????????? [5th
July, 2012] Whereas
the draft of Aircraft (Investigation of Accidents and Incidents) Rules, 2012,
was published, as required by Section 14 of the Aircraft Act, 1934 (22 of
1934), vide notification of the Government of India in the Ministry of Civil
Aviation published in the Gazette of India, Extraordinary, Part II, Section 3,
sub-section (i), vide number G.S.R. 244(E), dated the 23rd March, 2012, for
inviting objections and suggestions from all persons likely to be affected
thereby before the expiry of the period of thirty days from the date on which
copies of the Gazette of India in which the said notification was published,
were made available to public; And
whereas copies of the said notification were made available to the public on
the 23rd March, 2012; And
whereas the objections or suggestions received in respect of the draft rules
within the period specified have been taken into consideration; Now,
therefore, in exercise of the powers conferred by Sections 4, 7 and 10 of the
said Act, the Central Government hereby makes the following rules, namely? (1)
These rules may be called the Aircraft
(Investigation of Accidents and Incidents) Rules, 2012. (2)
These rules extend to the whole of India and
applies also? (a)
to citizens of India wherever they may be; (b)
to, and to the persons on, aircraft
registered in India wherever they may be; (c)
to, and to the persons on, aircraft
registered outside India but for the time being in or over India; and (d)
to an aircraft operated by a person who is
not a citizen of India but has his principal place of business or permanent
residence in India. (3)
They shall come into force on the date of
their publication in the Official Gazette. In
these rules, unless there is any thing repugnant in the subject or context? (a)
?accident? shall mean an occurrence
associated with the operation of an aircraft which,? (i)
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; or (ii)
in the case of an unmanned aircraft, takes
place between the time the aircraft is ready to move with the purpose of flight
until such time as it comes to rest at the end of the flight and the primary
propulsion system is shut down, in which? (a)
a person is fatally or seriously injured as a
result of? (i)
being in the aircraft, or (ii)
direct contact with any part of the aircraft,
including parts which have become detached from the aircraft, or (iii)
direct exposure to jet blast, except when the
injuries are from natural causes, self-inflicted or inflicted by other persons,
or when the injuries are to stowaways hiding outside the areas normally
available to the passengers and crew; or (b)
the aircraft sustains damage or structural
failure which? (i)
adversely affects the structural strength,
performance or flight characteristics of the aircraft, and (ii)
would normally require major repair or
replacement of the affected component,except for failure of engine or damage,
when the damage is limited to a single engine (including its cowlings or
accessories), to propellers, wing tips, antennas, probes, vanes, tires, brakes,
wheels, fairings, panels, landing gear doors, windscreens, the aircraft skin
(such as small dents or puncture holes), or for minor damages to main rotor
blades, tail rotor blades, landing gear, and those resulting from hail or bird
strike (including holes in the radome); or (c)
the aircraft is missing or is completely
inaccessible. Note
1.?For the purposes of this clause, the guidance for the determination of
aircraft damage is at Schedule B. Note
2.?For the purposes of this clause, only unmanned aircraft which have design or
operational approval given by a State to be considered. (b)
?accredited representative? means a person
designated by a State, on the basis of his or her qualifications, for the
purpose of participating in an investigation conducted by another State and
where the State has established an accident investigation authority, the
designated accredited representative would normally be from that authority; (c)
?Act? means the Aircraft Act, 1934 (22 of
1934); (d)
?adviser? means a person appointed by a
State, on the basis of his or her qualifications, for the purpose of assisting
its accredited representative in an investigation; (e)
?aircraft? means any machine that can derive
support in the atmosphere from the reactions of the air other than the
reactions of the air against the surface of the earth; (f)
?Aircraft Accident Investigator? means a
person appointed by the Central Government to investigate an accident or a
serious incident or an incident either by Committee of Inquiry under Rule 11,
or Formal Investigation under Rule 12, or authorised by Bureau to conduct
preliminary investigation under sub-rule (1) of Rule 9 or sub-rule (2) of Rule
7; (g)
?Annex 13? means Annex 13 to the Convention
relating to International Civil Aviation signed at Chicago on the 7th day of
December, 1944 as amended from time to time; (h)
?Bureau? means Aircraft Accident
Investigation Bureau set up by the Central Government under Rule [2][8]; (i)
?causes? means actions, omissions, events,
conditions, or a combination thereof, which led to the accident or incident but
does not amount to assigning fault or determination of administrative, civil or
criminal liability; (j)
?Chicago Convention? means Convention
relating to International Civil Aviation signed at Chicago on the 7th day of
December, 1944 as amended from time to time; (k)
?Director-General? means Director General of
Civil Aviation; (l)
?fatal injury? means an injury which is
