Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697640702954.pdf (Bahamas)
Civil Aviation Safety Regulations Schedule 19 Schedule 19 Accident & Incident Reporting & Investigation Subpart A: General .............................................................................................................................. 5 19.001 Applicability .................................................................................................................................... 5 19.005 Objective of Investigations ........................................................................................................... 5 19.010 Definitions ....................................................................................................................................... 5 19.015 Acronyms & Abbreviations ........................................................................................................... 7 Subpart B: Personal Responsibility: Accident Reporting ............................................................... 7 19.020 Applicability .................................................................................................................................... 7 19.025 Immediate Notification ................................................................................................................... 8 19.030 Information to be given in the Notification .................................................................................. 8 19.035 Preservation & Protection of Wreckage & Accident Site ........................................................... 8 19.040 Forwarding of an Operator Accident or Incident Report ............................................................ 8 19.045 Crew Member Statement ............................................................................................................... 9 19.050 Where to File the Reports .............................................................................................................. 9 Subpart C: Mandatory & Voluntary Occurrence Reporting
 ............................................................. 9 19.055 General Applicability ..................................................................................................................... 9 19.060 Applicability to Persons & Organizations Involved .................................................................... 9 19.065 Objective of the Reporting Requirements ................................................................................. 10 19.070 Items to be Reported ................................................................................................................... 10 19.075 Voluntary Reporting ..................................................................................................................... 10 19.080 Self-Disclosure of Non-Compliance ........................................................................................... 11 19.085 Confidentiality of Reports ........................................................................................................... 11 19.090 Assurance Regarding Prosecution ............................................................................................ 11 19.095 Action in Respect of Licences & Certificates ............................................................................ 11 19.100 Possible Action by Employers .................................................................................................... 12 Subpart D: Preservation Of Wreckage & Records .......................................................................... 12 19.105 Applicability .................................................................................................................................. 12 19.110 Preservation & Protection of Wreckage ..................................................................................... 12 19.115 Moving the Wreckage
 .................................................................................................................. 12 19.120 Release from Custody ................................................................................................................. 13 Subpart E: Accident & Incident Investigation ................................................................................. 13 19.125 Applicability .................................................................................................................................. 13 19.130 Responsibility for Investigation .................................................................................................. 13 19.135 Nature of the Investigation .......................................................................................................... 13 19.140 Right to Representation .............................................................................................................. 14 19.145 Accident Inquiry Board ................................................................................................................ 14 19.150 Investigator-in-Charge: Designation .......................................................................................... 14 Page 19-1 of 34 Civil Aviation Safety Regulations Schedule 19 19.155 Investigator-in-Charge: Access & Control ................................................................................. 14 19.160 Investigator-in-Charge ................................................................................................................. 14 19.165 Authority of Accident Investigators ............................................................................................ 15 19.170 Autopsy & Medical Examinations ............................................................................................... 15 19.175 Parties to the Investigation
 .......................................................................................................... 16 19.180 Access to & Release of Wreckage, Records, Mail & Cargo ...................................................... 16 19.185 Notification of Affected States .................................................................................................... 16 19.190 Flight Recorders: Accidents & Incidents ................................................................................... 16 19.195 Coordination: Judicial Authorities .............................................................................................. 16 19.200 Informing Aviation Security Authorities ..................................................................................... 17 19.205 Flow & Dissemination of Accident or Incident Information ..................................................... 17 19.210 Proposed Findings ....................................................................................................................... 17 19.215 Non-Disclosure of Records ......................................................................................................... 17 19.220 Re-Opening of the Investigation ................................................................................................. 18 Subpart F: Responsibility of Investigating State ........................................................................... 18 19.225 Applicability .................................................................................................................................. 18 19.230 Notification of Other States ......................................................................................................... 18 19.235 Format & Content of Notification ................................................................................................ 18 19.240 Language to be used in the Notification
 .................................................................................... 19 19.245 Additional Relevant Information ................................................................................................. 19 19.250 Expectations of Participation of States ...................................................................................... 19 19.255 Expectations for Information from Other States ....................................................................... 19 19.260 Conduct of the Investigation ....................................................................................................... 19 19.265 Coordination of Participation of Other States ........................................................................... 20 19.270 Timely Completion of Pertinent Reports .................................................................................... 20 Subpart G: Bahamas not the State of Occurrence ........................................................................ 20 19.275 Applicability .................................................................................................................................. 20 19.280 Actions following Receipt of Notification .................................................................................. 20 19.285 Timely Provision of Relevant Information .................................................................................. 20 19.290 Provision of Additional Information ........................................................................................... 20 19.295 Protection & Provision of Flight Recorder Records ................................................................. 20 19.300 Provision of Related Organization Information ......................................................................... 21 19.305 Required Appointment of an Accredited Representative ......................................................... 21 19.310 Action on Safety
 Recommendations .......................................................................................... 21 Subpart H: Right of Participation in Investigation ......................................................................... 21 19.315 Applicability .................................................................................................................................. 21 19.320 States Entitled to Appoint a Representative .............................................................................. 21 19.325 Additional Invited Participants .................................................................................................... 21 19.330 Appointment of Advisors to the Accredited Representatives ................................................. 22 19.335 States with Fatalities or Serious Injuries to its Citizens ........................................................... 22 Subpart I: Entitlement Of Accredited Representatives ................................................................. 22 19.340 Applicability .................................................................................................................................. 22 19.345 Accredited Representatives & Their Advisors .......................................................................... 22 19.350 Participation .................................................................................................................................. 22 19.355 Procedures .................................................................................................................................... 23 Page 19-2 of 34 Civil Aviation Safety Regulations Schedule 19 19.360 Limits to Entitlement .................................................................................................................... 23 19.365 Obligations ................................................................................................................................... 23 Subpart J: Accident
 Reports ............................................................................................................ 23 19.370 Applicability .................................................................................................................................. 23 Subdivision I: General .................................................................................................................................. 23 19.375 Safety of Flight ............................................................................................................................. 23 19.380 Language ...................................................................................................................................... 23 19.385 Release of Information: Consent ................................................................................................ 24 Subdivision II: Preliminary Report ............................................................................................................. 24 19.390 Required Report ........................................................................................................................... 24 19.395 Accidents to Aircraft over 2,250 kg ............................................................................................ 24 19.400 Accidents to Aircraft of 2,250 kg or Less .................................................................................. 24 19.405 Timely Submission of the Preliminary Report .......................................................................... 24 Subdivision III: Accident or Incident Data Report .................................................................................... 24 19.410 Required Report ........................................................................................................................... 24 19.415 Accidents to Aircraft over 2,250 kg ............................................................................................ 24 19.420 Additional
 information ................................................................................................................. 25 19.425 Incidents to Aircraft over 5,700 kg ............................................................................................. 25 Subdivision IV: Final Report ....................................................................................................................... 25 19.430 Required Report ........................................................................................................................... 25 19.435 Consultation with Other States ................................................................................................... 25 19.440 Inviting Comments from Other Interested Parties .................................................................... 25 19.445 Processing of Timely Comments ............................................................................................... 25 19.450 Recipient States ........................................................................................................................... 26 19.455 Release of the Final Report ......................................................................................................... 26 19.460 Safety Recommendations ........................................................................................................... 26 19.465 When ICAO Documents are Involved ......................................................................................... 26 Appendices .......................................................................................................................................... 27 Appendix 1 to 19.070: Mandatory Reports: Aircraft Flight Operations ................................................ 27 Appendix 2 to 19.070: Mandatory Reports: Aircraft Technical ............................................................. 29 Appendix 3 to 19.070: Mandatory Reports: Air Navigation Occurrences
 ............................................ 32 The Remainder of This Page Intentionally Left Blank Page 19-3 of 34 Civil Aviation Safety Regulations Schedule 19 This Page Intentionally Left Blank Page 19-4 of 34 Civil Aviation Safety Regulations Schedule 19 SUBPART A: GENERAL 19.001 APPLICABILITY (a) This Schedule contains requirements pertaining to— (1) Notification, investigation, analysis and reporting of aircraft incidents and accidents and certain other occurrences in the operation of aircraft— (i) When they involve Bahamas-registered aircraft, whereever they occur; and (ii) When they involve foreign-registered civil aircraft, where the events occur in The Bahamas; (2) Preservation of aircraft wreckage, mail, cargo, and records involving all civil and state aircraft accidents in The Bahamas; (3) Conformance to the international Standards for accident and incident reporting.
(b) This Schedule is applicable to the— (1) Organizations and operators that operate aircraft or provide services associated with the safe operation of aircraft; and (2) All Government agencies necessary to the ensure the timely and correct investigation and reporting of accidents.
(c) This Schedule is also applicable to— (1) All persons associated with the safe operations of aircraft; (2) The general public where they have information pertinent to an accident or incident investigation; and (3) The technical persons that participate in the investigations.. 19.005 OBJECTIVE OF INVESTIGATIONS 13:3.1 (a) The sole objective of the investigation of an accident or incident shall be the prevention of accidents and incidents.
(b) It is not the purpose of the activities subject to this Schedule to apportion blame or liability.

