Reporting an Accident/Incident to CAA

[Morph]

1. If you have an accident or an incident you have to report it to CAA within 24 hours of the incident. If the pilot is incapacitated the PAX, owner, school, family has to do it.

2. The aircraft may under no circumstances be moved unless you have spoken to the inspector on the phone and he has expressly given you permission to do so. Even if it is minor damage like a front wheel is bent.

Go to http://www.caa.co.za/ and look under Accidents and Incidents. You will find the list of inspectors and their telephone numbers who are on duty.

Accident:

An accident is defined as an occurrence associated with the operation of an aircraft that takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage.

Incident:

An incident is an occurrence other than an accident that affects or could affect the safety of operations

You need to know this, it is in Airlaw. Claiming you did not know can get your license suspended and you could be required to rewrite Airlaw.

[Morph]

Notification of accidents
12.02.1 (1) The pilot-in-command of an aircraft involved in an accident
within the Republic, or if he or she is killed or incapacitated, a flight crew member,
or if there are no surviving flight crew members or if they are incapacitated,
the operator or owner, as the case may be, shall, as soon as possible but at least
within 24 hours since the time of the accident, notify –
(a) the Commissioner;
(b) an Air Traffic Service Unit; or
(c) the nearest police station,
of such accident.
(2) If an air traffic service unit or police station is notified of an accident in
terms of sub-regulation (1), such air traffic service unit or police station shall,
immediately on receipt of the notification, notify-
(a) the Commissioner; and
(b) where such accident occurs on an aerodrome, the aerodrome manager.
Notification of incidents
12.02.2 (1) The pilot-in-command, and any other flight crew member, operator
or owner, as the case may be, of an aircraft involved in an incident (including
a serious incident), other than an air traffic service incident, within the
Republic, shall, as soon as possible but at least within 24 hours since the time of
such incident, notify –
(a) the Commissioner;
(b) an Air Traffic Service Unit; or
(c) the nearest Police Station,
of such incident.
(2) If an air traffic service unit is notified of an incident in terms of subregulation
(1), such air traffic service unit shall, immediately on receipt of the
notification, notify –
(a) the Commissioner, and
(b) where such incident occurs on an aerodrome, the aerodrome manager.
(3) The pilot-in-command, any other flight crew member, operator or
owner, as the case may be, of an aircraft involved in an air traffic service incident
within the Republic, or any air traffic service personnel witnessing an air
traffic service incident, shall, as soon as possible, notify an air traffic service unit
of such air traffic service incident, and such air traffic service unit shall immediately
on receipt of the notification, notify the Commissioner in the appropriate
form as prescribed in Document SA-CATS-ACCID and INCID.

[Morph]

