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
Premium
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
This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.
Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.
Section E: Safety Investigation Report
Preliminary Report in a Safety Occurrence Investigation§
117.
(a)Following the commencement of a safety investigation and the collection of preliminary findings, in respect of a safety occurrence for which a preliminary investigation report is required to be submitted pursuant to the provisions of Annex 13 to the Convention, the Director of the Safety Investigation Authority shall prepare a preliminary investigation report and submit it to the Minister and to the Director General, as determined by the Minister; for this purpose, "preliminary investigation report" – a report containing preliminary data received in the initial stages of the safety investigation.
(b)Without derogating from the provisions of subsection (a) –
(1)in a safety investigation in respect of an aviation accident involving an aircraft whose maximum certificated take-off mass exceeds 2,250 kg, the Director of the Safety Investigation Authority shall transmit the preliminary investigation report, in English, to the involved state and to the International Aviation Organisation;
(2)in a safety investigation in respect of an aviation accident involving an aircraft whose maximum certificated take-off mass does not exceed 2,250 kg, and issues arising in it relate to the airworthiness of the aircraft or are issues which, in the opinion of the Director of the Safety Investigation Authority, a member state may have an interest in, the Director of the Safety Investigation Authority shall transmit the preliminary investigation report, in English, to the involved state.
(c)The Director of the Safety Investigation Authority shall transmit the preliminary investigation report as referred to in subsection (b) within 30 days from the date of the occurrence of the safety occurrence; however, if the Director of the Safety Investigation Authority considers that the transmission of the information contained in the preliminary investigation report is immediately required on safety grounds, the Director shall transmit the preliminary investigation report without delay.
(d)A report transmitted pursuant to subsections (a) to (c) shall not include information that may harm state security or its foreign relations.
Interim Statements in a Safety Investigation§
117a.
(a)Where a final report has not been published at the end of 12 months from the date of commencement of a safety investigation, the Director of the Safety Investigation Authority shall, at the end of that period and in each subsequent year until the date of publication of the final report as referred to in section 118, prepare an interim statement that shall include a description of the progress of the safety investigation and the safety issues that arose from the investigation up to that date; the Director of the Safety Investigation Authority shall publish the interim statements on the website of the Safety Investigation Authority.
(b)An interim statement pursuant to subsection (a) shall not include the following information and particulars:
(1)the names of those involved in the safety occurrence or other particulars identifying them;
(2)particulars whose publication constitutes an infringement of privacy within the meaning of the Privacy Protection Law, 5741-1981;
(3)information that may harm state security or its foreign relations.
Final Report in a Safety Investigation§
118.
(a)At the conclusion of a safety investigation, whether conducted by the Director personally or by investigators as referred to in section 115, the Director of the Safety Investigation Authority shall prepare a final investigation report (in this Chapter – the final report), in the manner and form determined by the Minister, inter alia in accordance with the provisions of Annex 13 to the Convention.
(b)
(1)After the final report has been formulated in draft and before it is submitted as referred to in subsection (c), the Director of the Safety Investigation Authority shall transmit a draft of the part of the final report containing the factual information, and in a safety investigation of a safety occurrence in respect of which there is an obligation to open an investigation pursuant to section 110(a) – a full draft of the final report, to the Director General and also to any person in respect of whom it is intended to determine in the final report that that person's act or omission contributed to the safety occurrence, provided that information that may harm state security or its foreign relations shall not be transmitted to that person; in this paragraph, "contributed" – directly or indirectly, alone or together with others;
(2)the Director of the Safety Investigation Authority shall notify those to whom a draft has been transmitted as referred to in paragraph (1) of their right to submit a response in the manner and within the period that the Director shall direct, and the Director may hear responses orally, including in the framework of a joint hearing for all the entities to whom the said draft was transmitted.
