@article{เตียนราวแสน_พิพุธวัฒน์_2015, place={Chiang Rai, Thailand}, title={ความหมายของ “อุบัติเหตุ” ตามพระราชบัญญัติการเดินอากาศ พ.ศ. 2497}, volume={4}, url={https://so05.tci-thaijo.org/index.php/MFUconnexion/article/view/241365}, abstractNote={<p>The objective of this Article was to study the correctness of the definition of the term “accident” as specified in the Air Navigation Act B.E. 2497 (A.D. 1954), by studying the definition of the above mentioned term and condition of reporting accident for the purpose of conducting investigation according to the Chicago Convention 1944 and Annex 13 on the investigation of aircraft accident and aircraft incident, with a view to improving the Air Navigation Act B.E. 2497. Such study will be done by making research as well as compiling information from documents both in Thai and foreign languages such as laws, text books, magazines, articles, theses and websites relating to the content of this research, for the purpose of the analysis thereof.</p> <p>This study found that Article 26 of the Chicago Convention 1944 does not provide definition of the term “accident.” It does only the conditions of accident which cause death or severe injury or serious technical malfunction or serious malfunction of navigation facility. These conditions are limited in its character which requires the conduct of investigation according to the practice recommended by the International Civil Aviation Organization. Hence, the term “accident” shall be literally interpreted. At the same time, Article 61 of the Air Navigation Act B.E. 2497 mentions the term “accident” without providing any definition thereof. It then carries normal meaning as that article 26 of Chicago Convention 1944. The reason that conditions for investigation have not been provided is because it is the sovereignty of Thailand to conduct investigation on any accident or incident taken place in its territory. However, the interpretation of the Thai authorities concerned seemed stick to the term in Article 26 which cause confusion in law enforcement.</p> <p>As follow, it should be authorities concerned have interpret the term “accident” under Article 61 of the Air Navigation Act 2497 as normal meaning instead of technical meaning. That it is the authority to investigate all any aircraft accident and be the purpose of the enactment.</p>}, number={1}, journal={Connexion: Journal of Humanities and Social Sciences}, author={เตียนราวแสน กมลพรพรรณ and พิพุธวัฒน์ สมชาย}, year={2015}, month={Jun.}, pages={54–71} }