Division 1 — Investigations
Preliminary assessment after notification
Open ↗14.—(1) Upon receiving a notification under section 12(1) or (2) about a transport occurrence, the Director must determine —(a)
whether or not a duty to investigate under section 15 arises in respect of that transport occurrence; or
(b)
if no such duty arises, whether or not an investigation in respect of that transport occurrence should be conducted.
(2) The Director may exercise any powers conferred on an investigator under this Part for the purposes of making a preliminary assessment under this section.
Duty to investigate
Open ↗15.—(1) Subject to section 16, as soon as an immediately reportable matter has been notified to a nominated official under section 12(1), and if the Director believes that the circumstances of the reportable matter —(a)
have, or are likely to have, significant implications for transport safety; and
(b)
may allow the TSIB to establish findings or make recommendations which may improve transport safety,
an investigation must be carried out into the matter.
(2) Subject to section 16, the Director —(a)
may cause an investigation into any other transport occurrence notified to a nominated official under section 12(1) or (2); and
(b)
must cause an investigation into a transport occurrence (whether or not notified under section 12(1) or (2)) if ordered in writing by the Minister to do so.
(3) To avoid doubt, the duty or power to investigate a transport occurrence under subsection (1) or (2) may extend to a transport occurrence that involves —(a)
a combination of modes of transport vehicles; and
(b)
a combination of military and non‑military transport vehicles.
(4) The Director may discontinue an investigation at any time except an investigation into a transport occurrence ordered by the Minister under subsection (2)(b).
Restriction on transport occurrence investigated
Open ↗16.—(1) A transport occurrence must not be investigated under this Act unless —(a)
it occurs in Singapore;
(b)
it involves —(i)
a Singapore aircraft;
(ii)
a Singapore ship;
(iii)
a rail vehicle operating on a railway located wholly or partly in Singapore; or
(iv)
a public passenger service motor vehicle operating within Singapore and an order is given under section 15(2)(b) in respect of the occurrence; or
(c)
it occurs outside Singapore and any of the following apply:(i)
evidence relating to the transport occurrence is found in Singapore;
(ii)
an appropriate foreign authority requests the Director or TSIB to conduct, or to participate or assist in, an investigation into the transport occurrence;
(iii)
the Director considers that it is necessary to conduct, or to participate or assist in, an investigation into the transport occurrence and the agreement of the appropriate foreign authority is obtained for the TSIB to conduct, or to participate in, such an investigation;
(iv)
Singapore has a right or an obligation, under an international agreement, to participate or assist in an investigation into the transport occurrence.
(2) Despite subsection (1), a transport occurrence cannot be investigated under this Act if —(a)
it involves, or relates to, an exempt transport vehicle;
(b)
it does not involve, or relate to, any other transport vehicle that is not an exempt transport vehicle; and
(c)
it does not involve, or relate to, a civil transport facility unless the occurrence is associated with a flying display and the accident site is outside of military premises.
(3) However, subsection (2) does not prevent an investigation of a transport occurrence that involves a Singapore military ship or Singapore military aircraft if an appropriate authority in the Singapore Armed Forces requests the Director or TSIB to conduct an investigation into the matter.
(4) Where a transport occurrence involving or relating to —(a)
a Singapore military aircraft or Singapore military vessel;
(b)
a vessel wearing the State Marine Ensign under the authority of the Chief of Navy; or
(c)
a motor vehicle used by the Singapore Armed Forces for military purposes,
is being investigated, the TSIB and the Singapore Armed Forces must take reasonable measures to ensure that investigations are coordinated.
(5) In this section —“civil transport facility” means any premises that is designed or used, wholly or mainly, to facilitate the operation or maintenance of a transport vehicle that is not an exempt transport vehicle;
“flying display” means a civilian organised event (including any rehearsal for such event) which —(a)
consists, wholly or partly, of an exhibition of flying of any non‑military or military aircraft; and
(b)
takes place at an aerodrome or premises that is not military premises;
“military premises” means premises occupied by the Singapore Armed Forces.
Reopening of investigation
Open ↗17.—(1) Despite section 20, the Director may cause the investigation of a transport occurrence previously concluded to be reopened if —(a)
new and important evidential material which could not be produced at the previously concluded investigation has been discovered; and
(b)
it appears to the Director that the evidential material may materially affect the analysis and conclusions in the report, or any safety action statements or safety recommendations, published in relation to that concluded investigation.