sustained by a person in an accident and which results in his or her death
within 30 days of the date of the accident; (m)
?Final Report? means the report made public
by the Central Government under sub-rule (2) of Rule 14. (n)
?flight recorder? means any type of recorder
installed in the aircraft for the purpose of assisting accident or incident
investigation; (o)
?ICAO? means International Civil Aviation
Organisation created under the Convention relating to International Civil
Aviation signed at Chicago on the 7th day of December, 1944; (p)
?incident? means an occurrence, other than an
accident, associated with the operation of an aircraft which affects or could
affect the safety of operation; (q)
?Inquiry Officer? means a person appointed by
the Director-General under Rule 13 to investigate a serious incident or an
incident. (r)
?investigation? means a process conducted for
the purpose of prevention of accident which includes the gathering and analysis
of information, the drawing of conclusion, including the determination of
causes, contributing factors and, when appropriate, the making of safety
recommendation; (s)
?maximum mass? means maximum certificated
take-off mass; (t)
?missing aircraft? means when the official
search has been terminated and the wreckage of the aircraft has not been
located; (u)
?operator? means a person, organization or
enterprise engaged in or offering to engage in operation of an aircraft; (v)
?preliminary report? means the communication
used for the prompt dissemination of data obtained during the early stages of
the investigation; (w)
?safety recommendation? means? (i)
a proposal of an accident investigation
authority based on information derived from an investigation, made with the
intention of preventing accidents or incidents and which in no case has the
purpose of creating a presumption of blame or liability for an accident or
incident; (ii)
recommendations resulting from diverse
sources and safety studies, (x)
?Schedule? means a Schedule to these rules; (y)
?serious incident? means an incident
involving circumstances indicating that there was a high probability of an
accident and associated with the operation of an aircraft which,? (i)
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, or (ii)
in the case of an unmanned aircraft, takes
place between the time the aircraft is ready to move with the purpose of flight
until such time as it comes to rest at the end of the flight and the primary
propulsion system is shut down; Note.?The
examples of serious incident are as specified in Schedule A. (z)
?serious injury? means an injury which is
sustained by a person in an accident and which? (i)
requires hospitalization for more than 48
hours, commencing within seven days from the date the injury was received; or (ii)
results in a fracture of any bone (except
simple fractures of fingers, toes or nose); or (iii)
involves lacerations which cause severe
haemorrhage, nerve, muscle or tendon damage; or (iv)
involves injury to any internal organ; or (v)
involves second or third degree burns, or any
burns affecting more than 5 per cent of the body surface; or (vi)
involves verified exposure to infectious
substances or injurious radiation; (za)? ?State of
Design? means the State having jurisdiction over the organization responsible
for the type design of the aircraft; (zb)? ?State of
Manufacture? means the State having jurisdiction over the organisation
responsible for the final assembly of the aircraft; (zc) ?State of
Occurrence? means the State in the territory of which an accident or incident
occurs; (zd) ?State of the
Operator? means the State in which the principal place of business of the
operator is located or, if there is no such place of business, the permanent
residence of the operator; (ze) ?State of
Registry? means the State on whose register the aircraft is entered. Explanation.?In
the case of the registration of aircraft of an international operating agency
other than on a national basis, the States constituting the agency shall
jointly and severally discharge the obligations which attach to a State of
Registry under Annex 13. (1)
The sole objective of the investigation of an
accident or incident shall be the prevention of accidents and incidents and not
to apportion blame or liability. (2)
Any investigation conducted in accordance
with the provisions of these rules shall be separate from any judicial or
administrative proceedings to apportion blame or liability. (1)
Where an accident or an incident occurs to an
aircraft covered under sub-rule (2) of Rule 1, then the pilot-in-command of the
aircraft or, if he be killed or incapacitated, the owner, the operator, the
hirer or other person on whose behalf he was in command of the aircraft, or any
relevant person, as the case may be, shall, as soon as is reasonably
practicable but in any case not latter than 24 hours after he becomes aware of
the accident or the incident? (a)
send notice thereof to the Aircraft Accident
Investigation Bureau and Director-General of Civil Aviation by the quickest
means of communication available; and (b)
in the case of an accident occurring in
India, give information to the District Magistrate and the Officer-in-charge of
the nearest Police Station of the accident and of the place where it occurred. (2)
The notification shall be in plain language
and contain as much of the following information as is readily available,
namely? (a)
for accidents the identifying abbreviation
ACCID, for incidents INCID; (b)
manufacturer, model, nationality and
registration marks, and serial number of the aircraft; (c)
