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No. S 424

Air Navigation Act

(Chapter 6)

Air Navigation (Investigation of Accidents and Incidents) (Amendment) Order 2010

In exercise of the powers conferred by section 3(1) of the Air Navigation Act, the Minister for Transport hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Air Navigation (Investigation of Accidents and Incidents) (Amendment) Order 2010 and shall come into operation on 2nd August 2010.

Amendment of paragraph 2

2. Paragraph 2(1) of the Air Navigation (Investigation of Accidents and Incidents) Order (O 7) (referred to in this Order as the principal Order) is amended —

(a)

by deleting the definition of “accident” and substituting the following definition:

“ “accident” means an occurrence 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 persons have disembarked, or which 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 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;
(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 where the injuries arise from natural causes, are self-inflicted or inflicted by any other person, or where the person injured is a stowaway hiding outside the areas normally available to passengers and crew;

(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,

and guidance for the determination of which is set out in the First Schedule; but excludes —

(A)	engine failure or damage, when the damage is limited to a single engine (including its cowlings or accessories) or to propellers, wings tips, antennas, probes, vanes, tyres, brakes, wheels, fairings, panels, landing gear doors, windscreens or the aircraft skin (such as small dents or puncture holes);
(B)	minor damage to main rotor blades, tail rotor blades or landing gear; and
(C)	minor damage resulting from hail or bird strike (including holes in the radome); or

(c)

the aircraft is missing or completely inaccessible;”;

(b)

by deleting the definition of “causes” and substituting the following definition:

“ “cause”, in relation to any accident or incident, means any action, omission, event, condition, or a combination thereof, which led to the accident or incident, the identification of which does not imply the assignment of fault or the determination of administrative, civil or criminal liability;”;

(c)

by inserting, immediately after the words “determination of causes” in the definition of “investigation”, the words “or contributing factors, or both,”; and

(d)

by deleting the definitions of “safety recommendation” and “serious incident” and substituting the following definitions:

“ “safety recommendation” means a proposal of the Chief Inspector, investigator-in-charge or the accident investigation authority of a State conducting an investigation, based on information derived from an investigation and 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;

“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 —

(a)	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
(b)	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 it comes to rest at the end of the flight and the primary propulsion system is shut down,

examples of which are set out in the Second Schedule;”.

Amendment of paragraph 3

3. Paragraph 3 of the principal Order is amended by deleting sub-paragraph (3) and substituting the following sub-paragraphs:

“(3) An investigation shall normally include —

(a)	the gathering, recording and analysis of all relevant information on the accident or incident;
(b)	if appropriate, the issuance of safety recommendations;
(c)	if possible, the determination of the causes or contributing factors, or both; and
(d)	the completion of the Final Report.

(4) Any investigation carried out under this Order shall be separate from any judicial or administrative proceedings to apportion blame or liability.”.

Amendment of paragraph 5

4. Paragraph 5(1) of the principal Order is amended by deleting sub-paragraph (a) and substituting the following sub-paragraph:

“(a)

with the least possible delay and by the quickest means of communication available, forward a notification of the accident or serious incident containing as much of the information referred to in paragraph 4(2) as may be available to —

(i)	a Contracting State that is the State of Registry, the State of the Operator, the State of Design or the State of Manufacture; and
(ii)	if the aircraft is of a maximum certified take-off mass of more than 2,250 kg or is a turbojet-powered aircraft, the International Civil Aviation Organisation,

except that only the qualification, and not the name, of the pilot-in-command shall be included in the notification;”.

Amendment of paragraph 8

5. Paragraph 8 of the principal Order is amended —

(a)	by inserting, immediately after the words “an accident” in the 2nd line of sub-paragraph (1), the words “or a serious incident”;
(b)	by inserting, immediately after the words “the accident” wherever they appear in sub-paragraph (1)(a) to (d), the words “or serious incident”;
(c)	by inserting, immediately after the words “an incident” in sub-paragraph (2), the words “, other than a serious incident,”;
(d)	by inserting, immediately after the words “another Contracting State” in sub-paragraph (6), the words “, or to a regional accident investigation organisation,”; and
(e)	by inserting, immediately after the words “the Contracting State” in sub-paragraph (7), the words “or the regional accident investigation organisation”.