(2) However, the Director may exercise the power under subsection (1) with respect to a previously concluded investigation of a transport occurrence only with the approval of the Minister if the Director was an investigator in that investigation.
(3) A reopened investigation must be carried out in accordance with this Act.
(4) In this section, a reference to the investigation of a transport occurrence previously concluded includes a reference to an investigation or inquiry into an accident or incident which was completed before the date of commencement of this section —(a)
under Part IIA of the Air Navigation Act; or
(b)
under Part V of the Merchant Shipping Act by an inspector appointed under section 108 of that Act.
Recovery of costs and expenses of investigation
Open ↗18. The Director may recover from the owner or operator of a transport vehicle or both, as a debt due to the Government —(a)
a reasonable part of the remuneration of an investigator; and
(b)
all expenses reasonably incurred by an investigator in the exercise of any powers,
in relation to conducting, participating or assisting in an investigation into a transport occurrence involving that transport vehicle.
Division 2 — Investigation reports
Draft reports
Open ↗19.—(1) The Director may provide a draft report, on a confidential basis, to any person whom the Director considers appropriate, for the purpose of —(a)
allowing the person to make submissions to the Director about the draft report; or
(b)
giving the person advance notice of the likely form of the published report.
(2) A person who receives a draft report under subsection (1) or (4) must not —(a)
make a copy of the whole or any part of the draft report; or
(b)
disclose any of the contents of the draft report to any other person or to a court.
(3) A person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
(4) Subsection (2) does not apply to any copying or disclosure that is necessary for the purpose of —(a)
preparing submissions on the draft report; or
(b)
taking steps to remedy safety issues that are identified in the draft report.
(5) A person who receives a draft report under subsection (1) or (4) cannot be required to disclose it to a court.
(6) A person who receives a draft report under subsection (1) or (4) is not entitled to institute other proceedings against anyone on the basis of information in the report.
(7) A draft report provided under subsection (1) must not include the name of an individual.
Investigation reports, etc., to be published
Open ↗20.—(1) The Director must, as soon as practicable after an investigation has been completed, publish, by electronic or other means, a report in relation to the investigation.
(2) The Director may, at any time before an investigation has been completed, publish, by electronic or other means, a report in relation to the investigation if the Director considers that the publication of the report is necessary or desirable for the purposes of transport safety.
(3) A published report may include submissions that were made by persons to the Director in response to a draft report, safety action statements or safety recommendations.
(4) A published report must not include the name of an individual.
(5) Despite anything in the National Library Board Act (Cap. 197), the Director and an investigator are not required to hold any documents or information concerning a transport safety matter that is being or has been investigated under this Act beyond such time as is necessary for the completion of the investigation and reports.
(6) In this section, “report” means any one or more of the following:(a)
a report;
(b)
safety action statements;
(c)
safety recommendations.
Reports inadmissible as evidence
Open ↗21.—(1) A report under section 20 is not admissible in evidence in any civil or criminal proceedings or other proceedings.
(2) However, subsection (1) does not apply to a coroner’s inquiry.
(3) A draft report under section 19 is not admissible in evidence in any civil or criminal proceedings or other proceedings.
Responses to reports of, or containing, safety recommendations
Open ↗22.—(1) This section applies if —(a)
the Director —(i)
publishes a report under section 20 in relation to an investigation;
(ii)
receives a report from an appropriate foreign authority about a transport occurrence; or
(iii)
publishes a report in relation to a transport safety matter; and
(b)
the report is, or contains, a recommendation that a person, unincorporated association, or a public authority or public officer, in Singapore take safety actions.
(2) The person, unincorporated association, public authority or public officer to whom a recommendation mentioned in subsection (1)(b) is made must give a written response to the Director within a prescribed time after the report was published, that sets out whether the person, association, authority or officer accepts the recommendation (in whole or part), and —(a)
if the person, unincorporated association, public authority or public officer accepts the recommendation in whole — details of any action that the person, association, authority or officer proposes to take to give effect to the recommendation; or
(b)
if the person, unincorporated association, public authority or public officer does not accept the recommendation in whole — the reasons why the person, association, authority or officer does not accept the recommendation in whole.