19.010 DEFINITIONS (a) As used in this part the following words or phrases are defined as follows— Aeronautical Information Publication (AIP).

The publication issued by The Bahamas Department of Civil Aviation in accordance with ICAO Annex 15.

Accident.
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, or 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 as it comes to rest at the end of the flight and the primary propulsion system is shut down, in which— (i) A person is fatally or seriously injured as a result of— (A) Being in the aircraft; (B) Direct contact with any part of the aircraft, including parts which have become detached from the aircraft; or (C) Direct exposure to jet blast, except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew.
(ii) The aircraft sustains damage or structural failure which adversely affects the structural strength, performance or flight characteristics of the aircraft, and would normally require major repair or replacement of the affected component, except for engine failure or damage, when the damage is limited to a single engine, (including its cowlings or accessories), to propellers, wing tips, antennas, probes, vanes, tires, brakes, wheels, fairings, panels, landing gear doors, Page 19-5 of 34 Civil Aviation Safety Regulations Schedule 19 windscreens, the aircraft skin (such as small dents or puncture holes), or for minor damages to main rotor blades, tail rotor blades, landing gear, and those resulting from hail or bird strike (including holes in the radome); or (iii) The aircraft is missing or is completely inaccessible.
Note: An aircraft is considered to be missing when the official search has been terminated and the wreckage has not been located.

Accredited representative.

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.

Advisor.

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.

Aircraft.
Aircraft.

Any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface.

Causes.

Actions, omissions, events, conditions, or a combination thereof, which led to the accident or incident.

Civil aircraft.

Any aircraft other than a State aircraft.

Fatal injury.

Any injury which results in death within 30 days of the accident.

Flight recorder.
Flight recorder.

Any type of recorder installed in the aircraft for the purpose of complementing accident/ incident investigation.

Government.

The Government of The Bahamas.

Incident.

An occurrence other than an accident, associated with the operation of an aircraft, which affects or could affect the safety of operations.

Investigation.
Investigation.

A process conducted for the purpose of accident prevention which includes the gathering and analysis of information, the drawing of conclusions, including the determination of causes and, when appropriate, the making of safety recommendations.

Investigator-in-charge.

A person charged, on the basis of his or her qualifications, with the responsibility for the organization, conduct and control of an investigation.

Maximum mass.

Maximum certificated takeoff mass.

Occurrence.


In relation to an aircraft, this means any incident which— (i) Endangers or which, if not corrected, would endanger an aircraft, its occupants or any other person; or (ii) Resulted in an accident.

Operator.

A person, organization or enterprise engaged in or offering to engage in an aircraft operation, including any person who causes or authorizes the operation of an aircraft, such as the owner, lessee, or bailee of an aircraft.

Preliminary Report.
Preliminary Report.

The communication used for the prompt dissemination of data obtained during the early stages of the investigation.

Safety recommendation.

A proposal of the accident investigation authority of the State conducting the investigation, based on information derived from the investigation 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.
In addition to safety recommendations arising from accident and incident investigations, safety recommendations may result from diverse sources, including safety studies.

Serious incident.
An incident involving circumstances indicating that there was a high probability of an accident and 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 such persons have disembarked, or 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 as it comes to Page 19-6 of 34 Civil Aviation Safety Regulations Schedule 19 rest at the end of the flight and the primary propulsion system is shut down.An incident involving circumstances indicating that an accident nearly occurred, the difference being only in the outcome.
State aircraft.

An aircraft used only on behalf of the Government (except for commercial purposes) or exclusively leased for at least 90 continuous days.

Serious injury.
Any injury which— (i) Requires hospitalization for more than 48 hours, commencing within 7 days from the date the injury was received; (ii) Results in a fracture of any bone (except simple fractures of fingers, toes, or nose); (iii) Involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage (iv) Involves injury to any internal organ; or (v) Involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or (vi) Involves verified exposure to infectious substances or injurious radiation.
State of Design.

The State having jurisdiction over the organization responsible for the type design.

State of Manufacture.

The State having jurisdiction over the organization responsible for the final assembly of the aircraft.

State of Occurrence.