(b1)
(1)Without derogating from the provisions of subsection (b), in a safety investigation of a safety occurrence in respect of which there is an obligation to open an investigation pursuant to section 110(a) or (b1), the Director of the Safety Investigation Authority shall, after the final report has been formulated in draft and before it is submitted as referred to in subsection (c), transmit a full draft of the final report to the involved state;
(2)where comments on the draft final report have been received from an involved state (in this subsection – the commenting state) within 60 days from the date on which the draft was transmitted to the commenting state, or within a longer period if the Director of the Safety Investigation Authority has agreed thereto, the Director of the Safety Investigation Authority may incorporate the commenting state's comments in the final report; where the Director of the Safety Investigation Authority has decided not to incorporate the comments as aforesaid in the final report and the commenting state has so requested, the Director shall append as an annex to the final report those comments that deal with aspects relating solely to factual information;
(3)where comments on the draft final report have not been received from an involved state within the period referred to in paragraph (2), the Director of the Safety Investigation Authority may formulate the final report at the Director's discretion;
(4)the Director of the Safety Investigation Authority may authorise an involved state, upon its request, to transmit the draft report prepared as referred to in subsection (a) to another entity as the Director shall authorise;
(5)where the Director of the Safety Investigation Authority has received a draft final report from an involved state for comment, the Director shall transmit the Director's comments on the draft report to that state within 60 days from the date on which the Director received the said draft, or within a longer period if the competent authority in that state has agreed thereto;
(6)the Minister may prescribe different time limits from those prescribed in paragraphs (2) and (5), in accordance with the provisions of Annex 13 to the Convention.
(b2)The Safety Investigation Authority shall transmit to persons injured in a safety occurrence as referred to in subsection (b1) and to close family members of the persons injured or killed in such an occurrence information relating to the investigation of the occurrence prior to the publication of the final report concerning it; where the persons injured or the close family members of the persons injured or killed are residents of a foreign state, the Safety Investigation Authority shall transmit the information to them through the competent authority for conducting safety investigations in that state.
(c)
(1)After the procedure pursuant to subsection (b) or (b1) has been completed and the draft final report has been amended to the extent the Director found appropriate, the Director of the Safety Investigation Authority shall submit the final report to the Minister and to the Director General, and shall transmit it to every other relevant body and to every involved state, and in a safety investigation involving an aircraft whose maximum certificated take-off mass exceeds 5,700 kg – also to the International Aviation Organisation;
(2)the final report shall include, inter alia, conclusions and safety recommendations based on information that arose during the safety investigation, and it shall not include information that may harm state security or its foreign relations.
(c1)Without derogating from the provisions of subsection (c), where a safety recommendation has been determined in the framework of the final report that has significant implications at the global level, requiring the taking of appropriate action with appropriate urgency for the purpose of improving safety, the Director of the Safety Investigation Authority shall also transmit the recommendation to the International Aviation Organisation, even if the report does not concern a safety investigation involving an aircraft whose maximum certificated take-off mass exceeds 5,700 kg.
(d)The final report shall include the information required pursuant to Annex 13 to the Convention, and shall not include the following particulars:
(1)the names of those involved in the safety occurrence;
(2)particulars identifying those involved in the safety occurrence that are not particulars as referred to in paragraph (1), and particulars that constitute an infringement of privacy within the meaning of the Privacy Protection Law, 5741-1981, except for a particular whose inclusion in the final report is essential for the purpose of analysing the safety occurrence or drawing conclusions in respect thereof.
Publication of the Final Report§
119.
The Director of the Safety Investigation Authority shall publish the final report on the website of the Safety Investigation Authority and shall also make the report available for public inspection, free of charge, at the Ministry of Transport and Road Safety, provided that the Director shall not publish the report or any part thereof, nor make it available for public inspection as aforesaid, if doing so may harm state security or its foreign relations.
Transmission of a Data Report to the International Aviation Organisation§
119a.
Where a safety investigation has been opened in respect of an aviation accident involving an aircraft whose maximum certificated take-off mass exceeds 2,250 kg, or in respect of a serious incident involving an aircraft whose maximum certificated take-off mass exceeds 5,700 kg, the Director of the Safety Investigation Authority shall, upon the conclusion of the safety investigation, transmit to the International Aviation Organisation, in addition to a final report pursuant to section 118 if required to be transmitted pursuant to that section, also a data report (Accident/Incident Data Report (ADREP)), containing data derived from the final report in respect of an accident or incident as aforesaid, in accordance with the instructions of the International Aviation Organisation.
Regulations Concerning Reports in a Safety Investigation§
120.
The Minister, on the proposal of the Safety Investigation Authority or in consultation with it, may prescribe provisions in respect of the preliminary investigation report pursuant to section 117, an interim statement pursuant to section 117a, a data report pursuant to section 119a, the draft final report, the final report and the procedure pursuant to section 118(b) or (b1), including in respect of the manner of submission of the documents and reports as aforesaid, the particulars to be included therein and their transmission to the International Aviation Organisation and to member states, and the Minister may, with the approval of the Committee, prescribe additional reports to be prepared and submitted in the course of a safety investigation pursuant to this Chapter.
