Air LawLektion 52 von 64
52/64Aircraft Accident and Incident Investigation (ICAO Annex 13 / Regulation (EU) No 996/2010)

Definitions

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General (ICAO)

ICAO Annex 13 — Aircraft Accident and Incident Investigation, Chapter 1 (Definitions) defines key investigation terms:

Accident — An occurrence associated with the operation of an aircraft which, in the case of a manned aircraft, takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, and in which:

  • a) a person is fatally or seriously injured as a result of: being in the aircraft, or direct contact with any part of the aircraft (including detached parts), or direct exposure to jet blast. Excluding: natural causes, self-inflicted or inflicted by others, and injuries to stowaways outside normal passenger/crew areas, or
  • b) the aircraft sustains damage or structural failure that adversely affects structural strength, performance or flight characteristics and normally requires major repair or replacement of the affected component. Excluding: engine failure or damage limited to a single engine (including its cowling or accessories), damage to propellers, wing tips, antennas, tyres, brakes, fairings, small dents or holes in the skin, or
  • c) the aircraft is missing or completely inaccessible.

Fatal injury — Injury resulting in death within 30 days of the accident.

Serious injury — Injury in which a person:

  • is hospitalised for more than 48 h within 7 days of the injury, or
  • has fractures of any bone (except fingers, toes, nose), or
  • has extensive lacerations causing severe haemorrhage, nerve/muscle/tendon damage, or
  • has internal organ injury, or
  • has 2nd or 3rd degree burns or burns over >5% body surface, or
  • has been exposed to infectious substances or injurious radiation.

Serious incident — An incident involving circumstances indicating that there was a high probability of an accident. Examples in Annex 13 Attachment C: near collision, loss of control, collision during taxi/take-off, engine fire, CFIT narrowly avoided, severe structural damage, emergency landing with or without success, etc.

Incident — An occurrence (other than an accident) associated with the operation of an aircraft, which affects or could affect the safety of operation.

Investigation — A process conducted for the purpose of accident prevention, comprising the gathering and analysis of information, drawing of conclusions including the determination of cause(s) and/or contributing factors and, when appropriate, the making of safety recommendations.

Europe (EASA / EU)

The ICAO Annex 13 definitions are adopted into EU law verbatim via Regulation (EU) 996/2010 on the investigation and prevention of accidents and incidents in civil aviation, Article 2 (Definitions).

Germany (national)

Direct application of EU 996/2010. The competent investigation authority is the Bundesstelle für Flugunfalluntersuchung (BFU) in Braunschweig (see "Investigation objective" lesson). Definitions adopted unchanged via the Flugunfall-Untersuchungs-Gesetz (FlUUG).

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