The State in the territory of which an accident or incident occurs.

State of the Operator.

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.
State of Registry.

The State on whose register the aircraft is entered.

Substantial damage.

Damage or failure which adversely affects the structural strength, performance, or flight characteristics of the aircraft, and which would normally require major repair or replacement of the affected component.
Note: Engine failure or damage limited to an engine if only one engine fails or is damaged, bent failings or cowling, dented skin, small punctured holes in the skin or fabric, ground damage to rotor or propeller blades, and damage to landing gear, wheels, tires, flaps, engine accessories, brakes, or wingtips are not considered "substantial damage" for the purpose of this Schedule.
19.015 ACRONYMS & ABBREVIATIONS (a) The following acronyms and abbreviations are used in this Schedule— ACCID – Accident AIP – Aeronautical Information Publication AOC - Air Operator Certificate ICAO – International Civil Aviation Organization INCID – Incident IIC – Investigator-in-Charge PSE – Principal Structural Element UTC – Universal Coordinated Time SUBPART B: PERSONAL RESPONSIBILITY: ACCIDENT REPORTING 19.020 APPLICABILITY (a) This Subpart is applicable to operators and individuals who are involved in or have knowledge of an aircraft accident or serious incident— (1) Occurring within Bahamas airspace; or (2) With a Bahamas-registered aircraft; or (3) With a Bahamas AOC holder.
Page 19-7 of 34 Civil Aviation Safety Regulations Schedule 19 19.025 IMMEDIATE NOTIFICATION (a) The operator of any Bahamas-registered civil aircraft, or any State aircraft not operated by the military, or any foreign aircraft shall immediately, and by the most expeditious means available, notify the Authority when an aircraft accident or any of the following listed incidents occur— (1) Flight control system malfunction or failure; (2) Inability of any required flight crew member to perform normal flight duties as a result of injury or illness; 13: (3) Failure of structural components of a turbine engine excluding compressor and turbine blades and vanes; In-flight fire; or (4) (5) Aircraft collide in flight.
(6) Damage to property, other than the aircraft, estimated to exceed $25,000 for repair (including materials and labor) or fair market value in the event of total loss, whichever is less.
(7) For large multiengine aircraft (more than 12,500 pounds maximum takeoff weight); (i) In-flight failure of electrical systems which requires the sustained use of an emergency bus powered by a backup source such as a battery, auxiliary power unit, or air driven generator to retain flight control or essential instruments; (ii) In-flight failure of hydraulic systems that results in sustained reliance on the sole remaining hydraulic or mechanical system for movement of flight control surfaces; (iii) Sustained loss of the power or thrust produced by two or more engines; and (iv) An evacuation of an aircraft in which an emergency egress system is utilized.
(b) This initial notification requirement also applies when an aircraft is overdue and is believed to have been involved in an accident.

Note: The initial report may be made to the nearest air traffic service unit or flight information unit or directly to the Authority as prescribed in the Aeronautical Information Publication.
19.030 INFORMATION TO BE GIVEN IN THE NOTIFICATION (a) The required notification shall contain the following information, if available— (1) Type, nationality, and registration marks of the aircraft; (2) Name of owner, and operator of the aircraft; (3) Name of the pilot in command; (4) Date and time of the accident; (5) Last point of departure and point of intended landing of the aircraft; (6) Position of the aircraft with reference to some easily defined geographical point; (7) Number of persons aboard, number killed, and number seriously injured; (8) Nature of the accident, the weather and the extent of damage to the aircraft, so far as is known; and (9) A description of any explosives, radioactive materials, or other dangerous articles carried.
19.035 PRESERVATION & PROTECTION OF WRECKAGE & ACCIDENT SITE (a) The operator and pilot-in-command shall ensure as much as is practical that the wreckage and accident site is protected and preserved in accordance with the requirements of Subpart D of this Schedule.
19.040 FORWARDING OF AN OPERATOR ACCIDENT OR INCIDENT REPORT (a) The operator of a civil, state or foreign aircraft shall file a report in the form and manner prescribed by the Authority— (1) Within 10 days after an accident; or (2) After 7 days if an overdue aircraft is still missing.
Page 19-8 of 34 Civil Aviation Safety Regulations Schedule 19 (b) A Operator Incident Report on an incident for which immediate notification is required shall be filed only as requested by an authorized representative of the Authority.

19.045 CREW MEMBER STATEMENT (a) .Each crew member, if physically able at the time the formal report is submitted, shall attach a statement setting forth the facts, conditions, and circumstances relating to the accident or incident as they appear to him.
(b) If the crew member is incapacitated, he shall submit the statement as soon as he is physically able.

19.050 WHERE TO FILE THE REPORTS (a) The operator of an aircraft shall file any initial notification or operator accident or incident report with the Authority as specified in the Aeronautical Information Publication.
SUBPART C: MANDATORY & VOLUNTARY OCCURRENCE REPORTING 19.055 GENERAL APPLICABILITY (a) This Subpart prescribes the general requirements and administrative rules for implementation and on-going administration of processes for mandatory and voluntary reporting of occurrences where such reports are required by the Civil Aviation Safety Regulations and the supporting Schedules.
(b) The general requirements of this Subpart apply to all occurrence reports required by any Section of Civil Aviation Safety Regulations and the supporting Schedules.

