Notification, investigation and enforcement
Notification
Part 12 implements Annex 13. An accident - death or serious injury, substantial damage, or aircraft missing - must be notified to the TAIC and the CAA immediately. Serious incidents and incidents must be notified as soon as practicable. The pilot in command, operator and owner all have duties. The wreckage must be preserved and not moved except to rescue people, prevent fire or protect the public.
Investigation
The Transport Accident Investigation Commission (TAIC), under the Transport Accident Investigation Commission Act 1990, is independent and investigates to determine circumstances and improve safety, not to apportion blame. The CAA investigates separately for safety and enforcement. TAIC may hold inquiries, summon witnesses and make recommendations; its findings are not a determination of liability.
CAA powers and offences
The Director may inspect, test and detain an aircraft, and suspend or revoke certificates. Offences under the Act and rules include operating without a certificate, breaching a rule, and failing to notify. Penalties include fines, infringement notices and, for serious offences, imprisonment. Enforcement is separate from the TAIC process.
Worked example
A landing gear collapse causes substantial damage and a serious injury. The pilot notifies the TAIC and CAA immediately, preserves the scene and records, and does not move the aircraft until permitted. The operator preserves maintenance records and, if required, the CVR, and does not release it to the media. Later the CAA may take enforcement action while TAIC reports on causes.
Traps
Thinking serious injury means only hospitalisation; moving wreckage for convenience; assuming TAIC decides culpability; delaying notification until a report is written.