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Aviation Law, 5771-2011

חוק הטיס, תשע"א-2011

Published: 2011-04-13Consolidated Hebrew text as of 2026-08-02 · Last amended 2026-07-28✓ Amendment status checked against the Knesset legislation record on 2026-09-29
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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Chapter VII: Investigation of a Safety Occurrence

Section A: Definitions

Definitions – Chapter VII§
103.

In this Chapter –

"involved person" – any one of the following, as the case may be:

(1)the owner or aerial operator of an aircraft involved in a safety occurrence, or any crew member on such aircraft;
(2)any person involved in the maintenance, design or manufacture of an aircraft involved in a safety occurrence or in the training of its crew members;
(3)any person involved in providing ATC services or ground services to the aircraft involved in a safety occurrence;
(4)an employee of the Authority;

"safety occurrence" – an aviation accident or aviation incident, including a serious incident;

"serious safety occurrence" – an aviation accident or a serious incident;

"investigating body" – an authority empowered by law to investigate criminal offences;

"contributing factor" – an action, omission, event, condition or combination thereof, which, had it been removed, prevented or had it not existed, the probability of the safety occurrence occurring would have been lower or the adverse consequences of the occurrence would have been avoided or reduced;

"safety recommendation" – a proposal by the Director of the Safety Investigation Authority, the purpose of which is to prevent safety occurrences;

"operational time" – any one of the following periods, as the case may be:

(1)in a manned aircraft – the period from the moment a person boards the aircraft with the intention of flying therein until the last person disembarks from the aircraft;
(2)in an unmanned aircraft – the period from the moment the aircraft is ready to move for the purpose of flight until it comes to a complete stop at the end of the flight and the main propulsion system is shut down;

"the chief investigator" – (Repealed)

"computer material" and "output" – as defined in the Computers Law, 5755-1995;

"investigator" – a person authorised pursuant to section 115;

"appointed investigator" – a person appointed as appointed investigator pursuant to section 115(d);

"object" – including a certificate, computer material, a document including output, and anything capable of serving as evidence in a safety investigation;

"safety investigation" – within the meaning of section 104;

"aircraft" – including a gliding craft whose operation requires a licence pursuant to section 87 or 88;

"State of Occurrence" – a state in whose territorial area a safety occurrence took place;

"involved state" – the State of Registry, State of Operator, State of Design or State of Manufacture, of an aircraft involved in a safety occurrence, as well as any other state concerned as determined in the provisions of Annex 13 to the Convention;

"State of Manufacture" – the state having jurisdiction over the entity responsible for the final assembly of the aircraft, engine or propeller;

"State of Design" – the state having jurisdiction over the entity responsible for the design of the basic Type of the aircraft;

"Maximum Mass", in relation to an aircraft – the maximum certificated take-off mass pursuant to the flight manual of that aircraft or pursuant to another appropriate document within the meaning of section 63(b)(3);

"cause" – an action, omission, event or condition, or a combination thereof, that led to the safety occurrence;

"aviation accident" – an occurrence associated with the operation of an aircraft, that took place during operational time of the aircraft, in the course of which one of the following occurred, all as determined by the Minister pursuant to section 129(3):

(1)a person was killed or suffered serious injury;
(2)serious damage or structural failure was caused to the aircraft;
(3)the aircraft is missing or cannot be reached; for this purpose, an aircraft shall be deemed missing if its wreckage has not been found and the official search therefor has been discontinued by the competent authority in the State of Occurrence;

"aviation incident" – an occurrence other than an aviation accident, associated with the operation of an aircraft, that took place during operational time of the aircraft and affected or could have affected the safety of its operation;

"serious incident" – an aviation incident in circumstances indicating that there was a high probability that an aviation accident would occur.

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Section B: Safety Investigation and Its Purpose

Safety Investigation§
104.

An investigation of a safety occurrence under this Chapter is a proceeding comprising the collection and analysis of information, the drawing of conclusions, including the determination of the causes of the safety occurrence or the factors that contributed to its occurrence, and the making of safety recommendations based on information that emerged from the investigation and pertaining to the matter, to the extent that the Director of the Safety Investigation Authority considers it necessary (in this Chapter – safety investigation).

