Ordinance (1990:717) on the Investigation of Accidents;
issued 23 May 1990
The Government prescribes as follows.
Investigation authority, etc.
Section 1
Investigations of accidents or incidents according to section 2 of the Act (
1990:712)on the Investigation of Accidents are carried out by the Board of Accident Investigation (Statens haverikommission).
Section 2
The Board of Accident Investigation may delegate an investigation to another body. Such delegation may concern an individual occurrence or a certain type of occurrence
An investigation must, however, not be delegated if the fact that it is not carried out by the Board would reduce confidence in the objectivity of the investigation or if other special reasons exist for the investigation to be carried out by the Board.
Section 3
Occurrences not of the nature referred to in section 2 of the Act (
1990:712) on the Investigation of Accidents shall be investigated in accordance with the Act if investigation is called for from the safety point of view.
The investigation shall be carried out by
1. the Civil Aviation Administration (Luftfartsverket) in the case of occurrences which affect air traffic other than military air traffic,
2. the Head of the Air Force (Chefen for flygvapnet) in the case of occurrences which affect military air traffic,
3. the National Administration of Shipping and Navigation (Sjofartsverket) in the case of occurrences which affect sea traffic other than military sea traffic,
4. the Head of the Naval Forces (Chefen for marinen) in the case of occurrences which affect military sea traffic,
5. the Permanent Way Board (Banverket) in the case of occurrences which affect railway, underground railway or tramway,
6. the Board of Accident Investigation in the case of occurrences which do not affect air traffic, sea traffic or railway, underground railway or tramway traffic.
The Board of Accident Investigation has the right to investigate occurrences referred to in paragraph (2), points 1 to 5, if special reasons exist.
Section 4
An authority referred to in section 3, paragraph (2), points 1 to 5, may delegate the investigation to another body.
Section 5
The provision in this Ordinance on supervisory authorities applies to the authorities listed in section 3, paragraph (2), points 1 to 5.
If delegation to an authority has been made under section 2 or if the investigation is carried out by an authority in accordance with section 3, paragraph (2), points 1 to 5 or section 4, then the provisions of sections 6 to 8, 10, 11, 13 to 15 and 17 to 19 apply in relevant parts. Thereby the provisions referring to the Board of Accident Investigation shall apply instead to the authority which carries out the investigation.
Participation by the supervisory authority
Section 6
The supervisory authority shall make experts available to the Board of Accident Investigation for investigations of occurrences affecting its area of responsibility, if such investigations do not endanger the authority's ability to fulfil other important tasks.
The supervisory authority and the National Rescue Services Board have the right to insight into investigations carried out by the Board of Accident Investigation if such investigations affect the area of responsibility of these authorities.
Notification of the investigation, etc.
Section 7
The Board of Accident Investigation shall, to the extent practicable, ensure that notification of the investigation is sent without delay to those whose legal position may depend on the investigation. Primarily, notification shall be sent to
1. any person injured in the accident,
2. any near relative to a person killed through the accident,
3. in the case of an air traffic, sea traffic, or railway accident, any third party whose property has been damaged through the accident and any owner, proprietor and insurer of the aircraft, vessel or railway rolling stock,
4. in the case of other serious accidents, any owner or proprietor of such property as has been damaged through the accident.
If the accident has caused extensive damage to the environment, the County Council shall be notified.
Persons to be notified of the investigation shall be informed without delay of when they may first be present at the investigation.
Section 8
In matters concerning notification to foreign authorities and international organizations of the investigation of an occurrence which concerns an aircraft and the participation of such authorities and organization in the investigation, the Board of Accident Investigation shall observe those provisions of the 1944 Chicago Convention on Civil Aviation that are mandatory for Sweden and also other provisions of the Convention if these do not contravene an Act or prove otherwise unsuitable.
