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, in which

• 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 inaccessible

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.

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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 rules may

• 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 of accidents
• 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 of registration.

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 question.

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 STATE

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

• 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 give.

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 the States.

PUBLICATION OF A REPORT

The Director General CAA may cause the whole or any part of a report to be made public.

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 technical adviser.

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

• If new and important evidence which could not be produced at the inquiry has been discovered
• If for any other reason there is in its opinion ground for suspecting that a miscarriage of a justice has occurred