(c) The reporting requirements of this Subpart are mandatory for the persons and organizations involved when the occurrence is related to— (1) Any aircraft operated under an AOC granted by the Authority; (2) Any turbine-powered aircraft which has a certificate of airworthiness issued by the Authority.
(d) In the case of organizations providing a service or facility for aircraft operating over or in the Bahamas, any occurrence meeting the required criteria should be reported regardless of the nationality of the aircraft involved.
19.060 APPLICABILITY TO PERSONS & ORGANIZATIONS INVOLVED (a) The mandatory reporting requirements of this Subpart are applicable to persons and organizations involved in the— (1) Operations, maintenance and support of Bahamas-registered aircraft worldwide; (2) Operations, maintenance and support of aircraft operating in the Bahamas; and (3) The provision of services to aircraft and crews in the operational airspace controlled by the Bahamas and the aerodromes located in the Bahamas.
(b) Persons and organizations included in this applicability are— (1) The operator and the flight crew of a turbine-powered aircraft which has a certificate of airworthiness issued by the Authority; (2) The operator and the flight crew of an aircraft operated under an AOC granted by the Authority; (3) A person who carries on the business of manufacturing a turbine-powered or aircraft that is to be operated in commercial air transport, or any equipment or part thereof, in the Bahamas; (4) A person who carries on the business of maintaining or modifying a turbine- powered aircraft, which has a certificate of airworthiness issued by the Authority, and a person who carries on the business of maintaining or modifying any equipment or part of such an aircraft; (5) A person who carries on the business of maintaining or modifying an aircraft, operated under an AOC granted by the Authority, and a person who carries on the business of maintaining or modifying any equipment or part of such an aircraft; Page 19-9 of 34 Civil Aviation Safety Regulations Schedule 19 (6) A person who signs an airworthiness review certificate, or a certificate of release to service in respect of a turbine-powered aircraft, which has a certificate of airworthiness issued by the Authority, and a person who signs an airworthiness review certificate or a certificate of release to service in respect of any equipment or part of such an aircraft; (7) A person who signs an airworthiness review certificate, or a certificate of release to service in respect of an aircraft, operated under an AOC granted by the Authority, and a person who signs an airworthiness review certificate or a certificate of release to service in respect of any equipment or part of such an aircraft; (8) A person who performs a function which requires him to be authorised by the Authority as an air traffic controller or as a flight information service officer; (9) A licensee and a manager of a licensed aerodrome or a manager of an airport; (10) A person who performs a function in respect of the installation, modification, maintenance, repair, overhaul, flight-checking or inspection of air navigation facilities which are utilised by a person who provides an air traffic control service under an approval issued by the Authority; (11) A person who performs a function in respect of the ground-handling of aircraft, including fuelling, servicing, loadsheet preparation, loading, de-icing and towing at an airport (c) This list of persons and organizations defines those who have to report, but any person or organization may file a report should they consider it necessary or pertinent to aviation safety.
19.065 OBJECTIVE OF THE REPORTING REQUIREMENTS (a) The sole objective of occurrence reporting is the prevention of accidents and incidents through the collection and dissemination of relevant safety information and not to attribute blame or liability.

13:3.1 (b) The mandatory reporting requirements contribute to the improvement of air safety by ensuring free and full reporting of relevant information on safety is collected, stored, protected and disseminated.
(c) The voluntary reporting of persons contribute to the improvement of air safety in the interest of flight safety through the same processes and policies applicable to the mandatory reporting requirements.

19.070 ITEMS TO BE REPORTED (a) The Authority shall prescribe the mandatory occurrences that shall be reported under the provisions of this 13:8.1 Subpart.
(b) These reportable occurrences shall be categorised for purposes of assessing trends as— (1) Aircraft flight operations (Appendix 1 to 19.070); (2) Aircraft technical (Appendix 2 to 19.070); and (3) Air navigation (Appendix 4 to 19.070).

(c) A reportable occurrence in relation to an aircraft means any incident which endangers or which, if not corrected, would endanger an aircraft, its occupants or any other person.
(d) A person required to make a mandatory report of an occurrence shall report any occurrence of which he has positive knowledge, even though this may not be first hand, unless he has good reason to believe that appropriate details of the occurrence have already been, or will be, reported by someone else.
(e) A report should also be submitted on any occurrence which involves a defective condition or unsatisfactory behaviour or procedure which did not immediately endanger the aircraft but which, if allowed to continue uncorrected, or if repeated in different, but likely, circumstances, would create a hazard to aircraft safety.

19.075 VOLUNTARY REPORTING (a) The Authority shall encourage and facilitate voluntary reporting to the same criteria across 13:8.2 the whole spectrum of civil aviation operations.
Page 19-10 of 34 Civil Aviation Safety Regulations Schedule 19 (b) The Authority's organization and procedures for processing and recording reports shall not substantially differentiate between voluntary and mandatory reports.

(c) A voluntary occurrence report is that report made by a person or organization who are not required to report in accordance with the requirements of this Subpart.
(d) The occurrences reported and trends developed shall be retained in a limited format which removes information and data which is likely to identify the person reporting.

(e) The confidentiality of these voluntary reports shall be protected by the Authority and information disclosed in these reports shall inadmissible for any future proceedings relating to the person reporting.
19.080 SELF-DISCLOSURE OF NON-COMPLIANCE (a) The Authority shall encourage self-disclosure of non-compliance with regulations whether associated with associated with mandatory or voluntary reporting processes of this Subpart and shall not take legal enforcement action if the reporter is found to be in compliance with the conditions of paragraph (b).
(b) In evaluating whether an apparent non-compliance is covered by this Section, the Authority shall ensure that the following conditions are met— (1) The regulated entity has notified the Authority of the apparent non-compliance immediately after detecting it and before the Authority has learned of it by other means.

(2) The notification did not occur during, or in anticipation of, an investigation or inspection by the Authority or in association with an accident or incident.
(3) The apparent non-compliance with the regulations was inadvertent.

(4) The apparent non-compliance with regulations does not indicate a lack, or reasonable question, of (5) qualification of the regulated entities.

Immediate action, satisfactory to the Authority was taken upon discovery to terminate the conduct that resulted in the apparent non-compliance.

(6) The regulated entity has developed or is developing a comprehensive fix and schedule of implementation satisfactory to the Authority.
(7) The comprehensive fix includes a follow-up self-audit to ensure that the action taken corrects the noncompliance.

(8) This self-audit is in addition to any audits conducted by the Authority.
19.085 CONFIDENTIALITY OF REPORTS (a) Without prejudice to the proper discharge of its responsibilities in this regard, the Authority shall not disclose the name of the person submitting the report or of a person to whom it relates unless required to do so by law or unless, in either case, the person concerned authorises disclosure.
(b) Should any flight safety follow-up action arising from a report be necessary, the Authority shall take all reasonable steps to avoid disclosing the identity of the reporter or of those individuals involved in the reportable occurrence.
19.090 ASSURANCE REGARDING PROSECUTION (a) The Authority shall not institute proceedings in respect of unpremeditated or inadvertent breaches of the law which come to its attention only because they have been reported under the mandatory or voluntary provisions of this Subpart, except in cases involving dereliction of duty amounting to gross negligence.
19.095 ACTION IN RESPECT OF LICENCES & CERTIFICATES (a) The Authority has a duty under international treaties and conventions to vary, revoke or suspend a licence or certificate as appropriate if it ceases to be satisfied that the holder of the licence or certificate is competent, medically fit and a fit person to exercise the privileges of the licence.
Page 19-11 of 34 13:8.3 Civil Aviation Safety Regulations Schedule 19 (b) If an occurrence report suggests that the licence or certification holder does not continue to meet the standards for issuance of the license or certificate, the Authority must take appropriate action to re- examine the holder.