If an occurrence which affects a vessel shall be investigated according to the Act on the Investigation of Accidents, the Board shall in matters concerning co-operation with foreign authorities observe the guidelines in the resolution of 19 october 1989, A.637 (16) adopted by the International Maritime Organization, if this does not contravene an Act or prove otherwise unsuitable.
Preparatory measures
Section 9
In matters concerning occurrences which affect air traffic, sea traffic or railway, underground railway or tramway traffic, measures referred to in section 8, paragraph (2) of the Act (
1990:712) on Investigations of Accidents, may be taken by the supervisory authority as well as by the police authority.
Compensation for attendance at hearings
Section 10
In matters concerning the right to compensation from public funds for persons heard by the Board of Accident Investigation, the Ordinance (1969:590) on Compensation for attendance at Pre-trial Investigations in a Criminal Case shall apply. The provisions on Investigating Officer shall, however, apply to the Board instead.
Participation by overseas public authorities
Section 11
The Board of Accident Investigation may request assistance from the Ministry of Foreign Affairs in obtaining information which is of importance for an investigation according to the Act (
1990:712) on Investigation of Accidents.
Report on information which has been acquired from persons who are abroad and on other measures which have been taken because of the request of the Board shall be submitted without delay to the Board.
Investigations abroad
Section 12
If a matter arises concerning carrying out or participating in an investigation of an air traffic accident in a foreign state, the Board of Accident Investigation shall represent Sweden in the investigation. The Board shall after consultation with the Civil Aviation Administration appoint those persons who on behalf of the Board shall participate in the investigation.
The Board shall inform without delay the Minister of Communications of its participation in an investigation referred to in paragraph (1).
Report on the investigation
Section 13
The Board of Accident Investigation shall finalize the investigation as soon as possible and draw up a report comprising an account of the investigation and conclusions in the respects referred to in section 6 of the Act (
1990:712) on Investigation of Accidents.
Section 14
The Board of Accident Investigation shall submit a report to the supervisory authority or in cases other than those referred to in section 3, paragraph (2), points 1 to 5 to the authority whose area of responsibility the occurrence affects.
Report on an occurrence which affects military air or sea traffic shall be sent also to the supervisory authority for the corresponding civil activity.
Section 15
A copy of the report shall be sent, if it does not contravene an Act, to the authorities and organizations which in accordance with section 8, paragraph (1) has been given the opportunity to participate in the investigation.
If the investigation relates to an occurrence which affects a Danish, Finnish or Norwegian vessel or aircraft, a copy of the report shall be sent to the safety authority in the state concerned.
If the investigation relates to an occurrence which affects a vessel which is registered in a State other than those listed in paragraph (2) and if the investigation has been requested by an authority in that State, the report shall be submitted to that authority through the Ministry of Foreign Affairs.
Reporting to international organizations
Section 16
The Civil Aviation Administration fulfils such reporting responsibility towards the International Civil Aviation Organization which follows from annex 13 of the Chicago Convention.
The National Administration of Shipping and Navigation fulfils such reporting responsibility towards the International Maritime Organization which follows from provisions concerning investigation of accidents in international agreements acceded to by Sweden.
Recommendations for accident prevention
Section 17
In order to prevent similar occurrences to that concerned by an ongoing investigation or in order to limit the effect of such occurrences, the Board of Accident Investigation shall, if necessary, before the investigation is closed and the report is completed, make a notification to the authority referred to in section 14, paragraph (1). Information on such a notification shall be included in the report.
If the Board of Accident Investigation in a report or notification according to paragraph (1) recommends that measures needs to be taken in order to prevent a similar occurrence as that being investigated or in order to limit the effect of such occurrence, the authorities shall inform the Board concerning its attitude to the recommended measures.
Re-opening of investigation
Section 18
An investigation which has been closed may be re-opened if new circumstances which presumably can be of importance for the result of the investigation have become available.
The report of the re-opened investigation can be limited to an account for what has been available after the first investigation and the ensuing changes to the earlier conclusions.