name of owner, operator and hirer, if any, of
the aircraft; (d)
qualification of the pilot-in-command, and
nationality of crew and passengers; (e)
date and time of the accident or incident; (f)
last point of departure and point of intended
landing of the aircraft; (g)
position of the aircraft with reference to
some easily defined geographical point and latitude and longitude; (h)
number of crew and passengers; aboard, killed
and seriously injured; others, killed and seriously injured; (i)
description of the accident or incident and
the extent of damage to the aircraft so far as is known; (j)
physical characteristics of the accident or
incident area, as well as an indication of access difficulties or special
requirements to reach the site; and (k)
presence and description of dangerous goods
on board the aircraft, but notification shall not be delayed due to the lack of
complete information. (3)
If the details or, other known relevant
information referred in sub-rule (2) are omitted, such information shall also
be dispatched as soon as it is possible. (4)
The notification as required in sub-rule (2)
shall also be submitted to the Bureau by the concerned? (a)
aerodrome operator; (b)
officer-in-charge of air traffic control unit
and the watch supervisory officer of air traffic control, and (c)
regional or the sub-regional officers of the
Directorate General of Civil Aviation. (5)
The Bureau under the intimation to the
Central Government shall notify the facts of the accident or serious incident
in the Indian territory or in the assigned oceanic air space beyond the
territory of India, containing as much of the information referred to in
sub-rule (2) as may be available with a minimum of delay and by the most
suitable and quickest means available, to? (a)
the State of Registry; (b)
the State of Operator; (c)
the State of Design; (d)
the State of Manufacture; and (e)
ICAO when the aircraft involved is of a
maximum mass of over 2250 kg or is a turbojet-powered aeroplane. (6)
The Bureau while notifying information in
accordance with sub-rule (5) shall also add the following information, namely? (a)
an indication to what extent the
investigation will be conducted by the Central Government or is proposed to be
delegated by the Central Government to another State; and (b)
identification of the originating authority
and means to contact the investigator-in-charge and the accident investigation
authority of India at any time. (7)
If the State of Occurrence is not aware of a
serious incident to an Indian registered aircraft or an aircraft operated by
Indian operator, the Bureau shall forward a notification of such an incident to
the State of Design, the State of Manufacturer and the State of Occurrence. (1)
In case of accident or an incident to an
aircraft in the territory of India notwithstanding its registration? (a)
the Central Government shall institute an
investigation into the circumstances of the accident and shall be responsible
for conducting the investigation; (b)
the Central Government shall institute an
investigation into the circumstances of the serious incident when the aircraft
involved is of a maximum mass of over 2250 kg or is a turbo-jet airplane; (c)
the Director-General shall institute an
investigation into the circumstances of all incidents and serious incidents to
aircraft not covered by clause (b). (2)
Notwithstanding anything contained in clause
(c) of sub-rule (1), where it appears to the Central Government that it is
expedient to hold an investigation into circumstances of any incident or a
serious incident covered by clause (c) of sub-rule (1), it may, by order,
institute an investigation into circumstances of an incident or a serious
incident to any aircraft. (3)
Classification by the Central Government of
an occurrence as accident or serious incident or incident shall be final and
binding. (4)
In case an accident or a serious incident to
an Indian registered aircraft occurs at a location not being a territory of any
State then the Central Government shall institute an investigation into the
circumstances of the accident or serious incident and shall be responsible for
conducting the investigation. (5)
In case India is the nearest State to the
scene of an accident in international waters to an aircraft not registered in
India or not operated by an Indian operator, then the Central Government shall
advise the State of Registry to institute an investigation and the Central
Government in such a case shall provide assistance to the extent it is able to
and shall, likewise, respond to requests by the State of Registry. (1)
In case the Central Government has instituted
an investigation of an accident or a serious incident in accordance with Rule
5, then accredited representatives, who are appointed by the following States,
namely? (a)
the State of Registry; (b)
the State of the Operator; (c)
the State of Design; and (d)
the State of Manufacture; shall
be permitted to participate in the investigation (2)
The States referred to in sub-rule (1) shall
also be entitled to appoint one or more advisers to assist their accredited
representatives. (3)
The States referred to in sub-rule (1) shall
have the rights and entitlements in accordance with the standards stipulated
under Annex 13. (4)
A State which has a special interest in an
accident by virtue of fatalities or serious injuries to its citizens shall be entitled
to appoint an expert who shall have rights and entitlements in accordance with
standards stipulated under Annex 13. (5)
The Central Government, on receipt of a
notification of an accident or a serious incident to an Indian registered
