The Civil Aviation Administration of China (‘CAAC’) issued a new regulation on ‘Flight Accident Emergency Response and Family Assistance’ (‘Emergency Response Regulations’) in respect of civil aviation accidents, which came into effect on 1 January 2006.

The procedures introduced by this legislation follow the implementation of similar programs in other jurisdictions. The regulation seeks to establish a framework for the provision of assistance in the emergency response following an aircraft accident, with an emphasis on the need to provide essential material and emotional support to the affected passengers and their next of kin.

Despite the improvements made to aircraft safety in recent years, the rising passenger loads and the increasingly important role China plays in the global aviation scene make it necessary to prepare for emergency response situations in civil aviation accidents. The planning and coordination required to deal swiftly with an aviation incident has to be put in place beforehand, since the aim is to increase the efficiency level of the Government and airlines in handling emergency response situations as well as to minimise losses to life and property and increase public confidence in the industry.

The Emergency Response Regulations, however, are not applicable to all types of civil aviation accident. The National Technology Surveillance Bureau in China had previously defined three types of aircraft accident:

  • common accidents – 10 or more seriously injured passengers;
  • serious accidents – 39 or fewer deceased passengers; and
  • major loss accidents – 40 or more deceased passengers.

The scope of the Emergency Response Regulations covers only serious and major loss accidents.

Pursuant to the new regulation, the State Council issued the ‘National Flight Accident Emergency Response Plan’ (‘Emergency Response Plan’) in January 2006 which provides guidelines for the regulation of emergency response management and procedures. The main body coordinating the emergency action will be the Accident Management Team which is to be the liaison between the airline involved, the passengers and their families and the government organisations.

The Emergency Response Plan will also provide guidance to the airlines, which are required to submit their respective proposed family assistance plan for emergency response in the event of a civil aviation accident. The CAAC will be responsible for supervision of the airlines and their proposed emergency response plans.

The Emergency Response Regulations state that the family assistance plan to be prepared by the airlines should include the following:

  • setting up of a hotline;
  • quick notification of passengers’ next of kin;
  • provision of regular updates;
  • negotiation with passengers and next of kin re disposal of belongings of deceased;
  • training of staff to cope with an emergency response situation;
  • compensation plan and procedure and funeral preparations; and
  • sufficient resources for the facilitation of the plan.

Further guidelines are given in respect of providing for the material and emotional needs of the passengers and their families, for example provision of trained counsellors, medical services, housing the families of the passengers, and so on.

At the moment, the Emergency Response Regulations do not apply to foreign carriers travelling to China. 

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