The Civil Aviation (Investigation of Air Accidents) Regulations 1989

Citation, commencement, interpretation and application

2.—(1) In these Regulations, unless the context otherwise requires–

“accident” includes an incident and a reportable accident;

“aerodrome authority” means, in relation to any aerodrome, the person by whom the aerodrome is managed;

“the CAA” means the Civil Aviation Authority;

“commander” in relation to an aircraft means a member of the 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;

“Chief Inspector” means the Chief Inspector of Air Accidents appointed under regulation 8(1) below, and includes any deputy chief inspector;

“crew” includes every person employed or engaged in an aircraft in flight on the business of the aircraft;

“field investigation” means an investigation which is not intended to be the subject of a report by an Inspector to the Secretary of State;

“formal investigation” means an investigation which is intended to be the subject of a report by an Inspector to the Secretary of State;

“incident” means any fortuitous or unexpected event, not being a reportable accident, by which the safety of an aircraft or any person is threatened;

“Inspector” means a person appointed as an Inspector of Air Accidents under regulation 8 (1) below;

“investigation” means any investigation carried out by an Inspector into an accident;

“operator” in relation to an aircraft means the person for the time being having the management of that aircraft;

“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;

“reportable accident” means an occurrence associated with the operation of an aircraft which takes place between the time when any person boards the aircraft with the intention of flight and such time as all persons have disembarked therefrom, in which–

(a)

any person suffers death or serious injury while in or upon the aircraft or by direct contact with any part of the aircraft (including any part which has become detached from the aircraft) or by direct exposure to jet blast, except when the death or serious injury is from natural causes, is self-inflicted or is inflicted by other persons or when the death or serious injury is suffered by a stowaway hiding outside the areas normally available in flight to the passengers and members of the crew of the aircraft; or

(b)

the aircraft incurs damage or structural failure, other than–

(i)

engine failure or damage, when the damage is limited to the engine, its cowling or accessories,

(ii)

damage limited to propellers, wing tips, antennae, tyres, brakes, fairings, small dents or punctured holes in the aircraft skin,

which adversely affects its structural strength, performance or flight characteristics and which would normally require major repair or replacement of the affected component; or

(c)

the aircraft is missing or is completely inaccessible;

“serious injury” means an injury which is sustained by a person in a reportable accident and which–

(a)

requires his stay in hospital for more than 48 hours commencing within seven days from the date on which the injury was received; or

(b)

results in a fracture of any bone (except simple fractures of fingers, toes or nose); or

(c)

involves lacerations which cause nerve, muscle or tendon damage or severe haemorrhage; or

(d)

involves injury to any internal organ; or

(e)

involves second or third degree burns or any burns affecting more than five per cent of the body surface; or

(f)

involves verified exposure to infectious substances or injurious radiation;

and “seriously injured” shall be construed accordingly;

(2) For the purposes of section 75 of the Civil Aviation Act 1982, the definition of “accident” shall be the same as in these Regulations.

(3) 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) by delivering it to that person;

(b) by leaving it at his usual or last-known residence or place of business, whether in the United Kingdom or elsewhere;

(c) by sending it to him by post at that address; or

(d) by sending it to him at that address by telex 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.