(3) A person, unincorporated association, public authority or public officer who, without reasonable excuse, fails to comply with subsection (2) commits an offence.
(4) A person, unincorporated association, public authority or public officer who is guilty of an offence under subsection (3) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
Division 3 — Investigators
Investigators
Open ↗23.—(1) Where a duty to investigate a transport occurrence under section 15(1) or (2)(b) arises or section 15(2)(a) or 17(1) applies, the Director must, without delay, appoint such number of TSIB staff members or consultants as the Director thinks fit as investigators for the purpose of carrying out the investigation.
(2) Where more than one investigator is appointed for an investigation of a particular transport occurrence, the Director must also designate one of the investigators as the investigator‑in‑charge for that investigation.
(3) Where a single investigator is appointed for an investigation of a transport occurrence, the investigator must be treated as designated under subsection (2) as the investigator‑in‑charge for that investigation.
(4) The Director must issue to every investigator a written authorisation specifying which of the powers conferred on an investigator under this Division the investigator may exercise.
(5) The powers that an investigator may be authorised under this Act to exercise may be exercised only to the extent authorised by the Director under this section.
(6) The written authorisation under subsection (4) for an investigator may do all or any of the following:(a)
limit the powers conferred on an investigator under this Division that the investigator may exercise;
(b)
limit where in Singapore the investigator may exercise his or her powers under this Act or any of them;
(c)
limit when the investigator may exercise his or her powers under this Act or any of them;
(d)
limit the circumstances in which the investigator may exercise his or her powers under this Act or any of them.
(7) An investigator may be accompanied and assisted by police officers or other individuals when exercising powers under this Division if that assistance is necessary and reasonable; and any reference to the investigator in sections 26 to 31 includes a reference to such a police officer or other individual accompanying and assisting the investigator.
(8) To avoid doubt, this section does not prevent the Director appointing himself or herself as an investigator for the purpose of carrying out any investigation.
Identification cards
Open ↗24.—(1) The Director must issue to each investigator an identification card.
(2) Every investigator must return to the Director any identification card issued to him or her under subsection (1) when —(a)
for a consultant, his or her appointment as such ceases; and
(b)
for any other investigator, he or she ceases to be a TSIB staff member.
(3) An investigator must produce his or her identification card for inspection —(a)
before exercising a power under this Act; and
(b)
at any time during the exercise of a power under this Act, if asked to do so.
Public servants
Open ↗25. An investigator who, in the course of his or her duty as an investigator, exercises any power under this Division in accordance with the authorisation issued to him or her under section 23(4) is taken to be a public servant for the purposes of the Penal Code (Cap. 224) when exercising that power.
Division 4 — Powers of investigation
Access to accident site premises, transport vehicle wreckage, etc.
Open ↗26.—(1) For the purpose of an investigation into a reportable matter, and pursuant to an authorisation under section 23(4), an investigator may without payment of any charge —(a)
enter any accident site premises relating to the investigation;
(b)
enter any transport vehicle involved in the reportable matter (whether or not at the accident site) or its wreckage; and
(c)
take equipment and material onto those premises or the transport vehicle (or its wreckage), and use it, for any of the purposes in section 27.
(2) An investigator —(a)
is authorised to enter any premises or transport vehicle (or its wreckage) under subsection (1) whether or not the occupier of the premises or person in possession of the transport vehicle (or its wreckage) consents to the entry; and
(b)
is entitled to enter and remain on those premises or the transport vehicle (or its wreckage) without payment.
(3) An investigator may use such force, and with such assistance of a police officer, as is reasonably necessary to obtain entry to the accident site premises or the transport vehicle (or its wreckage) mentioned in subsection (1)(a) or (b).
Powers after entering accident site premises, wreckage, etc.
