Factual Information 2015:1.17 Organisational and Management Information/1.17.1
This page contains an extract from MH370/01/15 Factual Information which accompanied the (first) Interim Statement released by The Malaysian ICAO Annex 13 Safety Investigation Team for MH370 on 8th March 2015.
1.17.1 Department of Civil Aviation (DCA) Malaysia
The DCA is an agency under the purview of the Ministry of Transport (MOT) with the authority to regulate and oversee all technical-operational aspects of the civil aviation industry in Malaysia.
As a Contracting State of the International Civil Aviation Organisation (ICAO) since 1958, Malaysia through DCA is responsible to ensure that the safety and security of flights are consistently maintained at the highest level possible, and at the same time, to ensure the safety of the Malaysian airspace for aircraft operations in conformity to the requirements of ICAO in all aspect of polices, regulations and Standards and Recommended Practices (SARPs).
Malaysia’s civil aviation system is based on the Federal Constitution as the supreme law.
The legal framework in place consists of the following legislations enacted by Parliament:
- Civil Aviation Act 1969 (Act 3), last amended 01 June 2003
- Aviation Offences Act 1984 (Act 307);
- Airport and Aviation Services (Operating Company) Act 1991 (Act 467); and
- Carriage by Air Act 1974 (Act 148)
Specifically, Section 3 of the Civil Aviation Act 1969 empowers the Minister of Transport “to give effect to the Chicago Convention and regulate civil aviation.’’ Under the authority conferred by the same provision, the Minister of Transport also enacted the Civil Aviation Regulations 1996 (CAR) [P.U. (A) 139/96].
CAR 201 stipulates the use of ‘ipso facto’ to address ICAO Annexes 1 to 18, including the application of not only ICAO Standards, but also the recommended practices, provided that a regulation has not already been established in CAR and that a difference has not been notified to ICAO. In particular, DCA relies completely on CAR 201 for the implementation of Annexes 3, 4, 5 and 12.
The Civil Aviation Act 1969 or Act 3 also empowers the Minister of Transport to make rules providing for “the investigation in such manner as may be prescribed, including by means of a tribunal established for the purpose, of any accident either occurring in Malaysia or occurring to Malaysian aircraft.” In addition, this Act provides the Minister of Transport, the Chief Inspector of Air Accidents Investigation Bureau (AAIB) with the proper authority and legal tools to conduct investigations effectively, and in compliance with Annex 13.
The CAR defines which accidents and incidents shall be reported and empowers the Minister of Transport to appoint a Chief Inspector of Air Accidents and Incidents. CAR provides for the Chief Inspector to “determine whether or not an investigation shall be carried out in respect of any accident to which these regulations apply and the form of the investigation”. The Chief Inspector may carry out, or may cause another Inspector to carry out, an investigation of any such accident. The CAR also makes provision for the mandatory submission of a report to the Director-General of Civil Aviation (DGCA) in respect of any reportable occurrence. No provision is however made for a voluntary non-punitive reporting system.
a) Main Functions and Responsibilities of DCA
- i. To exercise regulatory functions in respect of civil aviation and airport and aviation services including the establishment of standards and their enforcement;
- ii. To represent the Government in respect of civil aviation matters and to do all things necessary for this purpose;
- iii. To ensure the safe and orderly growth of civil aviation throughout Malaysia;
- iv. To encourage the development of airways, airport and air navigation facilities for civil aviation;
- v. To promote the provision of efficient airport and aviation services by the licensed company; and
- vi. To promote the interests of users of airport and aviation services in Malaysia in respect of the prices charged for, and the quality and variety of, services provided by the licensed company.
b) Responsibility of the Director-General of DCA (DGCA)
The Civil Aviation Act 1969 (Act 3) clearly states the duties and functions of the DGCA (including the authority to delegate powers, duties and functions) and, by extension, the objectives and functions of the DCA.
(Not included here)
Among the several divisions under its jurisdiction, DCA has eight Divisions engaged in safety, security and licensing-related functions, as follows (Table 1.17A below):
| i. Flight Operations Sector ) | Grouped under a broader unit called Engineering and Flight Operations |
| ii. Airworthiness Sector ) | |
| iii. Flight Calibration Division ) | |
| iv. Air Traffic Management Sector | |
| v. Air Traffic Management Inspectorate Division | |
| vi. Aviation Security Division | |
| vii. Airport Standards Division | |
| viii. Malaysian Aviation Academy Division | |
Table 1.17A – Sectors and Divisions of DCA
This Section focuses only on the Air Traffic Services, Airworthiness and Flight Operations Sectors of the DCA.
Source: Malaysian ICAO Annex 13 Safety Investigation Team for MH370, 8 March 2015, Factual Information MH370/01/15
The Factual Information was updated in 2018 by the Safety Investigation Report MH370/01/2018 which added new content but did not include all of the previous data.