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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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Section G: Military-Involved Safety Occurrence

Definitions – Section G of Chapter VII§
130.

In this Section –

"military-involved safety occurrence" – a safety occurrence that is one of the following:

(1)a civil aircraft and a military aircraft are involved in it;
(2)a military aircraft is involved in it in the course of use of a civil aerodrome, landing site or civil air navigation facility;
(3)a military aircraft is involved in it in airspace in which ATC services are provided by an ATC unit whose operation requires a licence pursuant to section 26;
(4)a civil aircraft is involved in it in the course of use of a military aerodrome, landing site or air navigation facility that are military infrastructure;
(5)a civil aircraft is involved in it, in airspace in which ATC services are provided by the Israel Defence Forces;
(6)a civil aircraft is involved in it, which was operated by a party in the Israel Defence Forces;

"military responsible party" – the Commander of the Air Force in the Israel Defence Forces, or a person authorised by him for that purpose, unless the Chief of the General Staff of the Israel Defence Forces has directed otherwise;

"military aspects" – aspects relating to the involvement of parties in the Israel Defence Forces or persons acting on their behalf in a military-involved safety occurrence, including:

(1)the involvement of a military aircraft in the occurrence, in respect of paragraphs (1) to (3) of the definition of "military-involved safety occurrence";
(2)the management or operation of military infrastructure, in respect of paragraph (4) of the definition of "military-involved safety occurrence";
(3)the provision of ATC services by a soldier, in respect of paragraph (5) of the definition of "military-involved safety occurrence";

"civil aircraft" – excluding a police aircraft;

"military aircraft" – including an aircraft of a foreign state invited to Israel as referred to in section 175(c)(1).

Notice by a Soldier of a Military-Involved Safety Occurrence§
131.

A soldier who witnessed a military-involved safety occurrence or was involved in it shall deliver notice thereof to a military responsible party, who shall transmit it to the Director of the Safety Investigation Authority as soon as possible.

Investigation of a Military-Involved Safety Occurrence§
132.
(a)Where the Director of the Safety Investigation Authority or a military responsible party becomes aware of a military-involved safety occurrence, whichever of them becomes aware shall notify the other party thereof.
(b)The Director of the Safety Investigation Authority may conduct a separate safety investigation of a military-involved safety occurrence, and the provisions of this Chapter shall apply to the investigation, subject to the provisions of section 133; a military responsible party may conduct a separate debriefing of such an occurrence, and that debriefing shall be regarded as if it were a debriefing as defined in section 539a of the Military Justice Law, and the provisions of that section shall apply to it.
(c)Where the Director of the Safety Investigation Authority has commenced a safety investigation or the military responsible party has commenced a debriefing pursuant to subsection (b), whichever of them has done so shall notify the other party thereof.
(d)Where a safety investigation of a military-involved safety occurrence is being conducted by the Director of the Safety Investigation Authority, or a debriefing of such an occurrence is being conducted by a military responsible party, the person conducting the investigation or the debriefing, as the case may be, may agree that the other party shall participate in the investigation or debriefing that he is conducting, or may assist, in accordance with his powers under any law, with the said investigation or debriefing, all subject to agreement between the two parties.
(e)For the purposes of section 539a(b)(5) of the Military Justice Law, in all matters relating to a debriefing of a military-involved safety occurrence under that section, the Director of the Safety Investigation Authority or the Director shall be regarded as a public body that requires the information pursuant to that section.
Safety Investigation of a Military-Involved Safety Occurrence Conducted by the Director of the Safety Investigation Authority§
133.

The provisions of this Chapter shall apply to a safety investigation of a military-involved safety occurrence conducted by the Director of the Safety Investigation Authority, with the following modifications:

(1)the Director of the Safety Investigation Authority, his deputy or investigators authorised pursuant to section 115 shall not exercise powers vested in them under this Chapter in relation to the Israel Defence Forces, including in relation to a soldier, a military aircraft, aeronautical equipment used in a military aircraft, the performance of maintenance and upkeep operations on a military aircraft or military infrastructure;
(2)notwithstanding the provisions of sections 118(b) and 119, the Director of the Safety Investigation Authority shall not include in the draft final report intended for delivery for comments pursuant to section 118(b) or in the final report, conclusions, recommendations or any other particulars relating to the military aspects of the occurrence, other than facts, except with the consent of a military responsible party;
(3)notwithstanding the provisions of sections 123 and 125, the Director of the Safety Investigation Authority may transfer to a military responsible party safety investigation material as defined in section 123(a), however such investigation material shall not be used for the purpose of taking disciplinary proceedings in the Israel Defence Forces, and the investigation material shall not be transferred to an investigating body as defined in section 539a(a) of the Military Justice Law, or to any party outside the Israel Defence Forces;
(4)notwithstanding the provisions of section 126(b), the Attorney General may transfer material transmitted to him pursuant to section 126(a), in respect of a military-involved safety occurrence, to the Chief Military Prosecutor; where the Chief Military Prosecutor finds that material transmitted to him as aforesaid gives rise to a suspicion of the commission of an offence that justifies a criminal investigation by an investigating body as defined in section 539a(a) of the Military Justice Law, he may give a direction to that body in accordance with the provisions of section 126(b).

