Aircraft Accident and Incident Investigation
This domain tests Annex 13 and Article 26 of the Chicago Convention: what counts as an accident, who investigates, which States are entitled to participate, and how the report is produced. Scenario questions about multi-State accidents are common.
Definitions
An accident is 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 with the intention of flight until all such persons have disembarked, and in which a person is fatally or seriously injured, or the aircraft sustains damage or structural failure adversely affecting performance or flight characteristics, or the aircraft is missing or completely inaccessible. A serious incident is an occurrence whose circumstances indicate a high probability of an accident. An incident is an occurrence, other than an accident, associated with the operation of an aircraft which affects or could affect the safety of operation.
Serious injury
An injury qualifies as serious if it requires hospitalisation for more than 48 hours commencing within seven days, involves a fracture of any bone other than simple fractures of fingers, toes or nose, involves lacerations causing severe haemorrhage or nerve, muscle or tendon damage, involves injury to an internal organ, involves second or third degree burns or burns affecting more than 5 per cent of the body surface, or involves verified exposure to infectious substances or injurious radiation.
Participation
The State of Occurrence institutes the investigation and normally conducts it. The State of Registry, the State of the Operator, the State of Design and the State of Manufacture are entitled to appoint accredited representatives; a State whose nationals suffered fatalities may also appoint an expert. The sole objective is the prevention of accidents and incidents, not the apportionment of blame or liability.
Reporting
The preliminary report is due within 30 days; the final report as soon as possible and, if feasible, within 12 months of the occurrence date. In Europe, Regulation (EU) No 996/2010 governs investigation and prevention, and Regulation (EU) No 376/2014 governs occurrence reporting and just culture.
Worked example
An aircraft registered in State A, operated by a company in State B, designed and built in State C, crashes in State D, killing two nationals of State E. State D investigates. States A, B and C may each appoint an accredited representative; State E may appoint an expert because its nationals died. All receive the draft final report for comment.
Traps
The investigation is for prevention, not blame. Thirty days is the preliminary report, twelve months the final report. A 'serious incident' is not an accident. Article 26 of the Convention provides the treaty basis; Annex 13 provides the detail.