Foreign vessels
Section 19
If an investigation shall be carried out according to the Act (
1990:712) on Investigation of Accidents in respect of an occurrence which affect a foreign vessel, the Board of Accident Investigation may request that the Swedish National Administration of Shipping and Navigation and the Customs authority at the place where the vessel is lying do not take any measures to facilitate the vessel's departure.
Reporting if an accident occurs, etc.
Section 20
Reporting according to chapter 5, section 8, paragraph (1) and (2) of the Air Traffic Act (1957:297) or according to section 70, paragraph 1, of the Maritime Code(1891:35 s. 1) shall immediately be made to the supervisory authorities. The same applies to the one who runs a railway, underground railway or tramway operation in respect of accidents and incidents referred to in section 2, paragraph (1), point 3, of the Act (
1990:712) on Investigation of Accidents. An oral report shall as soon as possible be followed by a written report.
A captain of a Swedish aircraft, merchant vessel, fishing vessel or vessel belonging to the State and the one who runs a railway, underground railway or tramway operation shall, upon request of the supervisory authority, report also in cases other than those referred to in paragraph (1) if there is an occurrence which can be of importance to safety of the air traffic, the sea traffic or the railway, underground railway or tramway traffic.
Detailed provisions concerning reporting in accordance with paragraph (1) or (2)may be issued by the supervisory authority after consultation with the Board of Accident Investigation.
Information if an accident occurs, etc
Section 21
If a police authority has got knowledge of that an accident referred to in section 2, paragraph (1) of the Act (
1990:712) on investigation of accidents has occurred the authority shall immediately inform the supervisory authority or, in cases referred to in section 2, paragraph (1), point 4 of the same Act, the Board of Accident Investigation.
If a police authority has got knowledge of an accident affecting a pleasure-boat the authority shall immediately inform the National Administration of Shipping and Navigation if the accident has entailed a person's death or serious injury.
The provision of paragraphs (1) and (2) on a police authority's responsibility of informing applies, in case of vessel accidents, also to Customs authorities and the Coast Guard.
Section 22
If during the use of a Swedish military aircraft within the territory of another State there is an occurrence referred to in section 21, paragraph (1), the Head of the Air Force shall immediately inform the Minister of Defence.
Section 23
If during the use of a Swedish vessel abroad there is an occurrence referred to in section 21, paragraph (1), a paid Overseas Public Authority shall, as soon as it got knowledge of the occurrence inform, if suitable, the supervisory authority.
If a vessel which is registered in a foreign State has been shipwrecked, stranded or otherwise been wrecked within Swedish territorial waters, the National Administration of Shipping and Navigation shall without delay inform the consulate of the foreign State which is nearest to the accident site. If there is no consulate for the foreign State in Sweden, its Embassy shall instead be informed.
Section 24
If there is an occurrence referred to in section 2, paragraph (1), points 1 to 3 of the Act (
1990:712) on investigation of accidents, the supervisory authority shall ascertain that the occurrence is known to the police authority. The supervisory authority shall also see to it that the police authority is informed of who is investigating the occurrence.
Section 25
The supervisory authority shall immediately inform the Board of Accident Investigation of occurrences referred to in section 24. The authority shall also, if the Commission so prescribes, inform the Board of other occurrences which presumably can be of importance to safety of the air traffic, the sea traffic or the railway, underground railway or tramway traffic.
Section 26
The municipalities shall, within the framework of the municipal rescue services, to the extent and in the way the Board of Accident Investigation prescribes, inform the Board of occurrences which shall be investigated according to the Act (
1990:712) on Investigation of Accidents.
Liability
Section 27
Any person who purposely or through carelessness violates the provisions of section 20, paragraph 1 or 2 or provisions issued by virtue of section 20, paragraph 3 shall be sentenced to fines. A penalty shall, however, not be imposed in insignificant cases.
This Ordinance enters into force on 1 July 1990, --------