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Section H: Police-Involved Safety Occurrence

Definitions – Section H of Chapter VII§
134.

In this Section –

"police-involved safety occurrence" – a safety occurrence in which a police aircraft is involved, and which is not enumerated in the definition of "military-police-involved safety occurrence";

"military-police-involved safety occurrence" – a safety occurrence that is one of the following:

(1)a police aircraft and a military aircraft are involved in it;
(2)a police aircraft is involved in it, in the course of use of a military aerodrome, landing site or air navigation facility that are military infrastructure;
(3)a police aircraft is involved in it, in airspace in which ATC services are provided by the Israel Defence Forces;

"police responsible party" – the Inspector General of the Israel Police, or a person authorised by him for that purpose;

"military responsible party" – as defined in section 130;

"Police Law" – the Police Law, 5766-2006;

"civil aircraft" – excluding a police aircraft;

"debriefing" – as defined in section 102(a) of the Police Law.

Safety Investigation of a Police-Involved Safety Occurrence§
135.
(a)
(1)The Director of the Safety Investigation Authority shall conduct a safety investigation of a police-involved safety occurrence, provided that a police responsible party participates therein, unless the said parties have agreed otherwise between themselves; within the framework of his participation in the investigation, the police responsible party shall be entitled to exercise powers vested in the Director of the Safety Investigation Authority under this Chapter, all subject to the provisions of this Section;
(2)Where it has been agreed that a safety investigation is to be conducted by the Director of the Safety Investigation Authority alone, or where the Israel Police has decided to conduct a debriefing, the Director of the Safety Investigation Authority and a police responsible party may agree between themselves on assistance to the party conducting the investigation or the debriefing, as the case may be, within the framework of which the assisting party shall exercise his powers under any law;
(3)Nothing in the provisions of this subsection shall derogate from the authority of the Israel Police to conduct a debriefing or other examination on its behalf of a police-involved safety occurrence.
(b)The provisions of this Chapter shall apply to a safety investigation of a police-involved safety occurrence conducted pursuant to the provisions of subsection (a), with the necessary modifications and with the following modifications:
(1)in respect of a safety investigation of a flight incident, the provisions of section 111(a) shall not apply to police officers except with the consent of a police responsible party;
(2)
(a)a police responsible party shall not exercise a power vested in him pursuant to section 114(a)(1) in relation to a person who is not a police officer, other than a person who acted on behalf of the Israel Police; a police responsible party shall not exercise any other power vested in him pursuant to this Section in relation to such a person except with the consent of the Director of the Safety Investigation Authority;
(b)the Director of the Safety Investigation Authority, his deputy or investigators authorised pursuant to section 115 shall not exercise powers vested in them under this Chapter in relation to the Israel Police, including in relation to a police officer or a police aircraft, except with the consent of a police responsible party;
(3)notwithstanding the provisions of sections 118(b) and 119, the Director of the Safety Investigation Authority shall not include conclusions and recommendations concerning the Israel Police in the draft final report intended for delivery for comments pursuant to section 118(b) or in the final report, except with the consent of a police responsible party;
(3a)
(a)notwithstanding the provisions of the information transfer provisions, the Safety Investigation Authority shall transfer the information referred to in those provisions to a police responsible party before transferring it to another party or before publishing it, as the case may be;
(b)a police responsible party may, within the period of time specified by the Safety Investigation Authority in its communication, notify the Authority that he does not consent to the transfer of certain information to another party or to its publication, if that information relates to the nature of the operational activity of a police aircraft that was involved in the serious safety occurrence in respect of which the information was prepared, or to a type of such activity, or if the information in question may prejudice the working methods of the Israel Police;
(c)where a police responsible party has notified that he does not consent to the transfer of information as referred to in sub-paragraph (b), the Safety Investigation Authority shall not transfer that information to another party and shall not publish it; where the position of the police responsible party has not been received within the period of time specified in the communication to him, he shall be regarded as having consented to the delivery or publication of the information as aforesaid;
(d)in this paragraph –