Open ↗27.—(1) After entering an accident site premises or a transport vehicle (or its wreckage) mentioned in section 26(1)(a) or (b), an investigator may, for the purpose of an investigation into a reportable matter involving those premises or that vehicle (as the case may be) and pursuant to an authorisation under section 23(4), do all or any of the following:(a)
examine or observe any activity conducted in or on the accident site or the transport vehicle (or its wreckage);
(b)
examine, take measurements of, conduct tests on, or take samples of, evidential material in or on the accident site or the transport vehicle (or its wreckage);
(c)
take any photograph or film of the accident site or the transport vehicle (or its wreckage), or any thing in or on the accident site or the transport vehicle (or its wreckage) that is evidential material;
(d)
operate equipment in or on the accident site or the transport vehicle in order to access evidential material;
(e)
in the case of evidential material that is equipment in or on the accident site or the transport vehicle, operate the evidential material;
(f)
search, without payment, the accident site or the transport vehicle (or its wreckage), and any thing in or on the accident site or the transport vehicle (or its wreckage), for evidential material;
(g)
seize any thing which is found in or on the accident site or the transport vehicle (or its wreckage) during the exercise of powers under this section that the investigator reasonably suspects is evidential material;
(h)
exercise such other powers as may be prescribed.
(2) The power that an investigator may exercise under subsection (1)(d) or (e) in relation to an accident site or a transport vehicle (or its wreckage) includes the power —(a)
to use a disc, tape or other storage device that is in or on the accident site or the transport vehicle and can be used with the equipment or in association with the equipment;
(b)
to operate electronic equipment in or on the accident site or the transport vehicle to put the relevant data in documentary form and remove the documents so produced from the site or vehicle; and
(c)
to operate electronic equipment in or on the place to transfer the relevant data to a disc, tape or other storage device that —(i)
is brought to the accident site or the transport vehicle for the exercise of the power; or
(ii)
is in or on the accident site or the transport vehicle and the use of which for that purpose has been agreed in writing by the occupier of the accident site or transport vehicle, as the case may be,
and to remove the disc, tape or other storage device from that site or vehicle, as the case may be.
(3) The power that an investigator may exercise under subsection (1)(f) in relation to an accident site or a transport vehicle (or its wreckage) includes —(a)
opening anything at the accident site or the transport vehicle (or its wreckage), or in the possession of an individual found in or on the site or the transport vehicle, that is locked and to inspect anything in it;
(b)
removing or causing to be removed an obstruction from the accident site or the transport vehicle (or its wreckage); and
(c)
digging up anything at the accident site, removing roofing material, wall or ceiling linings or floors of a building, or panels or other parts of the transport vehicle (or its wreckage).
(4) If any thing was seized under subsection (1)(g), the thing must —(a)
be returned to the person in whose possession it was when it was seized; or
(b)
if it is not reasonably practicable to return it to that person, be disposed of in such manner as the Director thinks fit,
when the thing is no longer required for the purposes of an investigation.
Power to obtain information
Open ↗28.—(1) For the purpose of an investigation into a reportable matter, and pursuant to an authorisation under section 23(4), an investigator may require any person in Singapore whom the investigator has reason to believe to be acquainted with any facts or circumstances relevant to that purpose —(a)
to attend before the investigator to answer, on oath or affirmation if required by the investigator, any question; and
(b)
to provide any document or information.
(2) The power to require a person to provide any document or information under subsection (1) includes the power —(a)
to require that person, or any individual who is or was an officer or employee of the person, to provide an explanation of the document or information;
(b)
if the document or information is not provided, to require that person or individual in paragraph (a), to state, to the best of the knowledge and belief of that person or individual (as the case may be), where the document or information is; and
(c)
if the information is recorded otherwise than in legible form, to require the information to be made available to the investigator in legible form.
(3) An investigator is entitled without payment to keep any document or information, or make a copy or an extract of any document or information, provided to the investigator under subsection (1).
(4) If any person fails to comply with a requirement under subsection (1) or (2), the court may, on the application of the Director, make such order as the court thinks fit to secure compliance with the requirement, and any such order may provide that all the costs or expenses of and incidental to the application must be borne by such person or by any officer of a company or other association who is responsible for the failure.
(5) However, subsection (4) does not apply if the person or individual to whom a requirement is made under subsection (1) or (2) —(a)
does not possess the document or information required; or
(b)
has taken all reasonable steps available to the person or individual to obtain the document or information required and has been unable to obtain it.
Power to require medical examination, etc.
Open ↗29.—(1) Where an investigator believes on reasonable grounds that the medical examination of an individual who is directly or indirectly involved in the operation of a transport vehicle involved in a transport occurrence is, or may be, relevant to the investigation, the investigator may, by written notice, require the individual to submit to a medical examination with a medical practitioner.