Purpose of a Safety Investigation§
105.

The sole purpose of a safety investigation is the prevention of safety occurrences, and its aim is not the attribution of civil, criminal or disciplinary liability in respect of such occurrences.

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Section C: Notifications of a Serious Safety Occurrence

Notification of a Serious Safety Occurrence§
106.
(a)An involved person who has knowledge of the occurrence of a serious safety occurrence shall, without delay, give an oral notification thereof, personally where possible, and a written notification, to the Safety Investigation Authority; in such notification the person shall state, inter alia, the location of the occurrence, the time of the occurrence and its particulars.
(b)If an involved person is prevented from giving notification as provided in subsection (a), he shall notify the Safety Investigation Authority of the serious safety occurrence in writing, immediately after the circumstances that gave rise to the prevention have ceased to exist.
(c)The Director of the Safety Investigation Authority shall transmit a report on a serious safety occurrence in respect of which notification was given to him as provided in this Section, to the Minister and to the Director, as soon as possible.
(d)Nothing in the provisions of this Section shall derogate from the obligation of an involved person to report the safety occurrence also pursuant to section 138.

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Section D: Director of the Safety Investigation Authority and Investigators

107.§

(Repealed — תשפ״ד־3)

Functions of the Director of the Safety Investigation Authority§
108.
(a)The Director of the Safety Investigation Authority shall be responsible for the conduct of safety investigations pursuant to the provisions of this Chapter.
(b)In performing his functions, the Director of the Safety Investigation Authority shall act in accordance with the provisions of Annex 13 to the Convention, to the extent that they are applicable in Israel, except for provisions in respect of which the Director has notified the International Aviation Organisation, pursuant to the provisions of section 4(b) of the Civil Aviation Authority Law, that Israel acts in a different manner.
Independence§
109.

In conducting a safety investigation under this Chapter, the Director of the Safety Investigation Authority and his deputy are subject to no authority other than the authority of the law; the provisions of this Section shall also apply to an investigator authorised pursuant to section 115, subject to the provisions of subsection (c) of that Section.