aircraft in the territory of another State, may appoint accredited
representative and advisors to participate in the investigation and intimate it
to the State of Occurrence. (1)
In the case of an accident or a serious
incident, which is required to be notified under Rule 4, the aircraft shall
not, except by a person under the authority of the Bureau, be removed or
otherwise interfered with: Provided
that? (a)
the aircraft or any parts or contents thereof
may be removed or interfered with so far as may be necessary by persons
authorised to conduct search and rescue operations for the purpose of
extricating persons or animals dead or alive, or preventing the destruction of
the aircraft and its contents by fire or other cause or of preventing any
damage or obstruction to the public or to air navigation or to other transport; (b)
if the aircraft is wrecked on water, the
aircraft or any parts or contents thereof may be removed to such extent as may
be necessary for bringing it or them to a place of safety by persons authorised
to conduct search and rescue operations; (c)
goods may be removed from the aircraft under
the supervision and with the concurrence of an officer of the Bureau or a
person authorised by the Bureau; (d)
personal luggage of passengers' and crews'
may be removed from the aircraft under the supervision of a Police Officer, a
Magistrate, an Officer of the Bureau or a person authorised by the Bureau; and (e)
mails may be removed under the supervision of
a Police Officer, a Magistrate, an Officer of the Department of Posts and
Telegraphs or an Officer of the Bureau or a person authorised by the Bureau. (2)
The Bureau may, for the purposes of any
investigation including preliminary investigation under these rules, authorise
any person or persons to take measures? (a)
to protect the evidence and shall include the
preservation, by photographic or other means, of any evidence which might be
removed, effaced, lost or destroyed; (b)
to maintain safe custody of the aircraft and
its contents and shall include protection against further damage, access by
unauthorized persons, pilfering and deterioration; and (c)
for preservation of the aircraft for such a
period as may be necessary for the purposes of an investigation. (3)
The person or persons authorised by the
Bureau under sub-rule (2) may thereupon have access to examine or otherwise
deal with the aircraft. (4)
The owner of the aircraft or his nominated
representative shall have the right to be present during any examination or
other action taken under sub-rules (1) and (2): Provided
that the Bureau shall not be bound to postpone any action which it may consider
necessary under this rule by reason of the absence of the owner or his
representative. (5)
If a request is received from the State of
Registry, the State of the Operator, the State of Design or the State of
Manufacture that the aircraft, its contents, and any other evidence remain
undisturbed pending inspection by an accredited representative of the
requesting State, the Bureau shall take all necessary steps to comply with such
request, so far as this is reasonably practicable and compatible with the
proper conduct of the investigation subject to the provisions of sub-rule (1). (6)
Subject to the provisions of sub-rules (1), (2)
and (3), the Bureau shall release custody of the aircraft, its contents or any
parts thereof as soon as they are no longer required for investigation, to any
person or persons duly designated by the State of Registry or the State of the
Operator, as the case may be. (7)
For the purpose of sub-rule (6), the Central
Government shall facilitate access to the aircraft, its contents or any parts
thereof: Provided
that, if the aircraft, its contents, or any parts thereof lie in an area within
which the Central Government finds it impracticable to grant such access, it
shall itself effect removal to a point where access can be given. (1)
For the purposes of carrying out
investigation into accidents, serious incidents and incidents referred to in
sub-rules (1), (2) and (4) of Rule 5, the Central Government shall set up a
Bureau in the Ministry of Civil Aviation known as the Aircraft Accident
Investigation Bureau of India and appoint such number of officers familiar with
aircraft accident investigation procedures and other persons, as it deems fit
from time to time. (2)
The Aircraft Accident Investigation Bureau
shall function under overall supervision and control of Government of India,
Ministry of Civil Aviation. (3)
The Aircraft Accident Investigation Bureau
shall discharge the following functions, namely? (a)
obtaining preliminary report under Rule 9
from any person or persons authorised either under sub-rule (1) of Rule 9 or
under sub-rule (2) of Rule 7; (b)
assisting the Central Government in setting
up of Committee of Inquiry and formal investigation under these rules; (c)
to facilitate the investigation and
administrative work of the Committees and courts, whenever necessary; (d)
processing of the reports of Courts and
Committees of Inquiry received by the Central Government, which includes? (i)
forwarding of the reports to the States for
consultation under sub-rule (1) of Rule 14; (ii)
forwarding the report made public by the
Central Government under sub-rule (2) of Rule 14 to the States as required
under Annex 13; (iii)
forwarding the report made public by the
Central Government under sub-rule (2) of Rule 14 to ICAO if the mass of the
aircraft involved in accident or incident is more than 5700 kg. (e)