The purpose of this review is solely to ensure safety and shall not be conducted to penalize the holder.
19.100 POSSIBLE ACTION BY EMPLOYERS (a) Where a reported occurrence indicated an unpremeditated or inadvertent lapse by an employee, the employer shall act responsibly and to share its view that free and full reporting is the primary aim, and that every effort should be made to avoid action that may inhibit reporting.
(b) Employers shall refrain from disciplinary or punitive action which might inhibit their staff from duly reporting incidents of which they may have knowledge, that, except to the extent that action is needed in order to ensure safety, and except in such flagrant circumstances.
SUBPART D: PRESERVATION OF WRECKAGE & RECORDS 19.105 APPLICABILITY (a) This Subpart is applicable to all persons and organizations that have access to the wreckage and records that are critical to the investigation of the accident or serious incident.
19.110 PRESERVATION & PROTECTION OF WRECKAGE (a) All persons involved in the rescue, search and investigation of an accident shall take all reasonable 13:3.2 measures to protect the evidence and to maintain safe custody of the aircraft and its contents for such a period as may be necessary for the purposes of an investigation.

(1) Protection of evidence shall include the preservation, by photographic orother means of any evidence which might be removed, effaced, lost or destroyed.
(2) Safe custody shall include protection against further damage, access by unauthorized persons, pilfering and deterioration.
(b) The operator of an aircraft involved in an accident or incident for which notification must be given is responsible for preserving to the extent possible any aircraft wreckage, cargo, and mail aboard the aircraft, and all records, including all recording mediums of flight, maintenance, and voice recorders, pertaining to the operation and maintenance of the aircraft and to the airmen until the Authority takes custody thereof or a release is granted.
(c) The operator of an aircraft involved in an accident or incident shall retain all records, reports, internal documents, and memoranda dealing with the accident or incident, until authorized by the Authority to the contrary.
19.115 MOVING THE WRECKAGE (a) Prior to the time the Authority or its authorized representative takes custody of aircraft wreckage, mail, or cargo, such wreckage, mail, or cargo may not be disturbed or moved except to the extent necessary to— (1) Remove persons injured or trapped; (2) Protect the wreckage from further damage; or (3) Protect the public from injury.
(b) Where it is necessary to move aircraft wreckage, mail, or cargo, sketches, descriptive notes, and photographs shall be made, if possible, of the original positions and condition of the wreckage and any significant impact marks.
(c) If a request is received from the State of Registry, the State of the Operator, the State of Design or the State of Manufacture that the aircraft, its contents, and any other evidence remain undisturbed pending inspection by an accredited representative of the requesting State, the investigator-in-charge shall take all 13:3.3 Page 19-12 of 34 Civil Aviation Safety Regulations Schedule 19 necessary steps to comply with such request, so far as this is reasonably practicable and compatible with the proper conduct of the investigation; provided that the aircraft may be moved— (1) To the extent necessary to extricate persons, animals, mail and valuables; (2) To prevent destruction by fire or other causes; or (3) To eliminate any danger or obstruction to air navigation, to other transport or to the public, and (4) Provided that it does not result in undue delay in returning the aircraft to service where this is practicable.
19.120 RELEASE FROM CUSTODY 13:3.4 (a) Subject to the provisions of Section 19.110 and 19.115, the investigator-in-charge shall release custody of the aircraft, its contents or any parts thereof as soon as they are no longer required in the investigation, to any person or persons duly designated by the State of Registry or the State of the Operator, as applicable.
(b) For this purpose the investigator-in-charge shall facilitate access to the aircraft, its contents or any parts thereof, provided that, if the aircraft, its contents, or any parts thereof lie in an area within which the investigator-in-charge finds it impracticable to grant such access, it shall itself effect removal to a point where access can be given.
SUBPART E: ACCIDENT & INCIDENT INVESTIGATION 19.125 APPLICABILITY (a) This Subpart is applicable to the conduct of accident and incident investigations.

the persons who conduct the investigations and those persons that have information or records pertinent to the investigations.
19.130 RESPONSIBILITY FOR INVESTIGATION (a) The Authority is charged with fulfilling the obligations of the Government under Annex 13 to the Chicago Convention on International Civil Aviation and does so consistent with the requirements of the legislation and responsibilities of the Government of the Bahamas.

Annex 13 contains specific requirements for the notification, investigation, and reporting of certain incidents and accidents involving international civil aviation.
(b) In the case of an accident or incident in a foreign state involving civil aircraft of Bahamian registry, where the foreign state is a signatory to Annex 13 to the Chicago Convention of the International Civil Aviation Organization, the state of occurrence is responsible for the investigation.
(c) If the accident or incident occurs in a foreign state not bound by the provisions of Annex 13 to the Chicago Convention, or if the accident or incident involves a State aircraft (Annex 13 applies only to civil aircraft), the conduct of the investigation shall be in consonance with any agreement entered into between the Government of the Bahamas and the foreign state.
19.135 NATURE OF THE INVESTIGATION (a) Accident and incident investigations are conducted by the Authority to determine the facts, conditions, and circumstances relating to an accident or incident and the probable cause(s) thereof.

(b) These results are then used to ascertain measures that would best tend to prevent similar accidents or incidents in the future.

(c) The investigation includes the field investigation (on-scene at the accident, testing, teardown, etc.
), report preparation, and, where ordered, a public hearing.

(d) The investigation results in Authority conclusions issued in the form of a report or "brief" of the incident or accident.

(e) Accident/incident investigations are fact-finding proceedings with no formal issues and no adverse parties.

Page 19-13 of 34 Civil Aviation Safety Regulations Schedule 19 (f) These investigations are not conducted for the purpose of determining the rights or liabilities of any person.
19.140 RIGHT TO REPRESENTATION (a) Any person interviewed by an authorized representative of the Authority during the investigation, regardless of the form of the interview (sworn, unsworn, transcribed, not transcribed, etc.

), has the right to be accompanied, represented, or advised by an attorney or non-attorney representative.
19.145 ACCIDENT INQUIRY BOARD (a) The Minister with the portfolio for aviation may appoint an independent accident inquiry board in accordance with the Civil Aviation Act, as amended, for any accident or serious incident subject to the requirements of this Schedule involving— (1) Aircraft with a maximum gross takeoff mass of more than 5700 kg; and (2) Aircraft with a passenger-carrying capacity of 10 or more persons.
(b) Nothing in paragraph (a) precludes the establishment of an accident inquiry board for any other aircraft accident or incident.