Opening, Discontinuation and Resumption of a Safety Investigation§
110.
(a)Where the Director of the Safety Investigation Authority becomes aware of a safety occurrence in respect of which Israel is obligated to open a safety investigation pursuant to the provisions of Annex 13 to the Convention, the Director shall open a safety investigation pursuant to the provisions of this Chapter.
(b)Where the Director of the Safety Investigation Authority receives notification of a safety occurrence that is not an occurrence as referred to in subsection (a), the Director may open a safety investigation pursuant to the provisions of this Chapter, if the Director finds that the investigation is capable of advancing aviation safety.
(b1)Notwithstanding the provisions of subsections (a) and (b), the Minister, upon a proposal by the Authority or in consultation with it and with the approval of the Committee, may prescribe provisions regarding the opening of a safety investigation in respect of a safety occurrence involving an unmanned aircraft and the conduct thereof; in Regulations pursuant to this subsection the Minister may prescribe that the provisions of this Chapter shall apply with modifications, as the Minister shall determine.
(b2)Where the Director of the Safety Investigation Authority becomes aware of an occurrence connected with the operation of an aircraft, that took place while the aircraft was in motion and not during operational time, at an aerodrome in which air traffic supervision and control services are provided, the Director may open a safety investigation pursuant to the provisions of this Chapter, if the Director finds that the investigation is capable of advancing aviation safety, and such an occurrence shall be deemed a safety occurrence for the purposes of this Chapter and for the purposes of Chapter VIII.
(c)The Director of the Safety Investigation Authority may –
(1)discontinue a safety investigation if the Director considers that it is not capable of advancing aviation safety;
(2)resume a safety investigation that has been discontinued or concluded, if new facts have come to light that were not known to the Director at the time of the previous investigation;
(3)order an additional safety investigation or supplementation of an investigation, of the same safety occurrence, by the same investigators or by other investigators.
(d)Where the Director of the Safety Investigation Authority has opened a safety investigation pursuant to this section in respect of a safety occurrence that took place in Israel, the Director shall without delay transmit a Notification in respect of the safety occurrence to an involved state, and in respect of such a safety occurrence involving an aircraft whose maximum certificated take-off mass exceeds 2,250 kg or a jet-propelled aircraft – also to the International Aviation Organisation; such a Notification shall be drawn up in accordance with the provisions of Annex 13 to the Convention.
Restriction of Access to an Aircraft and to Evidence§
111.
(a)If a serious safety occurrence has taken place, no person shall approach the aircraft that was involved in the occurrence, including its parts or wreckage, the real property on which they are located or the real property in their vicinity, shall not cause any change in the condition of the aircraft and shall not touch an article that may serve as evidence in the safety investigation, except for the purpose of saving lives or treating casualties, preventing the destruction of the aircraft or for other purposes determined by the Minister, including the protection of public safety, all subject to the conditions he has determined, or if the Director of the Safety Investigation Authority has permitted this and in accordance with the conditions he has directed.
(b)If a serious safety occurrence has taken place at an aerodrome, a landing site or other real property, the Director of the Safety Investigation Authority shall exercise his power under subsection (a) in a manner that minimises, to the extent possible, the degree of harm to the normal operation of the aerodrome or landing site or the degree of harm to the reasonable use of the other real property.
(c)Nothing in the provisions of this Section shall derogate from the provisions of section 127.
Restriction of Access to an Interviewee§
112.
(a)If a serious safety occurrence has taken place or if the Director of the Safety Investigation Authority has opened an investigation of a safety occurrence pursuant to section 110, an inspector appointed pursuant to Chapter VI or an investigating body, excluding the General Security Service and the Israel Police, shall not exercise its powers under law with regard to the obtaining of testimony and information connected to the said occurrence, from an involved person or from a person who was a witness to the occurrence, unless the Director of the Safety Investigation Authority has permitted this and in accordance with the conditions he has directed, all within one of the following periods:
(1)in respect of a safety occurrence that took place during the period referred to in paragraph (1) of the definition of "operating time" – 48 hours from the time of the landing in Israel of an involved person or a person who was a witness to the occurrence;
(2)in respect of a safety occurrence that took place during the period referred to in paragraph (2) of the definition of "operating time" – 48 hours from the time the occurrence took place;
(3)if a person is prevented from providing information and testimony in respect of a safety occurrence, including due to his medical condition – 48 hours from the time when the circumstances that gave rise to the prevention ceased to exist.
(b)If a serious safety occurrence has taken place or if the Director of the Safety Investigation Authority has opened an investigation of a safety occurrence pursuant to section 110, a licence holder under this Law shall not obtain information and testimony from any employee of his who is an involved person or who was a witness to the occurrence, except after one of the periods set out in subsection (a) has elapsed, as the case may be; however, he may obtain information and testimony even before one of the said periods has elapsed, to the extent required for the purpose of making a decision regarding immediate measures for the protection of human life and aviation safety.
(c)Nothing in the provisions of this Section shall derogate from the provisions of section 127.
Power to Prohibit the Operation of an Aircraft for the Purpose of a Safety Investigation§
113.

If a serious safety occurrence has taken place, the Director of the Safety Investigation Authority may, for the purpose of conducting the safety investigation and exhausting its proceedings, direct that the operation of the aircraft be prohibited for a period and subject to conditions as he shall direct; the provisions of section 111(b) shall apply, mutatis mutandis, to the exercise of a power under this Section.

