Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996
| Jurisdiction | UK Non-devolved |
1996 No. 2798
CIVIL AVIATION
The Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996
Made 4th November 1996
Coming into force 21th November 1996
The Secretary of State for Transport, in exercise of the powers conferred by sections 75 and 102 of, and paragraphs 4 and 6 of Part III of Schedule 13 to, the Civil Aviation Act 19821and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement, interpretation and application
1. These Regulations may be cited as the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996 and shall come into force on 21st November 1996.
2.—(1) In these Regulations, unless the context otherwise requires—
“accident” means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which—
“(a) a person suffers a fatal or serious injury as a result of—
being in or upon the aircraft,
direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or
direct exposure to jet blast,
except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew, or
(b) the aircraft sustains damage or structural failure which—
adversely affects the structural strength, performance or flight characteristics of the aircraft, and
would normally require major repair or replacement of the affected component,
except for engine failure or damage, when the damage is limited to the engine, its cowlings or accessories; or for damage limited to propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin; or
(c) the aircraft is missing or is completely inaccessible;”
“aerodrome authority” means, in relation to any aerodrome, the person by whom the aerodrome is managed;
“the Annex” means Annex 13 to the Chicago Convention as amended on 23 March 19942;
“Chief Inspector” means the Chief Inspector of Air Accidents appointed under regulation 8 below;
“commander” in relation to an aircraft means the member of the flight crew designated as commander of that aircraft by the operator thereof, or failing such a person, the person who is for the time being the pilot in command of the aircraft;
“Contracting State” means any State (including the United Kingdom) which is party to the Chicago Convention;
“crew” includes every person employed or engaged in an aircraft in flight on the business of the aircraft;
“the Directive” means Council Directive 94/56/ECof 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and inci dents3;
“fatal injury” means an injury which is sustained by a person in an accident and which results in his death within 30 days of the date of the accident;
“incident” means an occurrence, other than an accident, associated with the operation of an aircraft which affects or would affect the safety of operation;
“Inspector” means a person appointed as an Inspector of Air Accidents under regulation 8 below;
“investigating Inspector” means an Inspector carrying out an investigation pursuant to these Regulations;
“owner” means, where an aircraft is registered, the registered owner;
“pilot in command” in relation to an aircraft means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;
“police officer” means any person who is a member of a police force or of the Royal Ulster Constabulary (including, for the avoidance of doubt, the Royal Ulster Constabulary Reserve), and any special constable;
“serious incident” means an incident involving circumstances indicating that an accident nearly occurred;
“serious injury” means an injury which is sustained by a person in an accident and which—
(a) requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received;
(b) results in a fracture of any bone (except simple fractures of fingers, toes, or nose);
(c) involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage;
(d) involves injury to any internal organ;
(e) involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or
(f) involves verified exposure to infectious substances or harmful radiation;
and “seriously injured” shall be construed accordingly;
“causes”, “investigation”, “flight recorder”, “undertaking” and “safety recommendation” have the meanings given by Article 3 of the Directive; and
“established” shall have the same meaning as in the Directive.
(2) Any notice or other document required or authorised by any provision of these Regulations to be served on or given to any person may be served or given—
(a)
(a) by delivering it to that person;
(b)
(b) by leaving it at his usual or last-known residence or place of business, whether in the United Kingdom or elsewhere;
(c)
(c) by sending it to him by post at that address; or
(d)
(d) by sending it to him at that address by telex, by facsimile transmission or other similar means which produce a document containing a text of the communication, in which event the document shall be regarded as served when it is received.
3. These Regulations apply only to civil aviation accidents and incidents.
Purpose of the investigation of accidents and incidents
4. The sole objective of the investigation of an accident or incident under these Regulations shall be the prevention of accidents and incidents. It shall not be the purpose of such an investigation to apportion blame or liability.
Duty to furnish information relating to accidents and incidents
5.—(1) Where an accident or a serious incident occurs in respect of which, by virtue of regulation 8(3) below the Chief Inspector is required to carry out, or to cause an Inspector to carry out, an investigation, the relevant person and, in the case of an accident or a serious incident occurring on or adjacent to an aerodrome, the aerodrome authority shall forthwith give notice thereof to the Chief Inspector by the quickest means of communication available and, in the case of an accident occurring in or over the United Kingdom, shall also notify forthwith a police officer for the area where the accident occurred of the accident and of the place where it occurred.
(2) In this regulation the expression “relevant person” means—
(a)
(a) in the case of an accident or serious incident occurring in or over the United Kingdom or occurring elsewhere to an aircraft registered in the United Kingdom, the commander of the aircraft involved at the time of the accident or serious incident or, if he be killed or incapacitated, the operator of the aircraft; and
(b)
(b) in the case of a serious incident occurring in or over any country or territory other than a member State or a Contracting State to an aircraft registered elsewhere than in the United Kingdom but operated by an undertaking established in the United Kingdom, that undertaking.
(3) The notice to the Chief Inspector referred to in paragraph (1) above shall contain as much of the following information as is available—
(a)
(a) in the case of an accident, the identifying abbreviation “ACCID” or, in the case of a serious incident, the identifying abbreviation “INCID”;
(b)
(b) the type, model and the nationality and registration marks of the aircraft;
(c)
(c) the name of the owner, operator and hirer (if any) of the aircraft;
(d)
(d) the name of the commander of the aircraft;
(e)
(e) the date and Co-ordinated Universal Time of the accident or serious incident;
(f)
(f) the last point of departure and the next point of intended landing of the aircraft;
(g)
(g) the position of the aircraft by reference to some easily defined geographical point and latitude and longitude;
(h)
(h) the number of—
(i) crew on board the aircraft at the time of the accident or serious incident and, in the case of an accident, the number of them killed or seriously injured as a result of the accident;
(ii) passengers on board the aircraft at the time of the accident or serious incident and, in the case of an accident, the number of them killed or seriously injured as a result of the accident;
(iii)
(iii) in the case of an accident, other persons killed or seriously injured as a result of the accident;
(i) the nature of the accident or serious incident and the extent of the damage to the aircraft as far as is known.
(4) Where an incident, other than a serious incident, takes place—
(a)
(a) in or over the United Kingdom; or
(b)
(b) otherwise than in or over the United Kingdom to an aircraft registered in the United Kingdom;
the owner, operator, commander or hirer of the aircraft shall, if so required by notice given to him by the Chief Inspector, send to the Chief Inspector such information as is in his possession or control with respect to the incident in such form and at such times as may be specified in the notice.
6. Subject to the provisions of regulations 11(4)(b) and 18 below, the Chief Inspector may at any time publish, or cause to be published, information relating to an accident or incident...
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