(c) This accident inquiry board shall have the responsibility and authority for— (1) Ensuring the proper conduct and transparency of the investigation; (2) Determining the findings and the possible causal factors; (3) Developing safety recommendations based on the findings; (4) Completion and distribution of a Final Report.
(d) To meet these responsibilities, the accident inquiry board shall be able to, during the investigation— (1) Have the full support of the Authority and its personnel; (2) Have the support of other Ministries of the Government of the Bahamas; (3) Have access to all details, information, interviews, records and reports of technical experts; (4) Hold public inquiries to interview witnesses and technical experts; (5) Have access to the comments to the draft Final Report; and (6) Determine the final contents of the Final Report.
19.150 INVESTIGATOR-IN-CHARGE: DESIGNATION (a) The Authority shall designate the investigator-in-charge of the investigation and shall initiate the 13:5.5 investigation immediately.

(b) When an accident inquiry board is appointed, the investigator-in-charge shalll be relieved of all other duties and detailed to the board until the Final Report is distributed.

(c) The accident inquiry board may, after their appointment, replace the investigator-in-charge with a qualified person of their choice.
19.155 INVESTIGATOR-IN-CHARGE: ACCESS & CONTROL (a) The investigator-in-charge shall have unhampered access to the wreckage and all relevant material, including flight recorders and ATS records, and shall have unrestricted control over it to ensure that a detailed examination can be made without delay by authorized personnel participating in the investigation.
13:5.6 19.160 INVESTIGATOR-IN-CHARGE (a) The designated investigator-in-charge organizes, conducts, controls, and manages the field phase of the investigation, regardless of what other representatives of the Government are also on-scene at the accident or incident site.

(b) The investigator-in-charge has the responsibility and authority to supervise and coordinate all resources and activities of all personnel, both government and civilians, involved in the on-site investigation.
Page 19-14 of 34 Civil Aviation Safety Regulations Schedule 19 (c) The investigator-in-charge continues to have considerable organizational and management responsibilities throughout later phases of the investigation, up to and including the Authority’s consideration and adoption of a report or brief of probable cause(s).
19.165 AUTHORITY OF ACCIDENT INVESTIGATORS (a) Upon presentation of appropriate credentials, an authorized representative of the Authority is authorized to— (1) Enter any property where an accident/incident subject to the Authority’s jurisdiction has occurred; or (2) Wreckage from any such accident/incident is located; and (3) Do all things considered necessary for proper investigation.
(b) Further, upon demand of an authorized representative of the Authority and presentation of credentials, any Government agency, or person having possession or control of any transportation vehicle or component thereof, any facility, equipment, process or controls relevant to the investigation, or any pertinent records or memoranda shall forthwith permit inspection, photographing, or copying thereof by such authorized person for the purpose of investigating an accident or incident, or preparing a study, or related to any special investigation pertaining to safety or the prevention of accidents.
(c) The records and memoranda specified in paragraph (b) shall include all files, hospital records, and correspondence then or thereafter existing, and kept or required to be kept.

(d) , The representative of the Authority may issue a subpoena, enforceable in court, to obtain testimony or other evidence.

(e) A representative of the Authority may question any person having knowledge relevant to an accident/ incident, study, or special investigation.
(f) The representatives of the Authority also have exclusive authority, on behalf of the Authority, to decide the way in which any testing will be conducted, including— (1) Decisions on the person that will conduct the test; (2) The type of test that will be conducted; and (3) Any individual who will witness the test.
(g) The representative of the Authority, upon presenting appropriate credentials, is authorized to examine and test to the extent necessary any civil or state aircraft, aircraft engine, propeller, appliance, or property aboard such aircraft involved in an accident in commercial air transport.
19.170 AUTOPSY & MEDICAL EXAMINATIONS 13:5.9 (a) The investigator-in-charge, on behalf of the Authority, conducting the investigation into a fatal accident shall arrange for complete autopsy examination of fatally injured flight crew and, subject to the particular circumstances, of fatally injured passengers and cabin crew members, by a pathologist, preferably experienced in accident investigation.
(b) The investigator-in-charge is authorized to obtain, with or without reimbursement, a copy of the report of autopsy performed on any person who dies as a result of having been involved in a aircraft accident within the jurisdiction of the Authority.
(c) The investigator-in-charge, on behalf of the Authority, may order an autopsy or seek other tests of such persons as may be necessary to the investigation, provided that to the extent consistent with the needs of the accident investigation, provisions of local law protecting religious beliefs with respect to autopsies shall be observed.
(d) When appropriate, investigator-in-charge shall arrange for medical examination of the crew, passengers and involved aviation personnel, by a physician, preferably experienced in accident investigation.

(e) The investigator-in-charge shall ensure these examinations shall be expeditious and complete.

Page 19-15 of 34 Civil Aviation Safety Regulations Schedule 19 19.175 PARTIES TO THE INVESTIGATION (a) The investigator-in-charge designates parties to participate in the investigation.
Parties shall be limited to those persons, government agencies, companies, and associations whose employees, functions, activities, or products were involved in the accident or incident and who can provide suitable qualified technical personnel actively to assist in the investigation.

No other entity is afforded the right to participate in accident investigations by the Authority.
(b) Participants in the investigation (i.e., party representatives, party coordinators, and/or the larger party organization) shall be responsive to the direction of representatives the Authority and may lose party status if they do not comply with their assigned duties, actively proscriptions or instructions, or if they conduct themselves in a manner prejudicial to the investigation.
(c) No party to the investigation shall be represented in any aspect of the Authority’s investigation by any person who also represents claimants or insurers.

No party representative may occupy a legal position.

Failure to comply with these provisions may result in sanctions, including loss of status as a party.
(d) In addition to compliance with the provisions of paragraph (a) of this Section, and to assist in ensuring complete understanding of the requirements and limitations of party status, all party representatives in aviation investigations shall sign a statement containing these requirements and limitations immediately upon attaining party representative status.

Failure timely to sign that statement may result in sanctions, including loss of status as a party.
19.180 ACCESS TO & RELEASE OF WRECKAGE, RECORDS, MAIL & CARGO (a) Only the accident investigation personnel of the Authority, and persons authorized by the investigator-in- charge to participate in any particular investigation, examination or testing shall be permitted access to wreckage, records, mail, or cargo in the Authority's custody.
(b) Wreckage, records, mail, and cargo in the Authority's custody shall be released when it is determined that the Authority has no further need of such wreckage, mail, cargo, or records.

19.185 NOTIFICATION OF AFFECTED STATES (a) The investigator-in-charge shall ensure that the notifications of other States and the ICAO of the accident or incident and the instituting of the investigation.
(b) The collection and recording of information shall not be delayed to await the arrival of an accredited representative.

19.190 FLIGHT RECORDERS: ACCIDENTS & INCIDENTS (a) Effective use shall be made of flight recorders in the investigation of an accident or an incident.

