Statute Details
- Title: Transport Safety Investigations (Responsible Persons — Exemption) Order 2023
- Full Title: N/A
- Act Code: TSIA2018-S874-2023
- Type: Subsidiary Legislation (sl)
- Commencement Date: 1 January 2024
- Parts: N/A
- Key Sections: Section 2: Definitions; Section 3: Exemption from being responsible person for aviation ordinary reportable matters; Section 4: Exemption from being responsible person for marine incidents involving defined ships; Section 5: Exemption for appropriate foreign authorities
- Related Legislation: Transport Safety Investigations Act 2018
What Is This Legislation About?
The Transport Safety Investigations (Responsible Persons — Exemption) Order 2023 is a piece of subsidiary legislation enacted under the Transport Safety Investigations Act 2018 in Singapore. Its primary purpose is to exempt certain individuals and entities from being considered "responsible persons" under the Act for specific types of transport safety incidents.
The Order provides exemptions for aviation ordinary reportable matters within the Singapore Flight Information Region, as well as marine reportable matters involving defined ships within or adjacent to Singapore's inland waters. It also exempts appropriate foreign authorities from the requirements of the Act.
By granting these exemptions, the Order aims to streamline the reporting and investigation process for certain transport safety incidents, reducing the administrative burden on affected parties and allowing the relevant authorities to focus their resources on more significant occurrences.
What Are the Key Provisions?
The Transport Safety Investigations (Responsible Persons — Exemption) Order 2023 contains several key provisions:
Exemption for Aviation Ordinary Reportable Matters (Section 3)
Under Section 3, the owner, operator, and pilot-in-command of any aircraft involved in an aviation ordinary reportable matter within the Singapore Flight Information Region or on/adjacent to a Singapore aerodrome are exempt from the requirements of Sections 12(2) and 13 of the Transport Safety Investigations Act 2018. This exemption applies unless the aircraft is a Singapore aircraft or operated by a Singapore operator.
Exemption for Marine Incidents Involving Defined Ships (Section 4)
Section 4 provides an exemption for the owner, master, and person-in-charge of defined ships involved in a marine reportable matter within or adjacent to Singapore's inland waters. The exemption applies regardless of whether the defined ship is the only vessel involved or if it is involved alongside another ship.
Exemption for Appropriate Foreign Authorities (Section 5)
Section 5 states that Section 12(4) of the Transport Safety Investigations Act 2018 does not apply to any appropriate foreign authority. This means that the requirement for responsible persons to provide information and assistance to the Transport Safety Investigation Bureau does not extend to such foreign authorities.
How Is This Legislation Structured?
The Transport Safety Investigations (Responsible Persons — Exemption) Order 2023 is a concise piece of legislation, consisting of only five sections:
- Citation and Commencement - Provides the title of the Order and its commencement date of 1 January 2024.
- Definitions - Defines key terms used throughout the Order, such as "aviation ordinary reportable matter," "defined ship," and "appropriate foreign authority."
- Exemption from being Responsible Person for Aviation Ordinary Reportable Matters - Outlines the exemption for certain individuals involved in aviation ordinary reportable matters within the Singapore Flight Information Region.
- Exemption from being Responsible Person for Marine Incidents Involving Defined Ships - Provides the exemption for individuals involved in marine reportable matters within or adjacent to Singapore's inland waters, where defined ships are involved.
- Exemption for Appropriate Foreign Authorities - Exempts appropriate foreign authorities from the requirements of Section 12(4) of the Transport Safety Investigations Act 2018.
Who Does This Legislation Apply To?
The Transport Safety Investigations (Responsible Persons — Exemption) Order 2023 applies to the following individuals and entities:
- Owners, operators, and pilots-in-command of aircraft involved in aviation ordinary reportable matters within the Singapore Flight Information Region or on/adjacent to a Singapore aerodrome, unless the aircraft is a Singapore aircraft or operated by a Singapore operator.
- Owners, masters, and persons-in-charge of defined ships involved in marine reportable matters within or adjacent to Singapore's inland waters.
- Appropriate foreign authorities, as defined in the relevant Transport Safety Investigations regulations.
The Order provides exemptions for these parties, relieving them of certain responsibilities under the Transport Safety Investigations Act 2018 for the specified types of transport safety incidents.
Why Is This Legislation Important?
The Transport Safety Investigations (Responsible Persons — Exemption) Order 2023 is important for several reasons:
Streamlining Reporting and Investigation
By exempting certain individuals and entities from being considered "responsible persons" under the Transport Safety Investigations Act 2018, the Order helps to streamline the reporting and investigation process for specific types of transport safety incidents. This can reduce the administrative burden on affected parties and allow the relevant authorities to focus their resources on more significant occurrences.
Promoting Compliance and Cooperation
The exemptions provided by the Order may encourage greater compliance and cooperation from the affected parties, as they are no longer subject to the same reporting and assistance requirements under the Act. This can facilitate a more efficient and effective transport safety investigation process.
Recognizing Differences in Incident Severity
The Order acknowledges that not all transport safety incidents are equally significant and that a one-size-fits-all approach to reporting and investigation may not be appropriate. By providing targeted exemptions, the legislation recognizes the need for a more nuanced and proportionate response to different types of occurrences.
Aligning with International Best Practices
The exemptions granted by the Transport Safety Investigations (Responsible Persons — Exemption) Order 2023 may be in line with international best practices and standards for transport safety investigations. This can help to ensure that Singapore's regulatory framework remains aligned with global norms and facilitates cooperation with foreign authorities in the event of cross-border incidents.
Related Legislation
- Transport Safety Investigations Act 2018
- Transport Safety Investigations (Aviation Occurrences) Regulations 2023
- Transport Safety Investigations (Marine Occurrences) Regulations 2023
Source Documents
This article provides an overview of the Transport Safety Investigations (Responsible Persons — Exemption) Order 2023 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.