Air Navigation (Notification and Investigation of Accidents and Incidents) Regulations, 1997

• Jurisdiction: Ireland
• Citation: IR SI 205/1997

S.I. No. 205 of 1997.
AIR NAVIGATION (NOTIFICATION AND INVESTIGATION OF ACCIDENTS AND INCIDENTS) REGULATIONS, 1997.
TABLE OF CONTENTS
PART I
PRELIMINARY
Regulation
1. Citation.
2. Commencement.
3. Interpretation.
4. Objective.
5. Application.
PART II
INVESTIGATIONS
6. Air Accident Investigation Unit.
7. Inspectors of Air Accidents.
8. Inspectors to have unhampered access to and control of wreckage and accident site.
9. Powers of inspectors.
10. Obligation to investigate.
11. Reporting of occurrences.
12. Access to wreckage and removal of damaged aircraft.
13. Form of investigations.
14. Report of investigation into accident.
15. Report of investigation into incidents.
16. Synoptic reports may be published.
17. Safety recommendations.
18. Notice of findings.
PART III
RE-EXAMINATION AND REVIEW
19. Re-examination of investigation.
20. Review Board.
21. Reopening of investigation.
22. Holding of public inquiry.
23. Rehearing of public inquiry.
PART IV
MISCELLANEOUS
24. Disclosure of records.
25. International co-operation.
26. Accident or serious incident outside State.
27. Occurrences involving state aircraft.
28. Disposal of wreckage.
29. Disposal of records.
30. General.
31. Revocation of Air Navigation (Investigation of Accidents) Regulations, 1957.
FIRST SCHEDULE
List of Examples of Serious Incidents
SECOND SCHEDULE
Procedures of public inquiry
S.I. No. 205 of 1997.
AIR NAVIGATION (NOTIFICATION AND INVESTIGATION OF ACCIDENTS AND INCIDENTS) REGULATIONS, 1997.
I, ALAN M. DUKES, Minister for Transport, Energy and Communications, in exercise of the powers conferred on me by sections 3 (2), 6 and 60, of the Air Navigation and Transport Act, 1936 (No. 40 of 1936), as amended, extended or adapted, the Air Navigation and Transport (Application of Regulations to State Aircraft) (Government) Order, 1997 ( S.I. No. 198 of 1997 ), sections 3 (2), 5 , 6 , 9 and 11 of the Air Navigation and Transport Act, 1946 (No. 23 of 1946), as amended, extended or adapted, the Air Navigation and Transport (Application of Regulations to State Aircraft) (Ministerial) Order, 1997 ( S.I. No. 206 of 1997 ). and the Communications (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order, 1987 ( S.I. No. 92 of 1987 ), the Tourism and Transport (Alteration of Name of Department and Title of Minister) Order 1991 ( S.I. No. 25 of 1991 ), and the Tourism, Transport and Communications (Alteration of Name of Department and Title of Minister) Order, 1993 ( S.I. No. 17 of 1993 ), hereby make the following Regulations:
PART I PRELIMINARY
	1 Citation	1. These Regulations may be cited as the Air Navigation (Notification and Investigation of Accidents and Incidents) Regulations, 1997.
	2 Commencement	2. These Regulations shall come into operation on the 25th day of July, 1997.
	3 Interpretation	3. (1) In these Regulations, unless the context otherwise requires—
"the AAIU" means the Air Accident Investigation Unit referred to in regulation 6;
"accident" means any occurrence associated with the operation of an aircraft which takes place from the time any person boards the aircraft with the intention of flight until such time as all persons have disembarked, in which—
(a) a person is fatally or seriously injured as a result of—
(i) being in or on the aircraft,
(ii) direct contact with any part of the aircraft, including a part which has become detached from the aircraft, or
(iii) 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,
(b) the aircraft sustains damage or structural failure which—
(i) adversely affects the structural strength, performance or flight characteristics of the aircraft, and
(ii) 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:
"accredited representative" of a state means a person designated by that state, on the basis of his or her qualifications, for the purpose of participating in an investigation or public inquiry;
"aircraft" means any machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the earth's surface;
"Annex 13" means the International Standards and Practices, Aircraft Accident and Incident Investigation Manual, Annex 13 to the Chicago Convention;
"cause", in relation to an accident or incident, means any action, omission, event, or condition, or combination thereof, which led to the accident or incident;
"Chief Inspector" means the person nominated under regulation 7 (1) to be the Chief Inspector of Air Accidents.
"Court" or "Court of Inquiry" means a person appointed under regulation 22 (3) to hold a public inquiry;
"the Directive" means Council Directive 94/56/EC1 of 21 November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents;
1O.J. No. L319. 12.12.94 p.14.
"fatal injury" means an injury sustained by a person in an accident and which results in his or her death within 30 days of the date of the accident;
"Field Investigation" means an investigation which shall be the subject of a synoptic report;
"Final Report" means the report the form of which is laid down in Annex 13;
"flight recorder" means any type of recorder installed on an aircraft for the purpose of facilitating investigations into accidents or incidents;
"Formal Inspector's Investigation" means an investigation which shall be the subject of a Final Report as laid down in Annex 13;
"ICAO" means the International Civil Aviation Organisation;
"incident" means an occurrence, other than an accident, associated with the operation of an aircraft which affects or is likely to threaten the safety of the aircraft or its operation;
"inspector" means an Inspector of Air Accidents appointed under regulation 7 (1), and includes the Chief Inspector;
"investigation" means a process conducted for the purpose of accident and incident prevention which includes the gathering and analysis of information, the drawing of conclusions, including the determination of cause, and, when appropriate, the making of safety recommendations, and also includes a re-examination under regulation 19 or 20;
"investigator in charge" means an inspector who, on the basis of his or her qualifications, is nominated as such under regulation 7 (8) and charged with the responsibility for the organisation, conduct and control of an investigation;
"Member State" means a Member State of the European Community;
"Minister" means the Minister for Transport, Energy and Communications;
"occurrence" means an accident, serious incident or incident to which these Regulations apply;
"operator" means a person, body or undertaking engaged, or proposing to engage, in the operation of one or more aircraft who or which is, for the time being, responsible for the management of such aircraft;
"owner", in relation to a registered aircraft, means the person who is registered as the owner in the register established under the Air Navigation and Transport Act, 1946 (No. 23 of 1946), a register established under section 60 of the Irish Aviation Authority Act, 1993 (No. 29 of 1993), or a corresponding register established in a state, other than the State;
"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;
"public inquiry" means a public inquiry under regulation 22;
"safety recommendation" means a proposal by the investigating body conducting a technical investigation, based on information derived from that investigation, or Review Board or public inquiry, made with the intention of preventing accidents and incidents;
"serious incident" means an incident involving circumstances indicating that an accident nearly occurred ( a list of examples of serious incidents can be found in the First Schedule to these Regulations);
"serious injury" means an injury 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 laceration which causes 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 or injurious substances or injurious radiation;
"the State" includes the territorial seas of the State;
"state aircraft" means an aircraft of any country, including the State, used in military, customs or police services;
"state of design" of an aircraft means the state having jurisdiction over the organisation responsible for the type design;
"state of manufacture" of an aircraft means the state having jurisdiction over the organisation responsible for the final assembly of the aircraft;
"state of occurrence", in relation to an accident or incident, means the state in the territory of which the accident or incident occurs;
"state of the operator" of an aircraft means the state in which the operator's principal place of business is located or, if there is no such...