Powers for the Purpose of a Safety Investigation§
114.
(a)For the purpose of performing his functions, the Director of the Safety Investigation Authority shall have, in respect of a safety investigation, the powers set out below, provided that he shall not exercise them unless he has first identified himself:
(1)the powers vested in the chairperson of a commission of inquiry pursuant to section 9(a)(1) and (4) of the Commissions of Inquiry Law, 5729-1968;
(2)the power to require any person to provide his name and address and to present before him an identity card or other official document identifying him;
(3)the power to require any person concerned to provide him with any information or document relating to the investigation;
(4)the power to carry out examinations or measurements and to take samples for examination, and to direct that samples be delivered for laboratory examination or that they be kept for a period as he shall direct, or that they be dealt with in another manner, including the power to conduct alcohol and drug tests pursuant to section 97, and for this purpose the provisions of section 99(a), (b) and (f) to (j) shall apply, mutatis mutandis;
(5)the power to enter any place, including an aircraft, for the purpose of conducting the investigation, provided that he shall not enter a place used for residential purposes except pursuant to an Order of a court;
(6)the power to seize any article required for the conduct of the investigation, subject to the provisions of subsection (b);
(7)in respect of a serious safety occurrence – the power to take measures for the purpose of preserving the site where the occurrence took place, the aircraft, any part thereof and any thing that may serve as evidence in the investigation, or for the purpose of transporting the aircraft or any part thereof for the purpose of the investigation, or to direct the owner of the aircraft or the aerial operator of the aircraft to take such measures; the provisions of section 111(b) shall apply, mutatis mutandis, to the exercise of a power under this paragraph.
(8)in respect of an aviation accident in which a crew member or passenger on the aircraft was killed – the power to approach the National Centre for Forensic Medicine at the Ministry of Health, for the purpose of investigating the cause and circumstances of the death of the crew member, or in special circumstances – of the passenger on the aircraft, including the performance of medical procedures, including autopsy, at the discretion of the medical authority, as well as the power to receive into the hands of the Director of the Safety Investigation Authority the results of the examinations or autopsy; nothing in the provisions of this paragraph shall derogate from the provisions of section 127, or from the provisions of the Anatomy and Pathology Law, 5713-1953, with regard to the performance of an autopsy.
(b)The following provisions shall apply to the seizure of an article pursuant to subsection (a)(6):
(1)the Director of the Safety Investigation Authority shall prepare a list of the articles seized, including particulars of the place of their seizure, the date of their seizure and the person from whom they were seized;
(2)if an article that was seized is one from which a copy can be made, the Director of the Safety Investigation Authority shall allow the person from whom the article was seized, the owner of that article or the Director, upon request, to copy it; however, the Director of the Safety Investigation Authority may defer the copying of the article for a period not exceeding 90 days, if in his opinion such copying is liable to obstruct the investigation;
(3)if an article that was seized, in the framework of an investigation of a serious safety occurrence, is one from which a copy can be made, the Director of the Safety Investigation Authority may defer its copying for a period exceeding 90 days until the conclusion of the safety investigation (in this paragraph – the deferral period), to the extent required and for special reasons that shall be recorded, if in his opinion such copying is liable to obstruct the investigation; extending the deferral period to a period exceeding one year requires the approval of a Magistrate's Court;
(4)notwithstanding the provisions of paragraphs (2) and (3), the seizure of an article that is a computer or computer material, including the penetration of such material, shall be subject to the provisions of section 23a of the Arrest and Search Ordinance, mutatis mutandis, and the copying of an article that is computer material shall be subject to the provisions of section 32a of the said Ordinance, mutatis mutandis, and the powers vested in the police and a police officer under that section shall be vested in the Director of the Safety Investigation Authority; in this paragraph, "computer" and "computer material" – excluding a computer installed in or carried on an aircraft, or computer material seized from such a computer, and excluding computer material of a holder of a licence to operate an ATC unit, which is connected to the provision of ATC services;
(5)upon publication of the final report as referred to in section 119, the Director of the Safety Investigation Authority shall, within 45 days of the date of its publication, return an article seized pursuant to this Section to the person from whose possession it was seized or to its owner, unless the Magistrate's Court within whose jurisdiction the article was seized has directed otherwise; if a doubt arises as to whom a seized article is to be returned, the said court shall decide the matter, upon the application of the Director of the Safety Investigation Authority or upon the application of a person claiming a right in the article;