follow-up the recommendations made by Courts
and Committees of Inquiry and to ensure that are implemented by the concerned
agencies; (f)
to process cases for a resolution by the
Central Government of disputes between the Bureau and any agency regarding
implementation of a recommendation; (g)
to formulate safety recommendation on the
basis of safety studies, including induction of new technology to enhance
safety, conducted from time to time; (h)
establish and maintain an accident and
incident database to facilitate the effective analysis of information on actual
or potential safety deficiencies obtained, including that from its incident
reporting systems, and to determine any preventive actions required; (i)
to process obligations of the Central
Government under Annex 13 to the Convention relating to International Civil
Aviation signed at Chicago on the 7th day of December, 1944 as amended from
time to time; and (j)
any other functions, which the Central
Government may ask the Bureau to perform from time to time under these rules. (4)
The Aircraft Accident Investigation Bureau
may, by notification in the Official Gazette, and with the previous approval of
the Central Government, make procedures, not inconsistent with the provisions
of the Act to carry out the purposes of these rules and the functions referred
to in sub-rule (3). (5)
In particular, and without prejudice to the
generality of the foregoing power, such procedures may provide for all or any
of the following matters, namely? (a)
the persons required to notify the accidents
and incidents; (b)
the notifications of accidents and serious
incidents to International Civil Aviation Organisation and the States for
participation in the investigation; (c)
the investigation of aircraft accident and
incidents; (d)
the format of preliminary and reports of
Committee of Inquiry and Formal Investigation conducted under these rules; (e)
the consolidation and follow-up of safety
recommendations made by the Committee of Inquiry and Formal Investigation with
the agencies required to implement the recommendations and require action taken
reports from these agencies; and (f)
any other matter subsidiary or incidental to
aircraft accident and incident investigation. (1)
The Bureau may authorise any person including
an officer of the Bureau to conduct a preliminary investigation to an accident
or incident and to submit a preliminary report to the Bureau in a specified
format to assess the classification of the occurrence and the expertise needed
for detailed investigation under Rules 11 or 12, if considered expedient by the
Central Government. (2)
The person authorised to conduct the
preliminary investigation shall? (a)
have powers under Rule 10 of Aircraft
Accident Investigator; and (b)
have access examine or otherwise deal with
the aircraft as provided under sub-rule (3) of Rule 7. (1)
For the purposes of investigation of
accidents and incidents an Aircraft Accident Investigator shall have power? (a)
to require the attendance of any person, by
summons under his hand, whom he thinks fit to call before him and examine for
such purpose and to require answers or returns to any inquiries he thinks fit
to make; (b)
to require any such person to make and to
sign a declaration regarding the true nature of the statements made by him; (c)
to require and enforce the production of all
books, paper, documents and articles which he may consider necessary for the
investigation, and to retain any such books, papers documents and articles
until completion of the investigation; (d)
to have access to and examine any aircraft
and its components involved in the accident or incident, the place where the
accident or incident occurred or any other place, the entry upon and
examination of which appears to the Investigator necessary for the purpose of
the investigation. (1)
The Central Government may, at its
discretion, appoint a Committee of Inquiry composed of two or more persons to
hold an inquiry into an aircraft accident or a serious incident and such a
Committee shall have the same powers as an Aircraft Accident Investigator under
Rule 10. (2)
The inquiry shall be held in private. (3)
The Central Government may notify in such
manner as it may think fit that an inquiry is being held and every such notice
shall state that any person who may desire to make representations concerning
the circumstances or causes of the accident may do so in writing within the
time specified in the notice. (4)
When a person other than an officer of
Government is appointed as a member of the Committee of Inquiry he may be
granted such fee and expenses as may be determined by the Central Government. (5)
Every person summoned by the Committee of
Inquiry as a witness in accordance with these rules shall be allowed such
expenses as the Central Government may from time to time determine. (6)
The Committee of Inquiry shall make a report
to the Central Government in the format specified by the Bureau based on
relevant standards of Annex 13. Where
it appears to the Central Government that it is expedient to hold a formal
investigation of an accident, it may, whether or not an inquiry has been made
under Rule 11, by order, direct a formal investigation to be held and with
respect to any such formal investigation the following provisions shall apply,
namely? (1)
The Central Government shall appoint a
competent person (hereinafter referred to as ?the court?), to hold the
investigation, and may appoint one or more persons possessing legal,
aeronautical, engineering or other special knowledge to act as assessors. It
