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(a) Subject to paragraph (b), this Part prescribes rules for the—
(1) notification, investigation, and reporting of accidents and incidents; and
(2) preservation of aircraft, aircraft contents, and aircraft records following an accident or serious incident; and
(3) preservation of records relating to an accident, facility malfunction incident, an airspace incident, or a promulgated information incident; and
(4) reporting of aircraft operating and statistical data.
(b) Subject to paragraph (c) this Part does not apply to:
(1) an incident or accident that is associated with a gyroglider, parasail, unmanned aircraft, kite, or rocket operated under Parts 101 and 102:
(2) an incident that is associated with a microlight aircraft operated under Part 103:
(3) an incident that is associated with a glider operated under Part 104:
(4) an incident that is associated with a parachute operated under Part 105:
(5) an incident that is associated with a hang glider operated under Part 106.
(c) This Part does apply if the operation mentioned in paragraph (b) is conducted under the authority of an adventure aviation operator certificate issued by the Director under the Act and Part 115.
In this Part—
Aircraft incident means any incident, not otherwise classified, associated with the operation of an aircraft:
Aerodrome incident means an incident involving an aircraft operation and—
(1) an obstruction either on the aerodrome operational area or protruding into the aerodrome obstacle limitation surfaces; or
(2) a defective visual aid; or
(3) a defective surface of a manoeuvring area; or
(4) any other defective aerodrome facility:
Airspace incident means an incident involving deviation from, or shortcomings of, the procedures or rules for—
(1) avoiding a collision between aircraft; or
(2) avoiding a collision between aircraft and other obstacles when an aircraft is being provided with an Air Traffic Service:
Bird incident means an incident where—
(1) there is a collision between an aircraft and one or more birds; or
(2) when one or more birds pass sufficiently close to an aircraft in flight to cause alarm to the pilot:
Cargo security incident means an incident involving cargo or mail that is carried, or has been accepted by a regulated air cargo agent or an air operator for carriage, by air on an aircraft conducting an international regular air transport operation passenger service, and—
(1) there is evidence of tampering or suspected tampering with the cargo or mail which could be an act or an attempted act of unlawful interference; or
(2) a weapon, explosive, or other dangerous device, article or substance, that may be used to commit an act of unlawful interference is detected in the cargo or mail:
Dangerous goods incident means an incident associated with and related to the carriage of dangerous goods by air after acceptance by the operator, that—
(1) results in injury to a person, property damage, fire, breakage, spillage, leakage of fluid or radiation, or other evidence that the integrity of the packaging has not been maintained; or
(2) involves dangerous goods incorrectly declared, packaged, labelled, marked, or documented:
Defect incident means an incident that involves failure or malfunction of an aircraft or aircraft component, whether found in flight or on the ground:
Fatal injury means any injury which results in death within 30 days of the accident:
Facility malfunction incident means an incident that involves an aeronautical facility:
Freight means any property carried on an aircraft from one location for the purpose of unloading at another location:
Occurrence means an accident or incident:
Promulgated information incident means an incident that involves significantly incorrect, inadequate, or misleading information or aeronautical data promulgated in an aeronautical information publication, map, chart, or otherwise provided for the operation of an aircraft:
Prosecution investigation means an investigation carried out to establish whether an offence against the Act has been committed:
Security incident means an incident that involves unlawful interference:
Serious incident means an incident involving circumstances indicating that an accident nearly occurred:
Serious injury means any injury that is sustained by a person in an accident and that—
(1) requires hospitalisation for more than 48 hours, commencing within 7 days from the date the injury was received; or
(2) results in a fracture of any bone, except simple fractures of fingers, toes, or nose; or
(3) involves lacerations which cause severe haemorrhage, nerve, muscle, or tendon damage; or
(4) involves injury to an internal organ; or
(5) involves second or third degree burns, or any burns affecting more than 5% of the body surface; or
(6) involves verified exposure to infectious substances or injurious radiation:
TAIC means the Transport Accident Investigation Commission, which is established by section 3 of the Transport Accident Investigation Commission Act 1990.