"information transfer provisions" – the provisions of sections 117, 117a, 118(b1)(1) and (4) and (c), 119a, 122(b), 122a(e), 128(a) and 128d;

"information" – reports, declarations, draft final report and recommendations as referred to in the information transfer provisions;

(4)
(a)notwithstanding the provisions of sections 123 and 125, the investigation material and the final report may be used, with the consent of the Director of the Safety Investigation Authority, in a disciplinary, command or administrative proceeding taken by the Israel Police against a police officer in accordance with Israel Police orders; in this sub-paragraph, "Israel Police orders" – as defined in the Police Ordinance [New Version], 5731-1971;
(b)notwithstanding the provisions of section 18(a) of the Police Law, a hearing before a tribunal as defined in that Law, relating to safety investigation material in an investigation conducted pursuant to this section, and to the testimony of a witness who is not a police officer, shall be held in camera;
(5)notwithstanding the provisions of section 126(b), a direction to an investigating body to open an investigation against police officers as referred to in that section shall be given after consultation with the Inspector General of the Israel Police;
(6)Regulations under this Chapter relating to a police-involved occurrence shall be made in consultation with the Minister for Public Security.
Investigation of a Military-Police-Involved Safety Occurrence§
136.

The following provisions shall apply to the investigation of a military-police-involved safety occurrence:

(1)the provisions of Section G of this Chapter shall apply with the necessary modifications and with the following modifications:
(a)in sections 131, 132 and 133, wherever appearing, instead of "military-involved safety occurrence" read "military-police-involved safety occurrence";
(b)in section 132 –
(1)in subsection (b), after "section 133" read "provided that a police responsible party participates in the investigation, in accordance with the provisions of section 135(a)";
(2)instead of subsection (d) read:

"(d) Where a safety investigation of a military-police-involved safety occurrence is being conducted, or a debriefing of such an occurrence is being conducted by a police responsible party or by a military responsible party, the Director of the Safety Investigation Authority, a military responsible party and a police responsible party may agree that they, all or some of them, shall conduct the safety occurrence investigation or part of it, in accordance with conditions, limitations and arrangements as shall be agreed between them.";

(c)in section 133(1), after "pursuant to section 115" read "as well as a police responsible party";
(2)the provisions of section 135 shall apply with the necessary modifications, unless a different provision on matters regulated in that section has been prescribed in this section.

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Chapter VIII: Safety Information

Definitions – Chapter VIII§

137.

In this Chapter –

"safety occurrence" and "aviation accident" – as defined in section 103;

"administrative proceeding" – any one of the following:

(1)a proceeding pursuant to section 38 in relation to a flight crew member;
(2)the exercise of an administrative power in relation to a crew member;

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

"aircraft" – including a gliding craft.

Notice of a safety occurrence§

138.
(a)Without derogating from the provisions of section 106, where a person was involved in a safety occurrence that is not an aviation accident, that person shall give written notice thereof to the Director and to the Director of the Safety Investigation Authority within 72 hours of the occurrence of the safety occurrence or of the landing of the aircraft that was involved in the occurrence, as the case may be and whichever is the later; in a notice as aforesaid the person shall state, inter alia, the particulars prescribed in Regulations under section 129(6), provided that the Minister may prescribe special provisions by Regulations with respect to reporting under this section.
(b)The provisions of sections 123 and 125 shall apply, with the necessary modifications, to a notice given pursuant to subsection (a); however, the Director may use a notice as aforesaid in administrative proceedings against a flight crew member or crew member who gave the notice, provided that one of the following conditions is met:
(1)the notice reveals that provisions under aviation laws were contravened, and by reason of the severity of the contravention or the circumstances thereof, the continued activity of that person as a flight crew member or crew member may endanger aviation safety;
(2)the administrative proceedings are required for the purpose of rectifying a deficiency whose continuation may endanger aviation safety; in this paragraph, "deficiency" – as defined in section 38(a)(7).
(c)Without derogating from the provisions of section 125, the information contained in notices under this section shall be kept by the Authority in a manner that ensures that the personal particulars of the person supplying the information or of a third party to whom the information relates are not identified, and that it is not used contrary to the provisions of this section; however, notwithstanding the provisions of section 125, the Director may publish to the public information given pursuant to this section, provided that all of the following conditions are met:
(1)the publication does not constitute an infringement of privacy within the meaning of the Privacy Protection Law, 5741-1981, and the publication is made in a manner that ensures that persons involved in the safety occurrence are not identified;
(2)the publication is necessary for the rectification of conditions that endanger flight safety, for study and for the drawing of lessons in the field of flight safety, or for the justification of a change in the Authority's policy;
(3)in the Director's assessment, the publication will not harm the continued submission of notices under this section.