(2) Where an investigator believes on reasonable grounds that the performance of an autopsy on the body of a deceased, or the carrying out of other medical examinations of human remains, is, or may be, relevant to the conduct of the investigation, the investigator may cause such an autopsy or a medical examination to be performed.
(3) The power of an investigator under subsection (2) to cause such an autopsy or a medical examination to be performed includes the power to require, by written notice —(a)
the person having custody of the body of the deceased or other human remains to permit the performance of that autopsy or medical examination; and
(b)
the autopsy report or medical examination report to be given to the investigator.
(4) However, the requirement under subsection (1) that an individual submit to a medical examination does not extend to a requirement that the individual submit to any procedure involving surgery or the injection into the body of any drug, but includes requiring the individual to undergo a breath‑analyser test or a toxicological examination or to provide blood or urine for a laboratory test.
Powers to detain transport vehicle
Open ↗30.—(1) If the Director believes, on reasonable grounds, that —(a)
evidential material is in or on a transport vehicle; and
(b)
it is necessary to exercise other powers under this Division in order to prevent the material from being removed from Singapore, or from being interfered with or to prevent its concealment, loss, deterioration or destruction,
the Director may, by order, detain the vehicle for the purpose of exercising those other powers.
(2) The power of the Director under subsection (1) to detain a transport vehicle includes all or any of the following powers:(a)
to stop the transport vehicle from leaving Singapore;
(b)
to take control and possession of the transport vehicle;
(c)
to move the transport vehicle, or cause the transport vehicle to be moved, to a place approved by the Director.
(3) An order under subsection (1) may be given orally, and if an oral direction is given to a group of individuals, it is deemed to have been given to each member of the group if the oral direction is made in a manner which is likely to be audible to all the members of the group or as many of them as reasonably practicable.
(4) The Director may exercise the power under subsection (1) with such assistance of police officers, and by such force, as is necessary and reasonable.
(5) However, the Director must not detain a transport vehicle under this section for longer than is necessary and reasonable to exercise any other powers under this Act.
Power to control accident site, etc.
Open ↗31.—(1) An investigator may, for the purpose of an investigation into a transport occurrence, and pursuant to an authorisation under section 23(4), exercise such powers as are necessary to secure either or both of the following against unauthorised disturbance:(a)
any accident site related to the transport occurrence;
(b)
any transport vehicle involved in the transport occurrence (whether or not at the accident site) or its wreckage.
(2) Without limiting subsection (1), the powers that an investigator may exercise under this section in relation to a transport occurrence include —(a)
placing a cordon around an accident site or a transport vehicle involved in the transport occurrence (whether or not at the accident site) or its wreckage;
(b)
restricting entry to an accident site or a transport vehicle (or its wreckage) to people, animals and vehicles, that are authorised by the investigator or this Act;
(c)
preventing any unauthorised individual, animal or vehicle from disturbing or entering an accident site or a transport vehicle (or its wreckage);
(d)
removing, or ordering the removal of, any unauthorised individual, animal or vehicle from an accident site or a transport vehicle (or its wreckage);
(e)
preventing a transport vehicle (or its wreckage) from being moved;
(f)
preventing any evidential material or thing relevant to the investigation from being concealed or disturbed;
(g)
preventing any individual from removing evidential material from or otherwise interfering with an accident site or a transport vehicle (or its wreckage) or anything in it and, for that purpose, detain and search the individual.
(3) The cordoned‑off area on which a cordon is placed under this section must, so far as is reasonably practicable, be indicated by means of any form of physical barrier as appears to the investigator responsible for carrying out the arrangements for applying the cordon to be appropriate.
(4) An investigator is authorised to exercise any power under subsection (1) whether or not the occupier of the accident site or person in possession of the transport vehicle (or its wreckage) consents to the exercise of those powers.
Exception for rescue efforts, etc.
Open ↗32. Nothing in this Act prevents or prohibits any person engaging in conduct that is necessary —(a)
to ensure the safety of persons, animals or property;
(b)
to remove deceased persons or animals, or human or animal remains, from an accident site;
(c)
to move a transport vehicle, or the wreckage of a transport vehicle, to a safe place;
(d)
to protect the environment from significant damage or pollution; or
(e)
to prevent any danger or obstruction to the public or other transport vehicles in the vicinity.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