Need to cite this law in a foreign court?
Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.
Contact Us →Section F: General Provisions Relating to Chapter VII
Application of Provisions from the Commissions of Inquiry Law§
121.
The provisions of section 8 of the Commissions of Inquiry Law, 5729-1968, shall apply to a safety investigation, with the necessary modifications.
Additional Safety Recommendations§
122.
(a)The Director of the Safety Investigation Authority may formulate additional safety recommendations even otherwise than as part of a final report of a safety investigation, if in the Director's opinion there is a need to do so in order to prevent safety occurrences; for this purpose, "additional safety recommendations" – safety recommendations based on information that arose during a safety investigation or on any other source of information, including safety research or analysis of such information, or on information that arose from a series of safety investigations.
(b)The Director of the Safety Investigation Authority shall transmit the additional safety recommendations to every body relevant to the recommendation, including to a body as aforesaid in a member state, and if the recommendations relate to documents of the International Aviation Organisation – shall also transmit them to that Organisation; the additional safety recommendations shall be transmitted in English, if so required.
(c)Additional safety recommendations shall not be transmitted or received as evidence in legal proceedings and shall not be used in an administrative proceeding as defined in section 123(a) or in proceedings taken by an employer against that employer's employee, subject to the provisions of section 126.
Implementation of Safety Recommendations and Receipt of Recommendations from a Member State§
122a.
(a)The Director General or any other body to which a safety recommendation has been transmitted pursuant to section 118(c) or an additional safety recommendation pursuant to section 122 (in this section – the receiving body) shall examine the recommendations, decide on their implementation and transmit its reasoned decision, in writing, to the Director of the Safety Investigation Authority, no later than 45 days from the date of receipt of the recommendation, and in respect of a body as aforesaid in a member state – no later than 90 days from that date; the Director General shall also transmit the Director General's reasoned decision to the Minister.
(b)The receiving body shall transmit to the Director of the Safety Investigation Authority an update in respect of the safety recommendations it has decided to implement, including an update as to the manner of their implementation and the progress of implementation, every six months and until the completion of the implementation process.
(c)The Director of the Safety Investigation Authority may, at the request of the receiving body, extend the periods specified in subsection (a) or (b).
(d)The Director of the Safety Investigation Authority shall document the safety recommendations transmitted by the Director and also the responses received to those recommendations, as referred to in this section, and shall monitor the implementation of recommendations in respect of which the Director has been updated regarding the decision to implement them.
(e)Where a recommendation has been transmitted to the Director of the Safety Investigation Authority from the competent authority in a member state following a safety investigation conducted by that authority, the Director shall forward it to the entity in Israel relevant to its implementation; the Director of the Safety Investigation Authority shall decide on the manner of implementation of the recommendation and the progress of implementation, and shall transmit the Director's reasoned decision to the competent authority in the member state that transmitted the recommendation as aforesaid, no later than 90 days from the date of receipt of the recommendation.
(f)The Minister, on the proposal of the Safety Investigation Authority or in consultation with it, may make Regulations in respect of monitoring the handling of recommendations pursuant to this section.
Privilege and Inadmissibility of Safety Investigation Material§
123.
(a)In this section –
"administrative proceeding" – any one of the following:
(1)a proceeding pursuant to section 38;
(2)a proceeding pursuant to Chapter X;
(3)the exercise of an administrative power against a crew member;
"safety investigation material" – a notification transmitted to the Director of the Safety Investigation Authority pursuant to section 106, testimony taken in a safety investigation, the record of investigation, the preliminary investigation report pursuant to section 117, the draft final report and additional reports submitted pursuant to section 120, responses received pursuant to section 118(b), comments received pursuant to section 118(b1), analysis of information conducted by the Director of the Safety Investigation Authority and any other material prepared or created in the course of the investigation in cooperation with the person under investigation, or material received and processed by the Safety Investigation Authority in the course of the investigation.
(b)Safety investigation material shall not be transmitted or received as evidence in legal proceedings and shall not be used in disciplinary proceedings, in an administrative proceeding or in proceedings taken by an employer against that employer's employee.
(c)The provisions of this section shall not apply in criminal proceedings on account of obstruction of a safety investigation pursuant to section 142(d)(2).
Inadmissibility of the Final Report§
124.
(a)The final report shall not be received as evidence in legal proceedings, except in an appeal pursuant to section 39, in an administrative petition or in an administrative appeal against decisions pursuant to this Law under the Administrative Affairs Courts Law, 5760-2000, and shall not be used in proceedings taken by an employer against that employer's employee, and in respect of proceedings against a flight crew member pursuant to section 38 – shall not be used except where the circumstances referred to in section 138(b) exist.