The 13:5.7 investigator-in-charge shall arrange for the read-out of the flight recorders without delay.
(b) During the conduct of an accident or incident investigation, the investigator-in-charge determines that adequate facilities to read out the flight recorders are not available in the Bahamas, he may use the facilities made available to by other States, giving consideration to the following— (1) The capabilities of the read-out facility; (2) The timeliness of the read-out; and (3) The location of the read-out facility.
13:5.8 19.195 COORDINATION: JUDICIAL AUTHORITIES (a) The judicial authorities of the Bahamas shall ensure support, coordination and access of the investigator-in- 13:5.10 charge or his assigned representative during the conduct of an accident investigation.
Page 19-16 of 34 Civil Aviation Safety Regulations Schedule 19 (b) This coordination and support shall include any evidence which requires prompt recording and analysis for the investigation to be successful, such as the examination and identification of victims and read-outs of flight recorder recordings.
19.200 INFORMING AVIATION SECURITY AUTHORITIES 13:5.11 (a) If, in the course of an investigation it becomes known, or it is suspected, that an act of unlawful interference was involved, the investigator-in-charge shall immediately initiate action to ensure that the aviation security authorities of the State(s) concerned are so informed.
19.205 FLOW & DISSEMINATION OF ACCIDENT OR INCIDENT INFORMATION (a) Release of information during the field investigation, particularly at the accident scene, shall be limited to factual developments, and shall be made only through the designated representative of the Government.
(b) All information concerning the accident or incident obtained by any person or organization participating in the investigation shall be passed to the investigator-in-charge through appropriate channels before being provided to any individual outside the investigation.

(c) Parties to the investigation may relay to their respective organizations information necessary for purposes of prevention or remedial action.
(d) However, no information concerning the accident or incident may be released to any person not a party representative to the investigation (including non-party representative employees of the party organization) before initial release by the Authority without prior consultation and approval of the investigator-in-charge.
19.210 PROPOSED FINDINGS (a) Any person, government agency, company, or association whose employees, functions, activities, or products were involved in an accident or incident under investigation may submit to the Authority written proposed findings to be drawn from the evidence produced during the course of the investigation, a proposed probable cause, and/or proposed safety recommendations designed to prevent future accidents.
(b) To be considered, these submissions must be received before the matter is calendared for consideration at a meeting chaired by the Authority.

All written submissions are expected to have been presented to staff in advance of the formal scheduling of the meeting.

This procedure ensures orderly and thorough consideration of all views.
19.215 NON-DISCLOSURE OF RECORDS (a) During the conduct of aninvestigation of an accident or incident, no person may make the following records available for purposes other than accident or incident investigation, unless Attorney-General determines that their disclosure outweighs the adverse domestic and international impact such action may have on that or any future investigations— (1) All statements taken from persons by the investigation authorities in the course of their investigation; (2) All communications between persons having been involved in the operation of the aircraft; (3) Medical or private information regarding persons involved in the accident or incident; (4) Cockpit voice recordings and transcripts from such recordings; and (5) Recordings and transcriptions of recordings from air traffic control units; and (6) Opinions expressed in the analysis of information, including flight recorder information.
13:5.12 13:5.12.1 (b) These records shall be included in the final report or its appendices only when pertinent to the analysis of the accident or incident.

(c) Those records or parts of the records collected during the investigation but not deemed relevant to the analysis shall not be disclosed.
Page 19-17 of 34 Civil Aviation Safety Regulations Schedule 19 19.220 RE-OPENING OF THE INVESTIGATION (a) If new and significant evidence becomes available after the investigation of an accident that occurred within 13:5.13 the jurisdiction of the Bahamas has been closed, the Authority shall re-open the investigation.
(b) If new and significant evidence becomes available to the Authority regarding an accident that occurred in another State, that evidence shall be transmitted to the appropriate authorities of the State which instituted the original investigation.

(c) If the Authority would like to re-open an investigation that was not instituted by the Government of The Bahamas, the consent of appropriate authorities of the State which instituted the investigation shall be obtained.
SUBPART F: RESPONSIBILITY OF INVESTIGATING STATE 19.225 APPLICABILITY (a) This Subpart is applicable to international obligations in the event of an accident or incident investigation.where the Bahamas is the State of Occurrence or the Investigating State.
19.230 NOTIFICATION OF OTHER STATES (a) In situations where the Bahamas is the State of Occurrence, the Authority shall ensure the forwarding of the notification of an accident or serious incident with a minimum of delay and by the most suitable and quickest means available to— (1) The State of Registry; (2) The State of the Operator; (3) The State of Design; (4) The State of Manufacture; and (5) The International Civil Aviation Organization, when the aircraft involved is of a maximum mass of over 2250kg.
(b) In situations where the Bahamas is the State of Registry and the Authority institutes the investigation of an accident or serious incident, the investigator-in-charge shall forward a notification contain the format and content specified in Section 19.235, with a minimum of delay and by the most suitable and quickest means available, to the other States listed in paragraph (a).
13:4.8 (c) In situations where the Bahamas is either the State of Registry or the State of the Operator, if it is determined that the civil aviation authorities of the State of Occurrence is not aware of a serious incident, the Authority shall forward a notification of such an incident to the— (1) State of Design; (2) State of Manufacture; and (3) State of Occurrence 19.235 FORMAT & CONTENT OF NOTIFICATION (a) The notification shall be in plain language and contains as much of the following information as is readily available, but the notification process shall not be delayed due to the lack of complete information— (1) Ffor accidents the identifying abbreviation ACCID, for serious incidents INCID; (2) Manufacturer, model, nationality and registration marks, and serial number of the aircraft; (3) Name of owner, operator and hirer, if any, of the aircraft; (4) Name of the pilot-in-command, and nationality of crew and passengers (5) Date and time (local time or UTC) of the accident or serious incident; (6) Last point of departure and point of intended landing of the aircraft; 13:4.1 13:4.2 Page 19-18 of 34 Civil Aviation Safety Regulations Schedule 19 (7) Position of the aircraft with reference to some easily defined geographical point and latitude and longitude; (8) Number of crew and passengers; aboard, killed and seriously injured; others, killed and seriously injured; (9) Description of the accident or serious incident and the extent of damage to the aircraft so far as is known (10) An indication to what extent the investigation will be conducted or is proposed to be delegated by the State of Occurrence; (11) Physical characteristics of the accident or serious incident area, as well as an indication of access difficulties or special requirements to reach the site; (12) Identification of the originating authority and means to contact the investigator-in-charge and the accident investigation authority of the State of Occurrence at anytime; and (13) Presence and description of dangerous goods on board the aircraft.
19.240 LANGUAGE TO BE USED IN THE NOTIFICATION 13:4.3 (a) The notification shall be prepared in English, taking into account the language of the recipient(s), whenever it is possible to do so without causing undue delay.
19.245 ADDITIONAL RELEVANT INFORMATION 13:4.4 (a) As soon as it is possible to do so, the Authority shall dispatch the details omitted from the notification as well as other known relevant information to all applicable States.. 19.250 EXPECTATIONS OF PARTICIPATION OF STATES 13:4.5 (a) The State of Registry, the State of the Operator, the State of Design and the State of Manufacture should acknowledge receipt of the notification of an accident or serious incident.
13:4.6 13:4.7 (b) If these acknowledgements do not occur in a timely fashion, the Authority will contact the civil aviation authorities of the States on an informal and individual basis.