may also direct that the court and the assessors shall receive such
remuneration as it may determine. (2)
On the appointment of the court, all other
investigations ordered under these rules shall be treated as closed and all relevant
material on the subject shall be transferred to the court. (3)
The court shall hold the investigation in
open court in such manner and under such conditions as the court may think fit
for ascertaining the causes and circumstances of the accident and for enabling
it to make the report hereinafter mentioned: Provided
that where the court is of opinion that holding the investigation is likely? (a)
to be prejudicial to the interests of any
country; or (b)
to jeopardise the personal safety of a person
who is willing to make any statement or give evidence, the court may, hold in
camera, the whole or part of the investigation. (4)
The court shall have, for the purpose of the
investigation, all the powers of a Civil Court under the Code of Civil
Procedure, 1908 (5 of 1908) and without prejudice to these powers the Court
may? (a)
enter and inspect, or authorise any person to
enter and inspect, any place or building, the entry or inspection whereof
appears to the court requisite for the purposes of the investigation; and (b)
enforce the attendance of witnesses and
compel the production of documents and material objects; and every person
required by the court to furnish any information shall be deemed to be legally
bound to do so within the meaning of Section 176 of the Indian Penal Code (45
of 1860). (5)
The assessors shall have the same powers of
entry and inspection as the court. (6)
Every person attending as a witness before
the court shall be allowed such expenses as the Court may consider reasonable: Provided
that, in the case of the owner or hirer of any aircraft concerned in the
accident and of any person in his employment or of any other person concerned
in the accident, any such expenses may be disallowed if the court, in its
discretion, so directs. (7)
The court shall make a report to the Central
Government in the format specified by the Bureau based on relevant standards of
Annex 13. (8)
The assessors shall either sign the report,
with or without reservations, or state in writing their dissent therefrom and
their reasons for such dissent, and such reservations or dissent and reasons,
if any, shall be forwarded to the Central Government with the report. (1)
The Director General may order an
investigation of any incident or a serious incident involving an aircraft
covered under clause (c) of sub-rule (1) of Rule 5, and may appoint a competent
and qualified person as Inquiry Officer for the purpose of carrying out the
investigation. (2)
In case the Central Government decides to
investigate the incident or serious incident under sub-rule (2) of Rule 5, the
investigation ordered by Director General under sub-rule (1) shall be closed
and all relevant material shall be transferred to the Court or the Committee
appointed by the Central Government for its investigation. (3)
The investigation referred to in sub-rule (1)
be held in private. (4)
The Inquiry Officer shall have the same
powers as an Aircraft Accident Investigator under Rule 10. (5)
The Inquiry Officer shall make a report to
the Director-General in the format specified by the Bureau based on relevant
standards of Annex 13. (6)
The Director-General shall forward the report
of the Inquiry Officer to the Central Government with such comments as the
Director-General may think fit to make and the Central Government may, at its
discretion, make the whole or part of any such report public in such a manner
as it may consider fit. (1)
The Bureau shall forward a copy each of the
report received from either the Court under sub-rule (7) of Rule 12 or
Committee of Inquiry under sub-rule (6) of Rule 11 to? (a)
the State of registry; (b)
the State of operator; (c)
the State of design; (d)
the State of manufacturer; and (e)
the State that participated in the
investigation in accordance with sub-rule (4) of Rule 6, inviting their
significant and substantiated comments on the report within sixty days of its
issuance. (2)
The Central Government may either amend the
report by inclusion of the substance of the comments received within sixty days
of the issuance of the report or by appending the comments thereto if so
desired by the State and may cause any such Final Report and reservation or
dissent and reasons, if any, to be made public, wholly or in part, in such
manner as it thinks fit. (3)
The Final Report made public by the Central
Government shall be forwarded the States entitled to receive such report under
Annex 13. The report shall also be forwarded to ICAO, if the mass of the
aircraft involved in the accident or incident is more than 5700 kg. Where
it appears to the Central Government that any new and material evidence has
become available after completion of the investigation under Rule 11 or Rule
12, as the case may be, it may, by order, direct the reopening of the same. (1)
No person shall obstruct or impede the Court,
Assessors or members of the Committee of Inquiry or any other person acting in
the exercise of any powers or duties under these rules. (2)
No person shall without reasonable excuse
fail to comply with any summons or requisition of a Court or a Committee of
Inquiry or an Aircraft Accident Investigator or any other person holding an
investigation or an inquiry under these rules. Explanation.?For
the purposes of this rule, when a question arises as to whether a person has a
reasonable excuse, the burden of proving that he has a reasonable excuse is
