Airlaw – Accidents and investigation – 010 13 00 00

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010 13 01 00 Essential definitions of ICAO Annex 13
010 13 01 01 Definitions and descriptions

(01) Recall the definitions of the following terms:

accident,   aircraft,   flight   recorder,   incident,   investigation, maximum  mass,  operator,  serious  incident,  serious  injury, State  of Design,  State  of Manufacture,  State  of Occurrence, State of the Operator, State of Registry.

 

Source: ICAO Annex 13, Chapter 1 Definitions

(02) Explain   the   difference   between   ‘serious   incident’   and ‘accident’.

 

Source:   ICAO   Annex   13,   Chapter   1   Definitions    and Attachment C ‘List of examples of serious incidents’

(03) Determine whether a certain occurrence has to be defined as a serious incident or as an accident.

 

Source:    ICAO    Annex    13,    Chapter    1    Definitions    and Attachment C ‘List of examples of serious incidents’

(04) Recognise the description of an accident or incident.

Source: ICAO Annex 13, Chapter 1 Definitions

010 13 02 00 Accident and incident investigation in ICAO Annex 13
010 13 02 01 Objectives and procedures

(01) State the objective(s) of the investigation of an accident or incident according to ICAO Annex 13.

3.1 The sole objective of the investigation of an accident or incident shall be the prevention of accidents and incidents. It is not the purpose of this activity to apportion blame or liability.

Source:  ICAO  Annex  13,  Chapter  3,  3.1  Objective  of  the investigation

(02) Describe the general procedures for the investigation of an accident or incident according to ICAO Annex 13.

4.1 The State of Occurrence shall forward a notification of an accident or serious incident, with a minimum of delay and by the most suitable and quickest means available, to:

  1. a)  the State of Registry;
  2. b)  the State of the Operator;
  3. c)  the State of Design;
  4. d)  the State of Manufacture; and
  5. e)  the International Civil Aviation Organization, when the aircraft involved is of a maximum mass of over 2 250 kg or is a turbojet-powered aeroplane.

However, when the State of Occurrence is not aware of a serious incident, the State of Registry or the State of the Operator, as appropriate, shall forward a notification of such an incident to the State of Design, the State of Manufacture and the State of Occurrence.

 

5.1 The State of Occurrence shall institute an investigation into the circumstances of the accident and be responsible for the conduct of the investigation, but it may delegate the whole or any part of the conducting of such investigation to another State or a regional accident and incident investigation organization (RAIO) by mutual arrangement and consent. In any event, the State of Occurrence shall use every means to facilitate the investigation.

 

Source:

ICAO Annex 13, Chapter 4, 4.1;

ICAO Annex 13, Chapter 5, 5.1 to 5.4.1

010 13 03 00 Accident and incident investigation in EU regulations
010 13 03 01 Occurrences

(01) Identify an occurrence as being either an accident, incident or serious incident in Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation.

Serious incident – accident nearly occurred.

Accident involves death injury or damage.

 

Source: Regulation (EU) No 996/2010, Article 2(1), (7) and

(16) and Annex ‘List of examples of serious incidents’

No

(02) Describe the relationship between Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation.

996/2010 enshrines ICAO Standards into EU law and sets out how occurrences should be dealt with.

 

376/2014 lays down rules for analysing occurrences.

Source:

Regulation    (EU)    No    376/2014,    p.    L122/18    (3)    and p. L122/21 (28); Regulation (EU) No 996/2010

(03) State the subject matter and scope of Regulation (EU) No 376/2014 (Article 3).

  • Reporting of occurrences.
  • Analysis and follow up.
  • Protection of aviation professionals.
  • Appropriate use of collected safety information.
  • Integration of information into EU central repository.

 

Source: Regulation (EU) No 376/2014, Article 3

(04) Identify occurrences that must be reported (Regulation (EU) No 376/2014, Article 4).

  • Collision risk
  • Take -off and landing events
  • Fuel
  • Comms occurrences
  • Injury, emergencies and other critical situations
  • Crew and crew incapacitation
  • Met conditions
  • Security

 

  • Structural defects
  • System malfunctions
  • Maintenance and repair problems
  • Propulsion problems
  • APU problems

 

  • Collisions and near collisions or potential
  • ATM/ANS

 

  • Aerodrome activities and facilities
  • Handling of passengers baggage mail and cargo
  • Aircraft ground handling problems

 

Source: Regulation (EU) No 376/2014, Article 4

(05) Identify occurrences that should be voluntarily reported (Regulation (EU) No 376/2014, Article 5).

Anonymous

 

Anything missed by mandatory reporting and other information perceived as a risk.

Source: Regulation (EU) No 376/2014, Article 5

(06) Describe how information from occurrences is collected, stored and analysed (Regulation (EU) No 376/2014, Articles 6, 8, 13 and 14).

Transferred centrally to the repository. Exchanged and analysed by EU commission and national authorities.

 

Source:  Regulation  (EU)  No  376/2014,  Articles  6,  8,  13 and 14

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