Guarding of aircraft involved in accident
12.04.1 Where an accident occurs within the Republic, the pilot-in-command
of the aircraft involved in the accident, or if he or she is killed or
incapacitated, a flight crew member, or if there are no surviving flight crew
members, or if they are incapacitated, the operator or owner of such aircraft or
where the accident occurs on an aerodrome, the aerodrome manager, shall –
(a) pending the arrival of a police guard, take such steps which may be
necessary to prevent any interference with the aircraft, the wreck or
wreckage and anything transported therein and any marks resulting
from the accident which may be of assistance in an investigation, contrary
to the provisions of this Part;
(b) forthwith arrange with a member of the South African Police Service to
guard the aircraft, the wreck or wreckage and anything transported
therein and any marks resulting from the accident which may be of
assistance in an investigation.
Access to the scene of accident
12.04.2 (1) No person other than –
(a) a member of the rescue service;
(b) a pro tem investigator;
(c) an investigator;
(d) an accredited representative;
(e) an advisor;
(f) a member of the South African Police Service; or
(g) any other person authorised by the Commissioner, after consultation
with the investigator-in-charge,
shall, until such time as the investigator-in-charge otherwise determines, have
access to an aircraft which has been involved in an accident or to the wreck or
wreckage and any marks resulting from the accident which may be of assistance
in an investigation.
(2) Every person permitted by the provisions of sub-regulation (1) or
authorised in terms thereof to have access to an aircraft which has been involved
in an accident or to the wreck or wreckage or to places where marks
resulting from the accident occur which may be of assistance in an investigation,
shall be subject to the direction of the investigator-in-charge until the investigation
has been completed.
CIVIL AVIATION REGULATIONS
Issue 19 PART 12–14 CAR
Control of evidence
12.04.3 The aircraft, the wreck or wreckage and anything transported
therein and any marks resulting from the accident which may be of assistance in
an investigation, shall remain under the control of the investigator-in-charge until
released by such investigator-in-charge.
Interference with objects and marks at scene of accident
12.04.4 (1) Subject to the provisions of this part, no person shall interfere
with an aircraft which has been involved in an accident, the wreck or wreckage, a
part or component thereof or anything transported therein or any marks resulting
from the accident which may be of assistance in an investigation –
(a) until authorised to do so by the investigator-in-charge; and
(b) until, in the case of an aircraft which must be cleared by a customs
officer by virtue of the provisions of the Customs and Excise Act, 1964
(Act No. 91 of 1964), clearance has been issued or permission granted
by such officer.
(2) The provisions of sub-regulation (1) shall not prevent any action necessary
for –
(a) the rescue or extrication of persons or animals from the aircraft or the
wreck;
(b) the reasonable protection of the aircraft, the wreck or wreckage from
destruction by fire or other causes;
(c) the safeguarding by the owner, operator or police guard of precious
metals, jewellery or valuables;
(d) the prevention of danger or removal of an obstruction to other aircraft,
other means of transport or to the public; and
(e) the removal of the aircraft, any part or component thereof or anything
transported therein to a safe place, when in water or otherwise endangered.
Removal of damaged or disabled aircraft
12.04.5 Subject to the conditions which the Commissioner may determine, a
person authorised by the Commissioner for this purpose, may direct any person
to move an aircraft which is damaged or disabled or to move any part thereof or
any cargo or thing carried therein, to another place, at the expense of the owner
or operator of the aircraft.

[gertcoetzee]

Morph,

If there is no injury or minor damage, the incident does not need to be reported? Correct?

[Wargames]

Morph,

If there is no injury or minor damage, the incident does not need to be reported? Correct?

Negative.

1. If you fly within your 45min fuel reserve, you are suppose to file an incident.
2. If you and another aircraft "almost" crash, you are suppose to file an incident.
3. If you go over your yearly bandwidth for broadcasts on the radio, you are suppose to file an incident with ICASA.

and so on and so forth...

Just kidding about #3 though. pity

[Morph]

Morph,

If there is no injury or minor damage, the incident does not need to be reported? Correct?

as far a the rule goes, you have to report any accident or incident even if there are no injuries.

Now the debate then opens as to what constitutes an accident and the definition states, if there were humans in the plane, and they were killed/injured and/or the plane was substantially damaged (even if the humans were ok) that considered an accident.

Next is the debate as to what constitutes "substantial" damage. Is landing and getting a flat tyre an accident or an incident? Is an outlanding, where there is no damage or injuries an incident or an accident. I would say an incident.

I do know in the case of an accident, they will send out an inspector all the way from jhb, at no cost to you, hence why the aircraft cannot be moved.

As far as the definition of an incident goes, if a plane is damaged and there were no humans in it, then is that an incident, i.e. storm, hangar rash etc. In these cases they don't send out an inspector and the aircraft can be moved.

The problem is also that if an aircraft has been involved in an incident or accident that results in major damage to the primary structure of the aircraft, the ATF expires immediately

[skybound®]

this may answer some of your question:

“accident” for the purposes of the definition of “accident” in section 1 of the Act, includes 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, during which –

(a) a person is fatally or seriously injured as result of –

(i) being in the aircraft;

(ii) direct contact with any part of the aircraft, including parts which have become detached or are released from the aircraft ; or

(iii) direct exposure to jet blast, rotor or propeller wake, except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding out- side the areas normally available to passengers and flight 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 engine failure or damage when the damage is limited to the engine, its cowlings or accessories, or for damage limited to propellers, wing tips, antennae, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin; or

(c) the aircraft is still missing after an official search has been terminated and the wreckage has not been located; or

(d) the aircraft is in a place where it is completely inaccessible;

[John Boucher]

Hi all... this is and is going to be a very important thread to read!