upon him. (3)
Any person, who obstructs or impedes the
proceedings, shall be punishable in accordance with the provisions of sub-section
(2) of Section 10 of the Act. (1)
The following records shall not be disclosed
for purposes other than the investigation of the accident except when the
Central Government determines that their disclosure outweighs the adverse
domestic and international impact such action may have on that investigation or
any future investigations: (a)
all statements taken from persons by the
investigation authorities in the course of their investigation; (b)
all communications between persons having
been involved in the operation of the aircraft; (c)
medical or private information regarding
persons involved in the accident or incident; (d)
cockpit voice recordings and transcripts from
such recordings; (e)
recordings and transcriptions of recordings from
air traffic control units; (f)
cockpit airborne image recordings and any
part or transcripts from such recordings; and (g)
opinion expressed in the analysis of
information, including flight recorder information. (2)
A record referred to in sub-rule (1) shall be
included in a Final Report or its appendices, or in any other report only when
it is relevant to the analysis of the accident or incident and parts of the
records not relevant to the analysis shall not be included in the Final Report. (3)
The Final Report shall not disclose the names
of the persons involved in the accident or incident. (1)
The Aircraft Accident Investigation Bureau
shall establish a mandatory incident reporting system to facilitate collection
of information on actual or potential safety deficiencies. (2)
The mandatory incident reporting system shall
require the relevant persons, service providers and stakeholders to notify all
accidents and incidents by most suitable and quickest means to the Bureau and
the Director-General but in any case not later than 24 hours. (3)
The Director-General shall immediately notify
the Bureau about the accidents and incidents containing information as
specified in sub-rule (2) of Rule 4. (4)
The relevant persons, service providers and
stakeholders specified in sub-rule (2) shall include? (a)
the operator and the commander of an aircraft
which has a certificate of airworthiness issued by the Directorate General of
Civil Aviation; (b)
the operator and the commander of a foreign aircraft
operating to, from or through India; (c)
a person who carries on the business of
maintaining or modifying an aircraft, which has a certificate of airworthiness
issued by the Directorate General of Civil Aviation, and a person who carries
on the business of maintaining or modifying any equipment or part of such an
aircraft; (d)
a person who carries on the business of
manufacturing an aircraft or any equipment or part of such an aircraft, in
India; (e)
a person who signs a certificate of release
to service for an aircraft, which has a certificate of airworthiness issued by
the Directorate General of Civil Aviation, and a person who signs a certificate
of release to service for any equipment or part of such an aircraft; (f)
a licensee or manager of a licensed aerodrome
or a manager of an airport; (g)
a person who performs a function as an air
traffic controller; (h)
the organisation which provides Air
Navigation Services; (i)
a person who performs a function concerning
the installation, modification, maintenance, repair, overhaul, flight-checking
or inspection of air navigation facilities which are utilized by a person who
provides an air traffic control service; and (j)
a person who performs a function concerning
the ground-handling of aircraft, including fuelling, servicing, load-sheet
preparation, loading, deicing and towing at an airport. (1)
The Aircraft Accident Investigation Bureau
shall establish a voluntary incident reporting system to facilitate collection
of information on actual or potential safety deficiencies that may not be
captured by the mandatory incident reporting system established under Rule 18. (2)
The voluntary incident reporting system
established under sub-rule (1) shall be non-punitive and afford protection to the
sources of the information and if considered expedient by the Central
Government, the information may be collected through any other agency. (1)
The Aircraft Accident Investigation Bureau
shall establish and maintain an accident and incident database to facilitate
the effective analysis of information on actual or potential safety
deficiencies obtained and shall from its incident reporting system determine
any preventive actions if required. Nothing
in these rules shall limit or otherwise affect the power of the Central
Government with regard to the cancellation, suspension or endorsement of any
licences or certificate issued under the Aircraft Rules, 1937. Any
person who contravenes, or fails to comply with any of these rules, or
the [3][regulations made under
sub-rules (4) and (5) of Rule 8, or sub-rules (1) and (2) of Rule 16] shall be
punishable in accordance with the provisions of the sub-section (2) of Section
10 of the Act. SCHEDULE A [See Rule 2(y)] SERIOUS INCIDENTS 1.
Serious incident means an incident involving
circumstances indicating that there was a high probability of an accident and
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, or in
the case of an unmanned aircraft, takes place between the time the aircraft is
ready to move with the purpose of flight until such time as it comes to rest at
the end of the flight and the primary propulsion system is shut down. 2.
