marine occurrence; (c) a railway occurrence; or (d) an occurrence associated with the operation of a public passenger service motor vehicle; “Transport Safety Investigation Bureau of Singapore” or “TSIB” means the Government department of that name established by section 8(1); “transport vehicle” means — (a) an aircraft; (b) a ship; (c) a rail vehicle; or (d) a public passenger service motor vehicle; “TSIB staff member” means — (a) the Director; or (b) an individual mentioned in section 8(2)(b) or (c); “unmanned aircraft” has the meaning given by section 2(1) of the Air Navigation Act; “unmanned vessel” means a vessel equipped wholly or substantially with an autonomous system (such as an unmanned surface vehicle and a saildrone) and includes a barge drawn by an unmanned vessel. Purpose of Act 3. The purpose of this Act is to maintain and improve transport safety by providing for — (a) the reporting of transport occurrences; (b) the conduct of investigations of transport occurrences and other matters affecting transport safety with a view to preventing similar occurrences in the future rather than to ascribe blame to any person; (c) the publication of investigation results; and (d) the regulation of the disclosure and admissibility of certain information obtained or derived from investigations under this Act into transport occurrences. Act binds Government 4.—(1) This Act binds the Government. (2) However, nothing in this Act renders the Government liable to prosecution for an offence under this Act. (3) To avoid doubt, no person is immune from prosecution for any offence under this Act by reason only that the person is engaged to provide services to the Government. Application of Act 5.—(1) Except where provided by this section, this Act applies to any transport occurrence, whenever occurring. (2) This Act applies in respect of aviation occurrences — (a) in or over Singapore; or (b) in or over any place outside Singapore if — (i) Singapore is requested to investigate, or to participate or assist in the investigation of, the aviation occurrence by an appropriate foreign authority; or (ii) the aviation occurrence — (A) involves an aircraft in respect of which, or that is operated by a person to whom, an aviation safety instrument is or has been issued under the Air Navigation Act; and (B) is in a location which cannot be definitely established as being in the territory of any country and evidential material relating to the aviation occurrence is found in Singapore. (3) This Act applies in respect of marine occurrences — (a) in Singapore; or (b) in or over any place outside Singapore if — (i) Singapore is requested to investigate, or to participate or assist in the investigation of, the marine occurrence by an appropriate foreign authority; (ii) the marine occurrence involves a Singapore ship or other ship licensed under any written law administered by the MPA; or (iii) a witness to, or a person having information concerning a matter that may have contributed to, the marine occurrence arrives or is found at any place in Singapore. (4) This Act applies in respect of railway occurrences happening on or after the relevant date — (a) in Singapore; or (b) in any place outside Singapore, if Singapore is requested to investigate, or to participate or assist in the investigation of, the railway occurrence by an appropriate foreign authority. (5) In subsection (4), “relevant date” means a date specified in an order made by the Minister and published in the Gazette for the purposes of that subsection. (6) This Act applies in respect of occurrences happening in Singapore involving the operation of a public passenger service motor vehicle. Application outside Singapore 6. This Act extends to acts, omissions, matters and things outside Singapore, unless the contrary intention appears. Interface with other written laws 7.—(1) To avoid doubt, nothing in this Act affects a police officer’s powers or duties under the Criminal Procedure Code (Cap. 68) or any other written law. (2) This Act does not affect the powers of the CAAS, the LTA, the MPA or other public authority — (a) in regulating any mode of transport under any other written law; or (b) in performing their respective functions relating to transport safety or improving transport safety, unless expressly provided otherwise by or under this Act.