Safety information§

139.
(a)In this section –

"safety information holder" – any of the following:

(1)a licence holder under this Law who maintains a safety information system;
(2)the Authority, the Director of the Safety Investigation Authority or another governmental authority that requires the information for the purpose of improving civil aviation safety, if the information was given to them in accordance with provisions under subsection (b);

"safety information" – information collected by a safety information holder in a safety information system, as determined by the Minister under subsection (b);

"safety information system" – a system designed for the documentation, collection and analysis of current operational data, reports and information received therein, for the purpose of improving aviation safety, including a computerised system.

(b)The Minister, with the approval of the Committee, may prescribe provisions with respect to safety information and with respect to the obligation of a licence holder under this Law to maintain a safety information system and to transfer safety information to the Authority, to the Director of the Safety Investigation Authority or to another governmental authority, for the purpose of fulfilling their functions, if the information is required by them for the purpose of improving civil aviation safety; in Regulations under this section the Minister may prescribe, inter alia, restrictions and conditions with respect to the transfer of the said information and with respect to the type of information to be transferred.
(c)A safety information holder –
(1)shall not use safety information except for the purpose for which it was collected and in accordance with provisions under this Law;
(2)shall keep safety information in a manner that ensures that it is not used contrary to the provisions under this Law.
(d)The Director shall not use safety information –
(1)in administrative proceedings, unless the safety information indicates that the circumstances referred to in section 138(b) have been met;
(2)in proceedings under Chapter X against a flight crew member or crew member.
(e)A licence holder under Sections B to F of Chapter II, or a production licence holder, shall not use safety information in proceedings against an employee, unless one of the following conditions is met:
(1)the safety information indicates that provisions under aviation laws were contravened, and by reason of the severity of the contravention or the circumstances thereof, the continued activity of that person as a flight crew member or crew member may endanger aviation safety;
(2)the proceedings are required for the purpose of rectifying a deficiency whose continuation may endanger aviation safety; in this paragraph, "deficiency" – as defined in section 38(a)(7).
(f)A safety information holder shall not publish safety information to the public, except where the conditions for the publication of information as set out in section 138(c) are met, with the necessary modifications.

Confidentiality of safety information§

140.
(a)A person who holds safety information as defined in section 139(a) shall keep it confidential, shall not disclose it to another and shall not make any use thereof, except in accordance with provisions under this Law or pursuant to a court order.
(b)Notwithstanding the provisions of subsection (a), the Director of the Safety Investigation Authority may include in the final report as defined in section 118 quotations from a recording or a transcript that constitute safety information as defined in section 139(a), if the Director found that it is essential for the illustration of the findings or conclusions of the safety investigation.

Privilege and inadmissibility of recordings§

141.
(a)In this section, "recording" – an audio or visual recording of a person in the cockpit or at the control station of an unmanned aircraft, or of a person in an ATC unit or in a military unit providing ATC services to civil aviation, during the provision of such services, as well as a transcript of such a recording, a flight data recording (Flight Data Recording) and a recording of flight activity captured by ground-based means that relates to a safety occurrence, as detailed in Annex 11 to the Convention.
(b)A recording shall not be given or admitted as evidence in a trial and shall not be used in disciplinary proceedings, in administrative proceedings or in proceedings under Chapter X against a flight crew member or crew member, unless the court has found that the need to disclose the recording for the purpose of doing justice outweighs the interest in not disclosing it, by reason of the effect of the disclosure on the safety investigation or on future safety investigations, in this country or worldwide; however, the provisions of this subsection shall not apply to a recording of air-to-ground communication or ground-to-ground communication between persons involved in the operation of an aircraft, or to a flight data recording, with respect to their submission and admission as evidence and with respect to their use in the following proceedings:
(1)criminal proceedings;
(2)an appeal under section 39;
(3)an administrative petition or administrative appeal against decisions under this Law under the Administrative Affairs Courts Law, 5760-2000;
(4)administrative proceedings or proceedings under Chapter X against a flight crew member or crew member.
(c)The provisions of this section shall not apply in criminal proceedings for unlawful influence on a safety investigation and obstruction of a safety investigation under section 142(d), or in proceedings under the Military Justice Law.

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