The incidents listed are typical examples of
incidents that are likely to be serious incidents. The list is not exhaustive
and only serves as guidance to the definition of serious incident. (a)
Near collisions requiring an avoidance
manoeuvre to avoid a collision or an unsafe situation or when an avoidance
action would have been appropriate. (b)
Controlled flight into terrain only
marginally avoided. (c)
Aborted take-offs on a closed or engaged
runway, on a taxiway (Excluding authorized operations by helicopters) or
unassigned runway. (d)
Take-offs from a closed or engaged runway,
from a taxiway (Excluding authorized operations by helicopters) or unassigned
runway. (e)
Landings or attempted landings on a closed or
engaged runway, on a taxiway or unassigned runway. (f)
Gross failure to achieve predicted
performance during take-off or initial climb. (g)
Fires and smoke in the passenger compartment,
in cargo compartments or engine fires, even though such fires were extinguished
by the use of extinguishing agents. (h)
Events requiring the emergency use of oxygen
by the flight crew. (i)
Aircraft structural failures or engine
disintegrations, including uncontained turbine engine failures, not classified
as an accident. (j)
Multiple malfunctions of one or more aircraft
systems seriously affecting the operation of the aircraft. (k)
Flight crew incapacitation in flight. (l)
Fuel quantity requiring the declaration of an
emergency by the pilot. (m)
Runway incursions classified with severity A.
The manual on the Prevention of Runway Incursions (Doc 9870) contains information
on the severity classifications. (n)
Take-off or landing incidents. Incidents such
as under shooting, overrunning or running off the side of runways. (o)
System failures, weather phenomena,
operations outside the approved flight envelope or other occurrences which
could have caused difficulties controlling the aircraft. (p)
Failures of more than one system in a
redundancy system mandatory for flight guidance and navigation. SCHEDULE B [See Rule 2(a)] GUIDANCE FOR DETERMINATION OF AIRCRAFT DAMAGE 1.
If an engine separates from an aircraft, the
event is categorized as an accident even if damage is confined to the engine. 2.
A loss of engine cowls (fan or core) or
reverser components which does not result in further damage to the aircraft is
not considered an accident. 3.
Occurrences where compressor or turbine
blades or other engine internal components are ejected through the engine tail
pipe are not considered an accident. 4.
A collapsed or missing radome is not
considered an accident unless there is related substantial damage in other
structures or systems. 5.
Missing flap, slat and other lift augmenting
devices, winglets, etc., that are permitted for dispatch under the
configuration deviation list (CDL) are not considered to be an accident. 6.
Retraction of a landing gear leg, or
wheels-up landing, resulting in skin abrasion only. If the aircraft can be
safely dispatched after minor repairs, or patching, and subsequently undergoes
more extensive work to effect a permanent repair, then the occurrence would not
be classified as an accident. 7.
If the structural damage is such that the
aircraft depressurizes, or cannot be pressurized, the occurrence is categorized
as an accident. 8.
The removal of components for inspection
following an occurrence, such as the precautionary removal of an undercarriage
leg following a low-speed runway excursion, while involving considerable work,
is not considered an accident unless significant damage is found. 9.
Occurrences that involve an emergency
evacuation are not counted as an accident unless someone receives serious
injuries or the aircraft has otherwise sustained significant damage. Note
1.? Regarding aircraft damage which adversely affects the structural strength,
performance or flight characteristics, the aircraft may have landed safely, but
cannot be safely dispatched on a further sector without repair. Note
2.? If the aircraft can be safely dispatched after minor repairs and
subsequently undergoes more extensive work to effect a permanent repair, then
the occurrence would not be classified as an accident. Likewise, if the
aircraft can be dispatched under the CDL with the affected component removed,
missing or inoperative, the repair would not be considered as a major repair
and consequently the occurrence would not be considered an accident. Note
3.? The cost of repairs, or estimated loss, such as provided by insurance
companies may provide an indication of the damage sustained but should not be
used as the sole guide as to whether the damage is sufficient to count the
occurrence as an accident. Likewise, an aircraft may be considered a ?hull
loss? because it is uneconomic to repair, without it having incurred sufficient
damage to be classified as an accident. [1] Ministry of Civil Aviation, Noti. No.
G.S.R. 536(E), dated July 5, 2012, published in the Gazette of India, Extra.,
Part II, Section 3(i), dated 5th July, 2012, pp. 26-43, No. 329 [2] Subs. for ?9? by G.S.R. 788(E),
dt. 22-10-2012 (w.e.f. 23-10-2012). [3] Subs. for the words ?regulations
made under sub-rules (4) and (5) of Rule 9 or sub-rules (1) and (2) of Rule 15?
by G.S.R. 788(E), dt. 22-10-2012 (w.e.f. 23-10-2012).Aircraft (Investigation of Accidents
and Incidents) Rules, 2012[1]