[CIA 15,740] Interpretation3 

3
(1) In these Regulations, “accident” means an occurrence associated with the operation of an 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, and the engine or any propellers or rotors come to rest, being an occurrence in which—
  • (1)a person is fatally or seriously injured as a result of—
    • (a)being in the aircraft; or
    • (b)direct contact with any part of the aircraft, including any part that has become detached from the aircraft; or
    • (c)direct exposure to jet blast—

      except when the injuries are self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to passengers and crew; or

(2) the aircraft sustains damage or structural failure that—
  • (a)adversely affects the structural strength, performance, or flight characteristics of the aircraft; and
  • (b)would normally require major repair or replacement of the affected component—

    except engine failure or damage that is limited to the engine, its cowlings or accessories; or damage limited to propellers, wing tips, rotors, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin; or

(3) the aircraft is missing or is completely inaccessible;
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;

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;

aeronautical component

means any facility or part thereof that is used for aeronautical services;

aeronautical service

means any service that relates to air navigation;

aircraft

means any machine that can derive support in the atmosphere from reactions in the air other than the reactions of the air against the earth’s surface;

Annex

means one of the Annexes to the Conventions;

Authority

means the Civil Aviation Authority of Fiji established under the Civil Aviation Authority of Fiji Act 1979;

causes

means actions, omissions, events, conditions or a combination thereof, which led to the accident or incident;

Convention

means the Convention on International Civil Aviation signed at Chicago in 1944;

fatal injury

means any injury that results in death within 30 days of the accident;

flight recorder

means any type of recorder installed in the aircraft for the purpose of complementing accident/incident investigation;

ICAO

means the International Civil Aviation Organization;

incident

means an occurrence, other than an accident, associated with the operation of an aircraft that affects or could affect the safety of operation;

investigation

means a process conducted for the purpose of accident prevention that includes gathering and analysis of information, the drawing of conclusions, including the determination of causes and, when appropriates, the making of safety recommendations;

Investigator-in-charge

means a person charged, on the basis of his or her qualifications, with the responsibility for the organisation, conduct and control of an investigation;

maximum mass

means the maximum certificated take off mass;

occurrence

means an accident or incident;

operational control

means the exercise, by a person of authority over the initiation, continuation, diversion, termination or cancellation of a flight or series of flights in the interest of safety of the aircraft and the regularity and efficiency of such flight;

operator

means the person who exercises operational control over an aircraft;

preliminary report

means the communication used for the prompt dissemination of data obtained during the early stages of the investigation;

safety recommendation

means a proposal of the accident investigation authority of the state conducting the investigation based on information derived from an investigation and made with the intention of preventing accidents or incidents;

serious incident

means an incident involving circumstances indicating that an accident nearly occurred;

serious injury

means an injury that is sustained by a person in an accident and that—

  • (a)requires hospitalisation for more than 48 hours, commencing within 7 days from the date the injury was received; or
  • (b)results in a fracture of any bone (except simple fractures of fingers, toes, or nose); or
  • (c)involves lacerations which cause sever hemorrhage, nerve, muscle, or tendon damage; or
  • (d)involves injury to an internal organ; or
  • (e)involves second or third degree burns, or any burns affecting more than 5% of the body surface; or
  • (f)involves verified exposure to infectious substances or injurious radiation;
State of design

means the state having jurisdiction over the organisation responsible for the type design;

State of manufacture

means the state having jurisdiction over the organisation responsible for the final assembly of the aircraft;

State of occurrence

means the state in the territory of which an accident or incident occurs;

State of registry

means the state on whose register aircraft is entered; and

State of the operator

means the state in which the operator’s principal place of business is located or, if there is no such place of business, the operator’s permanent residence.