(b)The provisions of subsection (a) shall not apply in criminal proceedings on account of obstruction of a safety investigation pursuant to section 142(d)(2).
Confidentiality of Safety Investigation Material§
125.
A person in whose possession safety investigation material as defined in section 123(a) is held shall keep it confidential, shall not disclose it to another person and shall not make any use thereof, except in accordance with the provisions pursuant to this Law.
Suspicion of Commission of a Criminal Offence§
126.
(a)Notwithstanding the provisions of sections 125 and 140 –
(1)where the Director of the Safety Investigation Authority, in the course of a safety investigation or at its conclusion, considers that a suspicion of commission of an offence has arisen, other than an offence pursuant to section 142(a), the Director shall transmit all material in the Director's possession relating to the investigation to the Attorney General;
(2)where the Director of the Safety Investigation Authority, in the course of a safety investigation or at its conclusion, considers that a suspicion of commission of an offence pursuant to section 142(a) has arisen, and finds that special reasons exist therefor on account of the public interest, as determined by the Minister with the consent of the Minister of Justice and the Minister responsible for Internal Security, the Director shall transmit all material in the Director's possession relating to the investigation to the Attorney General.
(b)Where the Attorney General or a person authorised by the Attorney General for that purpose finds that material transmitted as referred to in subsection (a) discloses a suspicion of commission of an offence warranting criminal investigation by an investigating body, the Attorney General or the person so authorised may direct, in writing, an investigating body to open such an investigation; in a direction pursuant to this subsection, the Attorney General or the person so authorised shall describe the circumstances of the safety occurrence following which the safety investigation was conducted, and the reasons on account of which the suspicion of commission of the offence arose, provided that nothing from the investigation material shall be appended to such a direction and it shall not indicate a suspicion against any person who was involved in the occurrence.
Prevention of Obstruction of or Harm to a Criminal Investigation§
127.
(a)Where the officer in charge of the investigation at the Israel Police considers that a suspicion of commission of an offence has arisen following a safety occurrence, that officer may notify the Director of the Safety Investigation Authority that the Director shall not exercise the Director's powers pursuant to this Chapter, or that the Director shall fulfil the Director's functions and exercise the Director's powers pursuant to this Chapter in coordination with the Israel Police, provided that this is required in order to prevent obstruction of criminal investigation proceedings or harm to such an investigation; the provisions of this subsection shall apply in respect of an offence pursuant to section 142(a), other than an offence pursuant to section 142(a)(37), only if the act on account of which the suspicion of commission of the offence arose was a contributing factor to the safety occurrence.
(b)(Repealed)
Transfer of Information to Another State§
128.
(a)Where a safety occurrence has taken place outside the territory of Israel and the circumstances of the safety occurrence are being investigated by the state in which the occurrence took place, or, if the occurrence took place in a place over which no state has jurisdiction – by the state of registry, the Director of the Safety Investigation Authority shall provide that state, upon its request, with all information relevant to and connected with the aircraft involved in the occurrence, its crew, the cargo carried on it and any other factor that affected the operation of the aircraft, provided that that state has undertaken that the information will be used only for the purposes of the investigation, in accordance with the provisions of the Convention; a person in possession of such information shall deliver it to the Director of the Safety Investigation Authority, upon demand, for the purpose of transmitting it to the investigating state pursuant to this subsection.
(b)Notwithstanding the provisions of subsection (a), information transferred pursuant to that subsection shall not include information that may prejudice state security or the state's foreign relations.
Transfer of Authority to Conduct a Serious Safety Occurrence Investigation§
128a.
(a)Where a serious safety occurrence has taken place in Israel, the Director of the Safety Investigation Authority may, if satisfied that special reasons exist, transfer the authority to conduct the investigation, in whole or in part, to the competent authority in a member state or to a Regional Accident and Incident Investigation Organisation (RAIO) (in this section – another investigation authority), as shall be agreed between the parties and subject to the provisions of subsection (b); the Director of the Safety Investigation Authority shall publish a notice of his decision to transfer the authority to conduct the investigation and the special reasons therefor on the website of the Safety Investigation Authority.
