ACCIDENTS AND INCIDENTS
An accident in relation to an aircraft is an occurrence associated with the operation
of the aircraft, which takes place between the time any person boards the aircraft
with the intention of flight until such time as all such persons have disembarked,
- A person is fatally or seriously injured as a result of being in the aircraft, or
of being in direct contact with any part of the aircraft, including parts which
have become detached from the aircraft, or of direct exposure to jet blast; except
when the injuries are from natural causes, or are self inflicted, by other persons,
or when the injuries are to persons secreting themselves outside the areas normally
available to the passengers and crew
- The aircraft sustains damage or structural failure which adversely affects the structural
strength, the performance, or the flight characteristics of the aircraft, and which
would normally require major repair or replacement of the affected component; except
when the damage is limited to the engine, its cowlings or accessories, or when the
damage is limited to propellers, wing tips, antennas, tires, brakes, bearings, small
dents or puncture holes in the aircraft skin or the aircraft is missing or is completely
An incident in relation to an aircraft is an occurrence other than an accident associated
with the operation of an aircraft, which affects or could affect the safety of operation
and shall include such occurrences as the Director General CAA may specify in Air
Navigation Orders or by other means.
Filling Online Form 1
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RULES FOR INVESTIGATION OF ACCIDENTS
The Federal Government of Pakistan may, by notification in the official Gazette,
make rules providing for the investigation of any accident arising out of or in
the course of the navigation, in or over Pakistan of any aircraft, or anywhere of
aircraft registered/Operated in Pakistan.
In particular and without prejudice to the generality of the foregoing power, such
- Require notice to be given of any accident in such manner and by such person as
may be prescribed
- Apply for the purposes of such investigation, either with or without modification,
the provisions of any law for the time being in force relating to the investigation
- Prohibit, pending investigation, access to, or interference with an aircraft to
which an accident has occurred and authorise any person, so far as may be necessary
for the purposes of investigation to have access to examine remove take measures
for the preservation of, or otherwise deal with any such aircraft
- Authorise or require the cancellation, suspension, endorsement or surrender of any
licence or certificate granted or recognised under this Ordinance or the rules,
if it appears on investigation that the licence ought to be so dealt with, and provide
for the production of any such licence for such purpose
NOTIFICATION OF ACCIDENTS AND INCIDENTS
In the event that an accident occurs to an aircraft registered in Pakistan or in
Pakistan to an aircraft registered in another State, the pilot in command, the operator,
the owner, and the hirer (if any) shall each be responsible for ensuring that a
notification of the accident is furnished to the Director General CAA by the quickest
available means immediately after the accident, and by a written report to the Director
General CAA as soon as practicable.
The written report referred to in this rule shall contain the following particulars,
except that if they are not all immediately available the report shall so state,
and a supplementary report containing those particulars not included in the first
report shall be furnished to the Director General CAA at the earliest possible date
- The type, model, nationality and registration marks of the aircraft
- The name of the owner, operator, and hirer if any, of the aircraft
- The name of the pilot in command of the aircraft
- The date and time of the accident
- The last point of departure and the point of intended landing of the aircraft and
the nature of the flight
- The position of the aircraft with reference to some easily defined geographical
- The number of persons aboard the aircraft, the number killed or seriously injured
and the number of others killed or seriously injured
- The nature of the accident as far as is known
- The nature and extent of the damage to the aircraft and/or to other property
- The physical characteristics of the accident area
In the event of the occurrence of an incident involving an aircraft registered in
Pakistan, the pilot in command, the owner, the operator, and the hirer (if any)
shall each be responsible for ensuring that a written notification of the incident
is furnished to the Director General within forty eight hours of the occurrence.
The written report referred to in this rule shall contain such particulars as the
Director General may specify in Air Navigation orders or by other means.
CUSTODY, PROTECTION AND REMOVAL OF AIRCRAFT
Where an accident occurs in Pakistan territory to an aircraft registered in Pakistan
or in another contracting State, the aircraft shall be deemed to be in the custody
of the Director General CAA and it shall not be removed or otherwise interfered
with except with the permission of the Director General CAA or an Investigator appointed
by the Director General CAA or the Chairman of a Board of Accident Inquiry.