If you have forgotten what is required open this one up and read it again!

[gyrosa]

Spoke to one of the guys at SACAA some time ago on the definitions of accidents and incidents as well as the reportabilty.
Firstly their words were "all accidents and incidents must be reported". Secondly, they are not there to hand out punishment at all. The idea is that we must all learn from it.
Now comes the definitions they use.
Accident is of such a nature that no further flight can take place without major repairs eg collapsed undercarriage.
Incident is of such a nature that further flight can take place, eg slight scrape on the wing tip etc. This is also reportable.
A taxi accident or incident is one where the plane is taxied say to the fuel bowser. The intention is to fly after fueling. This is considered as a taxi incident or accident. Reason is that the plane was taxied to a point where it could not take off from and therefore could not be considered that the intention was to fly but rather to refuel. Similarly if the plane was taxied from the bowser to the hanger or parking area, and sustains an accident /incident, it will be a taxi accident/incident.
A flying accident or incident is where the same plane, after refueling, is taxied out to the runway and an accident or incident occurs. Reason why this is a flying accident/incident is that the intention was to fly. The same rule applies to an aircraft, just landed and turned off the runway and taxing back to the hanger. If the incident/accident occurs then, then it is still considered a flying accident because the pilot was completing a flight. Remember the flight is only complete once the aircraft is parked and the engine switched off.
Finally, if the plane has just landed and has taxied to the fuel bowser and switched off, but the incident/accident occurs after refueling, the accident/incident would be regarded as a taxi incident/accident.
If you are ever in the area of SACAA, go and pay these guys a visit. They are really great guys and really want to help. Some of them are also pilots and they share the same fears as we do. Try it, it is worth it.
Usually in the event of an accident, where no one was injured or killed, the SACAA accident guys will tell you what to do with the wreck ie to remove it or to keep it there on the scene of the accident, but check with them first. In the event of an incident, it will do no harm to phone them, describe what happened and they will simply ask for a formal report, HOWEVER, in either case, the ATF is withdrawn or useless and you cannot fly further until it is reinstated. Should you choose to ignore this rule, then they will come down on you like a ton of bricks because the aircraft was operated illegally.
I know of a pilot that took off in the main street of a town, fell behind the power curve and narrowly missed a church before crashing into the church yard, uninjured, and the worst that happened to him was that he was wrapped over the knuckles because his ATF had expired some time previously.
We are all human and pilots more so than others, WE DO MAKE MISTAKES. If we confess, we might just save the life of another.

[skybound®]

A taxi accident or incident is one where the plane is taxied say to the fuel bowser. The intention is to fly after fueling. This is considered as a taxi incident or accident. Reason is that the plane was taxied to a point where it could not take off from and therefore could not be considered that the intention was to fly but rather to refuel. Similarly if the plane was taxied from the bowser to the hanger or parking area, and sustains an accident /incident, it will be a taxi accident/incident.

This would be interesting to test the CAA's definition with the insurers. If you only have ground cover for your aircraft and it was damaged during the taxi - one could suggest using the above definition from our law maker, that it would then be covered.

[RV4ker]

A taxi accident or incident is one where the plane is taxied say to the fuel bowser. The intention is to fly after fueling. This is considered as a taxi incident or accident. Reason is that the plane was taxied to a point where it could not take off from and therefore could not be considered that the intention was to fly but rather to refuel. Similarly if the plane was taxied from the bowser to the hanger or parking area, and sustains an accident /incident, it will be a taxi accident/incident.

This would be interesting to test the CAA's definition with the insurers. If you only have ground cover for your aircraft and it was damaged during the taxi - one could suggest using the above definition from our law maker, that it would then be covered.

My insurance co states that ground cover is only when the aerie is not under it's own power. Thus if being towed to fuel bowser I would be covered under ground cover. if taxi then would be flight cover...