(6)notwithstanding the provisions of paragraph (5), an article that consists of aircraft wreckage shall not be returned except at the request of its owner and at his expense, unless the Magistrate's Court within whose jurisdiction the article was seized has directed otherwise; an owner of such an article who wishes to receive it back shall submit his request to the Director of the Safety Investigation Authority within 45 days of the date of publication of the final report; if the owner has not submitted such a request, the Director of the Safety Investigation Authority may deal with the article at his discretion;
(7)notwithstanding the provisions of paragraphs (5) and (6), a court may direct, upon the application of an interested party, that an article seized by the Director of the Safety Investigation Authority pursuant to this Section shall not be returned to its owner but shall be transferred to an interested party, upon his application, or shall remain in the hands of the Director of the Safety Investigation Authority until the conclusion of legal proceedings in which the article may serve as evidence, or until another date as the court shall determine.
(c)The Director of the Safety Investigation Authority shall not deliver an article seized pursuant to this Section or a copy of such an article except in accordance with the provisions of subsection (b)(5) to (7).
Authorisation of Investigators§
115.
(a)The Director of the Safety Investigation Authority may authorise, from among the employees of the Ministry of Transport and Road Safety, investigators to carry out safety investigations.
(b)An investigator shall not be authorised pursuant to the provisions of subsection (a) unless all of the following conditions are satisfied in respect of that person:
(1)the Israel Police has notified, no later than three months from the date on which the Director of the Safety Investigation Authority approached it and received the employee's particulars, that it does not object to that person's authorisation on grounds of public safety, including on account of that person's criminal record;
(2)the person holds knowledge and experience in the field of aviation and meets eligibility conditions, including appropriate professional training, all as directed by the Director of the Safety Investigation Authority with the approval of the Minister;
(3)the person has received appropriate training in the field of the powers to be vested in that person under this Chapter, as directed by the Minister with the consent of the Minister responsible for Internal Security and in accordance with the provisions of Annex 13 to the Convention;
(4)the person has met additional eligibility conditions, to the extent directed by the Minister with the consent of the Minister responsible for Internal Security and in accordance with the provisions of Annex 13 to the Convention.
(c)In carrying out safety investigations, an investigator authorised pursuant to this section shall act under the supervision of the Director of the Safety Investigation Authority and in accordance with that Director's instructions.
(d)Where the Director of the Safety Investigation Authority has decided to open a safety investigation in respect of a safety occurrence, the Director shall appoint, from among the investigators authorised pursuant to subsection (a), an investigator who shall be in charge of conducting the safety investigation of that occurrence (in this section – the appointed investigator), and the Director of the Authority may, if required, appoint one or more additional investigators, from among the investigators authorised as aforesaid, to conduct the safety investigation; without derogating from the provisions of subsection (c), additional investigators appointed pursuant to this subsection shall act in accordance with the directions of the appointed investigator.
(e)Where the Director of the Safety Investigation Authority has appointed an appointed investigator or one or more additional investigators pursuant to subsection (d), the Director of the Safety Investigation Authority may authorise them, for the purpose of conducting the safety investigation, with all or some of the powers under paragraphs (1) to (6) of section 114(a), provided that in respect of the power under paragraph (6), the Director shall authorise them only for the seizure of an object and for drawing up a list of the objects seized as referred to in section 114(b)(1).
(f)The Director of the Safety Investigation Authority shall issue to the appointed investigator and to the additional investigators authorised pursuant to this section a certificate signed by the Director, attesting to their function and powers; an appointed investigator or any other investigator shall not exercise the powers vested in that investigator unless that investigator has produced, upon request, such a certificate.
Appeal against the Exercise of Investigators' Powers§
116.

A person who considers himself aggrieved by the exercise of the powers of the Director of the Safety Investigation Authority pursuant to section 114(a)(5) and (6) or 114(b), or by the exercise of those powers by an investigator authorised to do so by the Director of the Safety Investigation Authority pursuant to section 115(e), may appeal against this to the Magistrate's Court.

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