Nothing shall prevent any action necessary for
- The extrication of persons, animals and mails from the wreckage of an aircraft
- The protection of the wreckage from destruction by fire or other cause
- The prevention of danger, or removal of obstruction, to air navigation or other
transport or to the public
- The removal of the aircraft and its contents to a place of safety when the aircraft
is wrecked on water
- The removal of goods or baggage under the supervision of a constable, but in the
case of an aircraft which has come from outside Pakistan territory, the goods or
baggage shall not be removed from the vicinity of the aircraft except on a clearance
by or with the consent of an officer of customs
The Director General CAA may authorise any person, so far as is necessary for the
purpose of any investigation or inquiry under this Part
- To take measures for the preservation of the aircraft
- To have access to examine, remove or otherwise deal with the aircraft
- To make records by photographic or other adequate means of any material evidence
which can be removed effected, lost or destroyed
When the retention of an aircraft, any parts or the contents thereof is no longer
necessary for the purpose of an investigation or an inquiry under this Part, the
Director General CAA shall release custody of the aircraft, parts or contents, as
the case may be, to the owner of the aircraft, or, in the case of an aircraft other
than a registered aircraft to the person or persons duly designated by the State
INVESTIGATION OF ACCIDENTS AND INCIDENTS
APPOINTMENT AND POWERS OF AN INVESTIGATOR
For the purposes of an investigation into any accident or incident occurring in
Pakistan territory, the Director General CAA shall appoint one or more investigators,
except that in the case of an accident involving serious injury or death, he shall
obtain the approval of the Federal Government of Pakistan for such appointments.
A person or persons appointed for the purpose of investigation, be authorised
- To summon any person as a witness
- To take evidence on oath, or affirmation
- To require the production of documents, or any part or component of an aircraft
this may be relevant to the investigation
- To require that autopsy examinations be carried out on any fatalities that may have
occurred as the result of an accident, and to require that the findings of such
examinations be made available
Where an investigator has required the production of a document or a part or component
of an aircraft, he may retain the document, or part or component of aircraft, as
the case may be for such period as may be necessary for the purpose of the investigation
and may make copies of, or take extracts from any documents so produced or retained.
A summons given shall be in writing under the hand of the investigator and shall
specify the time and the place for the taking of evidence, or for the documents,
or the parts or components of aircraft to be produced. A summons given shall be
deemed to be served if
- It is given personally to the person to be served
- It is sent by registered post, addressed to the person to be served, at his last
known place of abode or business or It is left at the aforementioned last known
place of abode or business with some person apparently an inmate thereof and apparently
not less than eighteen years of age
RIGHTS OF IMPLICATED PERSONS
If it appears to the investigator that the investigation may result in a charge
of an offence against any person or in the suspension or cancellation of any licence
or certificate or of a rating or other endorsement endorsed in a licence or certificate,
the investigator shall give that person, or the holder of that licence or certificate,
an opportunity of making any statement or giving any evidence and calling witnesses
on his behalf.
CONDUCT OF WITNESSES
A person summoned as a witness at an investigation who disobeys the summons, refuses
to be sworn or to make an affirmation as a witness or fails to answer any question
which he is lawfully required by the investigator to answer, shall be guilty of
an offence and shall be punishable with a fine not exceeding five thousand rupees
for each offence.
A person required to produce a document, or a part or component of an aircraft,
who refuses or fails to produce the documents, or part or component of an aircraft,
shall be guilty of an offence and shall be punishable by a fine not exceeding five
thousand rupees for each offence.
If a witness summoned refuses to answer a question from the investigator on the
grounds that the answer might incriminate the witness, or make him liable to any
penalty, the investigator shall inform that witness that he is obliged to answer
the question but that the answer given shall not be admissible in evidence in any
proceedings subsequently taken against the witness other than proceedings in respect
of the falsity of the answer or in respect of his refusal or failure to answer the
A person summoned shall be paid such fees and travelling expenses as may be determined
by the Director General CAA.
A person shall not
- Wilfully insult, or disturb the investigator, or hinder the investigation
- By writing or speech, use words which are false, or which are defamatory to the
Investigation or to the investigator
ACCIDENTS OR INCIDENTS OUTSIDE PAKISTAN
Where an accident occurs to a registered aircraft outside Pakistan territory and
in the territory of a Contracting State, the Director General CAA with the approval
of the Federal Government of Pakistan may appoint an accredited representative,
or investigator, to participate in such investigation or inquiry as is conducted
by the Contracting State.