(b)Where the Director of the Safety Investigation Authority has transferred the authority to conduct the investigation to another investigation authority, as referred to in subsection (a), the following provisions shall apply:
(1)the Director of the Safety Investigation Authority shall assist the other investigation authority in advancing the investigation to the extent required;
(2)the exercise of powers under this Chapter, in Israel, in respect of a safety investigation conducted by the other investigation authority, shall be carried out by the Director of the Safety Investigation Authority or by investigators authorised by him to do so pursuant to section 115;
(3)where the authority to conduct the investigation has been transferred in its entirety to the other investigation authority, the other investigation authority shall publish the final investigation report of the serious safety occurrence, and the Safety Investigation Authority shall not be responsible for its publication; a notice of the publication of the final report by the other investigation authority and a link to the final report as published on the other investigation authority's website shall be published on the website of the Safety Investigation Authority.
Conducting a Safety Investigation of a Serious Safety Occurrence that Took Place in a Member State§
128b.
Where a serious safety occurrence has taken place in a member state, the Safety Investigation Authority may, at the request of the competent authority in the member state, conduct a safety investigation of the safety occurrence, in whole or in part, as shall be agreed between the parties.
Conducting a Safety Investigation of a Serious Safety Occurrence that Took Place in Territory that Cannot Be Determined with Certainty to Belong to a Particular State or in the Territory of a State that Is Not a Member State§
128c.
(a)Where a serious safety occurrence has taken place in territory that cannot be determined with certainty to belong to a particular state, or in the territory of a state that is not a member state, and the State of Israel was the state of registry of an aircraft involved in the serious safety occurrence, the Safety Investigation Authority shall conduct a safety investigation of the occurrence in accordance with the provisions of this Chapter; however, the Director of the Safety Investigation Authority may transfer the authority to conduct the investigation, in whole or in part, to the competent authority in another member state, if he has found that this is required for the purpose of conducting the investigation, as shall be agreed between the parties.
(b)
(1)Without derogating from the provisions of subsection (a), where a serious safety occurrence has taken place and the State of Israel is an involved state and is not the state of registry, the Director of the Safety Investigation Authority may apply in writing to the state of registry of the aircraft involved in the occurrence, in accordance with the provisions of Annex 13 to the Convention, requesting that the Safety Investigation Authority conduct the safety investigation, in whole or in part, if all of the following conditions are met:
(a)the occurrence took place in territory that cannot be determined with certainty to belong to a particular state, or in the territory of a state that is not a member state;
(b)the state of registry of the aircraft involved in the occurrence is not conducting a safety investigation or has not transferred the conduct of the investigation, in whole or in part, to another state;
(2)Where the state of registry has agreed to the request referred to in paragraph (1), or has not responded to the request within 30 days, the Safety Investigation Authority shall conduct the investigation in accordance with the provisions of this Chapter.
Restrictions on the Publication of Information Received from a Member State§
128d.
The Director of the Safety Investigation Authority shall not publish information transmitted to him concerning a safety occurrence investigated by a member state, including reports or draft reports or parts thereof, and shall not permit access to such information, unless he has received approval therefor from that state or the information has been published by the member state.
Regulations Concerning Safety Investigations§
129.
The Minister, on the proposal of the Safety Investigation Authority or in consultation with it, may prescribe provisions concerning safety investigations under this Chapter, including on the following matters:
(1)the manner of conducting the investigation and the working procedures of the Director of the Safety Investigation Authority and other investigators under this Chapter; Regulations under this paragraph require approval by the Committee;
(2)the participation of representatives of a member state in a safety investigation under this Chapter and the participation of representatives of the State of Israel in a similar investigation conducted in a member state;
(3)the definition of an aviation accident; Regulations under this paragraph shall be made in accordance with the provisions of Annex 13 to the Convention;
(4)categories of serious incidents; Regulations under this paragraph shall be made inter alia in accordance with the provisions of Annex 13 to the Convention;
(5)the transfer of authority to conduct a safety occurrence investigation to a competent authority in a member state pursuant to section 128a or 128c, and the conduct of a safety investigation pursuant to section 128b or 128c;
(6)notices to be delivered to the Director of the Safety Investigation Authority under this Chapter and additional notices and information that the Director of the Safety Investigation Authority is required to deliver in accordance with Annex 13 to the Convention, including the means of delivering them and the particulars to be included in such notices.
Need to cite this law in a foreign court?
Eli Shimony Israeli Attorneys-at-Law provides certified Expert Legal Opinions on Israeli law within 24–48 hours, accepted by courts worldwide.
Contact Us →Read the entire law on one page — continuous text, no page breaks, plus PDF downloads.