| (1) |
A PIC, a flight crew member, an operator, or an owner, as the case may be, of an aircraft involved in an incident within the Republic, shall, as soon as possible but at least within 24 hours since the time of such incident, report such incident to— |
| (a) |
the Executive responsible for Aircraft Accident and Incident investigation; |
| (c) |
the nearest Police Station. |
| (2) |
A PIC, a flight crew member, an operator, or an owner, as the case may be, of an aircraft involved in an ATS incident within the Republic, shall, as soon as possible, notify an ATSU of such ATS incident. |
| (3) |
An ATS personnel who witnesses an ATS incident, shall, as soon as possible, notify an ATSU of such ATS incident. |
| (4) |
An ATSU notified of an incident in terms of subre qulations (1); (2); or (3) shall, immediately on receipt of the notification and as prescribed in Document SA–CATS 12, notify— |
| (a) |
the Executive responsible for aircraft accident and incident investigation; and |
| (b) |
an aerodrome manager, if such incident occurs on an aerodrome. |
| (5) |
A PIC, flight crew member, aircraft operator, or owner, as the case may be, of an aircraft involved in a serious incident within the Republic shall report such incident to the Executive responsible for Aircraft Accident and Incident investigation. |
| (6) |
A serious incident referred to in subregulation (5) shall include but not limited to— |
| (a) |
a near collision requiring an avoidance manoeuvre to avoid a collision or an unsafe situation or when an avoidance action would have been appropriate; |
| (b) |
a collision not classified as accident; |
| (c) |
a controlled flight into terrain only marginally avoided; |
| (d) |
an aborted take-off on a closed or engaged runway, taxiway, or unassigned runway; |
| (e) |
a take-off from a closed or engaged runway, or from taxiway or unassigned runway; |
| (f) |
a landing or attempted landing on a closed or engaged runway, on a taxiway, or unassigned runway,or an unintended landing location such as roadway; |
| (g) |
a retraction of a landing gear leg or a wheels-u p landing not classified as an accident; |
| (h) |
a dragging, during landing, of a wing tip, engine pod , or any other part of an aircraft, that is not classified as an accident; |
| (i) |
a gross failure to achieve predicted performance during take-off or initial climb; |
| (j) |
fire or smoke in a cockpit, passenger compartment, cargo compartment, or engine, even though such fire is extinguished; |
| (k) |
an event requiring an emergency use of oxygen by flight crew; |
| (l) |
an aircraft structural failure or engine disintegration, including uncontained turbine engine failure, not classified as an accident; |
| (m) |
a multiple malfunction of one or more aircraft systems seriously affecting the operation of an aircraft; |
| (n) |
a flight crew incapacitation in flight in the following circumstances; |
| (i) |
where an aircraft is operated by a sole pilot; |
| (ii) |
where a flight is controlled remotely by a sole pilot; or |
| (iii) |
in case of multi-pilot operation, flight safety was compromised because of a significant increase in workload for remaining crew; |
| (o) |
a fuel quantity level or distribution situations requiring a declaration of an emergency, such as insufficient fuel, fuel exhaustion, fuel starvation, or inability to use all usable fuel on board; |
| (p) |
a runway incursion classified as severity "A" as outlined in Document SA-CATS 12; |
| (q) |
a take-off or landing incident such as under-shooting, overrunning, or running off the side of a runway; |
| (r) |
a system failure which includes loss of power or thrust, weather phenomena, operation outside approved flight envelope, or other occurrence which caused or could have caused difficulty in controlling an aircraft; |
| (s) |
a failure of more than one system in a redundancy system mandatory for flight guidance and navigation; |
| (t) |
an unintentional or, as an emergency measure, an intentional release of a sling load or any other load carried external to an aircraft: and |
| (u) |
an incident where upon evaluation, no credible defences have been identified in the form of barriers that will mitigate the high probability of an accident occurring. |
[Regulation 12.02.2 substituted by regulation 4(f) of Notice No. R. 3169, GG 48228, dated 17 March 2023 (Twenty-Fifth Amendment of the Civil Aviation Regulations, 2023)]
Administration of Estates Act, 1965