Where an accident occurs to a registered aircraft outside Pakistan territory other
than in the territory of a Contracting State, or where the location of the accident
cannot be established definitely as being in the territory of a Contracting State,
the Director General CAA with the approval of the Federal Government of Pakistan
may appoint an accredited representative or investigator to conduct an investigation
into any matter connected with the accident.
Where an incident occurs outside Pakistan territory to a registered aircraft, the
Director General CAA with the approval of the Federal Government of Pakistan may
authorise an investigation into any matter connected with the incident.
INFORMATION TO BE FURNISHED TO A CONTRACTING
Where an accident occurs in the territory of a Contracting State, and that Contracting
State conducts an investigation or enquiry, the Director General CAA shall, on request
by the appropriate authority of that State, furnish that authority with all the
relevant information in his possession.
PARTICIPATION IN AN INVESTIGATION
Where an accident occurs in Pakistan territory to aircraft registered in another
Contracting State, the following shall be entitled to appoint accredited representatives
to participate in the investigation
- The State of Registry
- The State of the Operator, if that State is not the State of Registry
- The State of Manufacture of the aircraft if that State is not the State of Registry,
or the State of the operator and any State which, on the request of the Director
General CAA, has provided information, facilities or experts to assist the investigator
Accredited representatives shall be entitled to participate in an investigation
to an extent that they may
provided that the accredited representative of a State which has provided information,
facilities or experts shall only be entitled to participate in an investigation
of the matters in relation to which the information, facilities or experts have
- Visit the scene of the accident
- Examine the wreckage, if any.
- Question witnesses
- Have full access to all relevant evidence
- Receive copies of all pertinent documents and make submission in respect of the
various elements of the investigation
REPORT OF AN INVESTIGATION
INVESTIGATOR TO REPORT IN WRITING
On completion of an investigation, the investigator shall forward a report in writing
to the Director General CAA covering the whole of the investigation, and shall forward
with the report all signed statements or other documents, which have coma into his
possession in the course of the investigation.
When the investigation relates to any matter connected with an accident, the Director
General CAA, shall forward the report and all the signed statements and documents
received with it to the Federal Government of Pakistan with his recommendations
and shall comply with such directions as the Federal Government of Pakistan may
Disposition of the report on a foreign aircraft Upon receipt of a report by an investigator
relating to an aircraft registered in another Contracting State the Director General
CAA shall send copies to
- The State of Registry of the aircraft
- The State of the Operator, if that State is not the State of Registry
- The State of Manufacture, if that State is not the State of Registry or the State
of the operator
- Any state which provided relevant information, significant facilities, or experts,
inviting their significant and substantiated comments on the report to be made as
soon as possible
At the end of a period of sixty days from the date of dispatch or at such earlier
time as all comments are received, the Director General CAA may either amend the
report to include the substance of the comments received, if any, or append the
comments to the report.
The Director General CAA shall then produce a final report which shall be sent to
PUBLICATION OF A REPORT
The Director General CAA may cause the whole or any part of a report to be made
The Director General CAA may, for the guidance of persons engaged in flight operations,
publish such comments and recommendations relating to the causes or circumstances
of any accident or incident, which has been the subject of an investigation, as
he considers necessary or desirable for the purpose of eliminating the likelihood
of any similar occurrence in the future.
BOARD OF ACCIDENT INQUIRY
APPOINTMENT OF A BOARD
Where an accident in Pakistan has been investigated, the Federal Government of Pakistan
may, whenever it is considered to be desirable in the public interest, appoint a
Board or Accident Inquiry, referred to as the Board to inquire into the causes of
the accident and into such other matters relating to the accident as may be referred
to it by the Federal Government of Pakistan.
CONSTITUTION OF A BOARD
The Board, appointed shall consist of a Chairman anal such members as the Federal
Government of Pakistan may consider necessary.
The Chairman shall be a person possessing legal knowledge and experience or knowledge
and experience in aeronautical engineering or flight operations.
The members shall be persons possessing knowledge and experience in aeronautical
engineering or flight operations, or other specialist knowledge or experience as
may be required for the particular inquiry.
