The Commissioner to Banjul Accord Group Accident Investigation Agency has set up two technical Committees (TC1&TC2). These Technical Committees are saddled with the responsibilities of drafting:
1. The harmonized BAGAIA Regulation (BR) Committee (TC1)
2.The harmonized BAGAIA Accident Investigation Policy and Procedures Manual (BAIPPM) Committee (TC2)
BAGAIA seeks to provide assistance/responsibilities to member States by drafting Harmonized BAGAIA Regulations (BR) and BAGAIA Accident Investigation Policy and Procedures Manual (BAIPPM) for its operations. These BR and BAIPPM are a compilation drawn from current member states regulations and documents which will be in effect in Cape Verde, Gambia, Guinea, Ghana, Liberia, Nigeria, Sierra Leone and/or other Africa countries when BAGAIA is carrying out its operations.
These documents are limited to the safe operations of BAGAIA within the region and/or other Africa countries, and do not address sanctions against violations of these provisions or discretionary topics specific to national consideration such as, for example, privacy, insurance, state violations or economic authority. These BR and BAIPPM included herein are not intended to be prescriptive, mandatory, or construed in any way as to pre-empt individual States’ legal structures
In developing these BR and BAIPPM, it was recognized that the specific national legislative requirements might not be the same for all States, and therefore the States are free to adapt the harmonized regulations and policy/procedures manuals, as appropriate, to meet their specific needs. These BR and BAIPPM do not supersede or replace applicable Annexes to the Chicago Convention. Also, whether the clauses included in this document should have the force of primary legislation (e.g., law) or secondary legislation (e.g., regulation, decree, decision, etc.) remains a matter for each State to decide in light of its existing domestic legislation.
Specific Terms of Reference for development of drafting Harmonized BAGAIA Regulations (BR) and BAGAIA Accident Investigation Policy and Procedures Manual (BAIPPM) for its operations are:
1. Examination of Annex 13 of the Chicago Conventions and International Civil Aviation Organization (ICAO) holistically to develop/review the existing Aircraft Accident and Incident Investigation Regulations and Identification technical clauses relevant to the BAGAIA and its region (putting into consideration other African Countries) for inclusion in the Harmonized documents/regulations.
2.As applicable, to propose relevant amendments to Annex 13 to the Chicago Conventions to advise on the need to file differences to ICAO and to produce an updated Harmonized Regulations/Documents.
3. Identify technical clauses relevant to the operations of the BAGAIA for inclusion in the Documents/Regulations.
4. Examination of relevant ICAO Documents to provide the BAGAIA Management structure and powers to enhance the effective performance of the BAGAIA within the region and/or other Africa countries.
5. To empower the BAGAIA giving impetus to certain provisions requiring amendments (e.g. sanctioning to preserve wreckage and issuance of notices, summoning witness where applicable.)
6. To provide for;
A. Protection of BAGAIA and its investigators/staff while carrying out legitimate functions.
B. To consider relevant limitation clauses protecting the safety investigators from liability as a result of accident/serious incident investigation management and/or report in tandem with the standard of Annex 13 and member states/other countries.
7. To include other procedures relevant to an Aircraft Accident and Incident Investigation applicable to the Banjul Accord Group (BAG) region and/or other Africa countries to make further recommendations where necessary.