Amendment of paragraph 11

6. Paragraph 11 of the principal Order is amended by deleting sub-paragraphs (4) and (5) and substituting the following sub-paragraphs:

“(4) A Contracting 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 to participate in the investigation.

(5) An expert appointed under sub-paragraph (4) shall be entitled to —

(a)	visit the scene of the accident;
(b)	have access to the relevant factual information which is approved for public release by the investigator-in-charge, and to information on the progress of the investigation; and
(c)	receive a copy of the Final Report.”.

Amendment of paragraph 16

7. Paragraph 16 of the principal Order is amended —

(a)	by inserting, immediately after the word “recommend” in sub-paragraph (1)(a), the words “, in a dated transmittal correspondence,”;
(b)	by deleting the word “appropriate,” in sub-paragraph (1)(b) and substituting the words “appropriate and in a dated transmittal correspondence,”;
(c)	by deleting the word “liability” in sub-paragraph (4) and substituting the words “blame or liability”; and
(d)	by inserting, immediately after the words “the Chief Inspector shall” in sub-paragraph (5), the words “, within 90 days of the date of the transmittal correspondence from that Contracting State,”.

Amendment of paragraph 17

8. Paragraph 17(1) of the principal Order is amended by deleting the words “shall, in the case of an accident, and may, in the case of a serious incident, cause the investigation of the accident or serious incident” and substituting the words “shall cause the investigation of an accident or a serious incident”.

Amendment of paragraph 18

9. Paragraph 18 of the principal Order is amended —

(a)

by deleting the word “or” at the end of sub-paragraph (e) of sub-paragraph (1), and by inserting immediately thereafter the following sub-paragraph:

“(ea)

any cockpit airborne image recording and any part or transcript from such recording;”; and

(b)

by inserting, immediately after sub-paragraph (3), the following sub-paragraph:

“(4) The names of the persons involved in the accident or incident shall not be disclosed by the Chief Inspector, the Inspectors or the Air Accident Investigation Bureau of Singapore.”.

New First Schedule

10. The principal Order is amended by inserting, immediately after paragraph 23, the following Schedule:

“FIRST SCHEDULE

Paragraph 2(1)

Guidance for Determination of Aircraft Damage

1. If an engine separates from an aircraft, the event is considered 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. An occurrence where any compressor, turbine blade or other engine internal component is ejected through the engine tail pipe is 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. Any missing flap, slat and other lift augmenting device, winglet, etc., that is permitted for dispatch under the Configuration Deviation List is not considered an accident.

6. Where any retraction of a landing gear leg, or wheels up landing, has resulted in skin abrasion only and 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 is not considered an accident.

7. If the structural damage is such that the aircraft depressurises, or cannot be pressurised, the occurrence is considered an accident.

8. Any occurrence that entails the removal of any component for inspection following the occurrence, such as the precautionary removal of an undercarriage leg following a low speed runway excursion, while such removal may involve considerable work, is not considered an accident unless significant damage is found.

9. Any occurrence that involves an emergency evacuation is not considered an accident unless someone has sustained serious injuries, or the aircraft has sustained significant damage, as a result of the occurrence.”.

Amendment of existing Schedule

11. The existing Schedule to the principal Order is amended —

(a)	by deleting the words “THE SCHEDULE” in the 1st line and substituting the words “SECOND SCHEDULE”; and
(b)	by inserting, immediately after the words “engine disintegration” in item 9, the words “, including uncontained turbine engine failure,”. [G.N. Nos. S 298/2005; S606/2006; S 218/2009; S 522/2009]

Made this 2nd day of August 2010.

CHOI SHING KWOK

Permanent Secretary,
Ministry of Transport,
Singapore.

[MOT.CA.271.10.02.0.4; AG/LLRD/SL/6/2010/4 Vol. 1]