The investigator who conducted the investigation of the accident which is the subject
of the inquiry may be appointed as a member of the Board or may be attached as a
TERMS OF REFERENCE OF A BOARD
The task of a Board shall be to inquire into, and establish the cause of, the accident
which is the subject of the inquiry and to inquire into and report on, such other
matters relating to the accident as may be referred to it. It shall not be the responsibility
of a Board to allocate blame for any such occurrence.
INVESTIGATION TO BE TAKEN OVER BY A BOARD
On the appointment of a Board the investigation of the subject accident carried
out if not already completed shall be terminated and all report, statements, evidence,
documents, aircraft parts and other things which are in the possession of the investigator
and which are germane to the inquiry, shall be made available to the Board.
POWERS OF A BOARD
A Board may conduct the inquiry in such manner as it sees fit and shall not be bound
by the legal rules of evidence.
A Board shall have all the powers of an investigator and in exercising the power
to summon witnesses, the summons shall be in writing under the hand of the Chairman
of the Board.
Witnesses summoned by a Board shall comply with rule as described in Investigation
of Accidents and Incidents.
The owner or occupier of any place in which any aircraft or equipment is situated,
or any process is carried out which the Chairman of the Board considers is relevant
to the inquiry shall permit the Chairman and any member of that Board to enter that
place and examine the aircraft, the equipment, or the process.
A person shall not wilfully insult, or disturb, or interrupt the proceedings of
a Board by writing or speech, use words, which are false or defamatory of a Board,
or Commit a willful contempt of a Board.
RIGHT OF APPEARANCE BEFORE A BOARD
A person granted rights in Investigation of Accidents and Incidents shall have the
same rights of making any statement, or giving any evidence and calling witnesses
on his behalf, to a Board.
The Chairman of a Board may grant leave to make any statement, or give any evidence
to the Board, to a person whom the Chairman considers may be affected or prejudiced
by the inquiry or the representative of an association, a member of which the chairman
considers may be affected or prejudiced by the inquiry.
A person appearing may be represented by counsel, solicitor, or agent, who may examine
witnesses and address the Board on the person's behalf.
Accredited representatives appointed in Investigation of Accidents and Incidents
shall have the same rights during an inquiry conducted by a Board as granted to
them, during an investigation.
PROCEDURES OF A BOARD
The time and place for conducting an inquiry shall be fixed by the Chairmen of the
Board, being a date not less than fourteen days after the receipt of the report
of the investigation carried out.
Unless the Chairman of the Board directs otherwise, the sittings of the Board shall
be open to the public. The Chairman of a Board may direct that a witness be excluded
from the sittings of the Board while another witness is giving evidence and direct
that the whole or a specified part of the evidence be not published, if in his opinion,
it would not be in the public interest to publish it.
REPORT OF A BOARD
As soon as is convenient after conducting the inquiry, the Chairman of the Board
shall forward to the Federal Government of Pakistan a written report stating his
findings, together with notes of the evidence taken, and adding such observations
and recommendations as he thinks fit to make with a view to the preservation if
life and avoidance of future accidents.
The Chairman and each member appointed to constitute the Board shall sign the report
When a member disagrees with a finding or recommendation of the Chairman, the member
shall state in writing his reasons for the disagreement and those reasons shall
be forwarded to the Federal Government of Pakistan with the report and shall be
deemed to be part of the report.
INQUIRY INTO FURTHER MATTERS
The Federal Government of Pakistan may at any stage in an inquiry conducted, advise
the Board to inquire into such further matters relating to the accident as the Federal
Government of Pakistan thinks fit, and may, where an inquiry has been concluded,
direct the Board to inquire further into such matters relating to the accident as
it thinks fit.
PUBLICATION OF A REPORT
The Federal Government of Pakistan may cause the whole or a part of a report of
the Board to be made public in such manner as it thinks fit.
IMMUNITY OF THE CHAIRMAN
The Chairman of the Board shall, in the exercise of his duties, have the same protection
and immunity as a judge of the High Court.
REOPENING OF AN INQUIRY
The Federal Government of Pakistan may, in any case where a Board has been held,
direct a re hearing of the inquiry either generally or as to any part thereof and
shall do so
Such inquiry shall be re heard either by the Board by which the inquiry was conducted
in the first instance or by some other competent person appointed by the Federal
Government of Pakistan to hold the rehearing
- If new and important evidence which could not be produced at the inquiry has been
- If for any other reason there is in its opinion ground for suspecting that a miscarriage
of a justice has occurred