(c) The State of Registry, the State of the Operator, the State of Design and the State of Manufacture are expected to appoint an accredited representative when specifically requested to do so by the State conducting the investigation ofan accident to an aircraft over 2 250 kg.
The participation of their representatives are encouraged for the usefulness of their presence and participation in the investigation.

19.255 EXPECTATIONS FOR INFORMATION FROM OTHER STATES (a) Upon receipt of the notification, the State of Registry, the State of the Operator, the State of Design and the State of Manufacture should, as soon as possible, provide the Authority with any relevant information available to them regarding the aircraft and flight crew involved in the accident or serious incident.
(b) Upon receipt of the notification, the State of the Operator should, with a minimum of delay and by the most suitable and quickest means available, provide the Authority with details of dangerous goods on board the aircraft.
(c) Each State should also inform the Authority— (1) Whether it intends to appoint an accredited representative; and (2) If such an accredited representative is appointed, the name and contact details; as well as the expected date of arrival if the accredited representative will travel to the Bahamas.

19.260 CONDUCT OF THE INVESTIGATION (a) The Authority shall ensure that the conduct of the investigation is accomplished within the authority and limitations of Subpart E of this Schedule..
Page 19-19 of 34 Civil Aviation Safety Regulations Schedule 19 19.265 COORDINATION OF PARTICIPATION OF OTHER STATES (a) The Authority shall ensure the proper coordination and participation of the representative, advisors and technical experts in accordance with the provisions of Subparts H and I.
19.270 TIMELY COMPLETION OF PERTINENT REPORTS (a) The Authority shall ensure the timely and completeness of all required reports specified in Subpart J. SUBPART G: BAHAMAS NOT THE STATE OF OCCURRENCE 19.275 APPLICABILITY (a) This Subpart is applicable to international obligations in the event of an accident or incident investigation.where the Bahamas is not the State of Occurrence, but is the— (1) State of Registry; (2) State of the Operator; (3) State of Manufacturer; and/or (4) State of Design 19.280 ACTIONS FOLLOWING RECEIPT OF NOTIFICATION (a) The Authority shall acknowledge receipt of the notification of an accident or serious incident from the State of Occurrence.
(b) The Authority shall also inform the State of Occurrence— 13:4.9 (1) Whether it intends to appoint an accredited representative; and If such an accredited representative is appointed, the name and contact details; as well as (2) (3) The expected date of arrival if the accredited representative will be present at the investigation.
19.285 TIMELY PROVISION OF RELEVANT INFORMATION (a) Upon receipt of the notification, the Authority shall, upon request, provide the State of Occurrence with any relevant information available to them regarding the flight crew and the aircraft involved in the accident or serious incident.
13:4.10 (b) Upon receipt of the notification, the Authority shall, with a minimum of delay and by the most suitable and quickest means available, provide the State of Occurrence with details of dangerous goods on board the aircraft.

13:4.11 19.290 PROVISION OF ADDITIONAL INFORMATION (a) The Authority shall, on request from the State conducting the investigation of an accident or an incident, 13:5.14 provide that State with all the relevant information available to the Authority.
(b) The Authority shall, when the facilities or services of the Bahamas have been, or would normally have been, used by an aircraft prior to an accident or an incident, and if it has information pertinent to the investigation, shall provide such information to the State conducting the investigation.
13:5.15 19.295 PROTECTION & PROVISION OF FLIGHT RECORDER RECORDS (a) When an aircraft involved in an accident or a serious incident lands in the Bahamas, the Authority shall, on 13:5.16 request from the State conducting the investigation, furnish the latter State with the— (1) Flight recorder records; and (2) If necessary, the associated flight recorders.
Page 19-20 of 34 Civil Aviation Safety Regulations Schedule 19 19.300 PROVISION OF RELATED ORGANIZATION INFORMATION 13:5.17 (a) The Authority shall,,on request from the State conducting the investigation, shall provide pertinent information on any organization whose activities may have directly or indirectly influenced the operation of the aircraft.
19.305 REQUIRED APPOINTMENT OF AN ACCREDITED REPRESENTATIVE 13:5.22 (a) When the State conducting an investigation of an accident to an aircraft of a maximum mass of over 2250 kg specifically requests participation of the Bahamas, the Authority shall appoint an accredited representative.
19.310 ACTION ON SAFETY RECOMMENDATIONS 13:6.10 (a) When the Authority receives proposed safety recommendations from another State based on an accident or incident investigation, an evaluation of the proposals shall be conducted.

(b) Following that evaluation, the Authority shall inform the proposing State of the— (1) Preventive action taken or under consideration; or (2) Reasons why no action will be taken; or (3) Alternative proposals for preventive action other than the original safety recommendations.
SUBPART H: RIGHT OF PARTICIPATION IN INVESTIGATION 19.315 APPLICABILITY (a) This Subpart provides the requirements for allowing the participation of accredited representatives, their advisors and other experts to assist in the accident investigation, reports and safety recommendations.

(b) The investigator in charge will ensure that these persons are included in the accident and incident investigation to the extent of their entitlement.
19.320 STATES ENTITLED TO APPOINT A REPRESENTATIVE (a) The following States are entitled to appoint an accredited representative to participate in an accident or 13:5.18 incident investigation conducted by the Authority— (1) The State of Registry; (2) The State of the Operator; (3) The State of Design; and (4) The State of Manufacture.

(b) The State that designed or manufactured the powerplant or major components of the aircraft shall also be invited to participate in the investigation of an accident.
13:5.23 (c) Any State which on request provides information, facilities or experts to the Authority shall be entitled to appoint an accredited representative to participate in the investigation.
(d) Any State that provides an operational base for field investigations, or is involved in search and rescue or wreckage recovery operations, or is involved as a State of a code-share or alliance partner of the operator, shall also be invited to appoint an accredited representative to participate in the investigation.
19.325 ADDITIONAL INVITED PARTICIPANTS 13:5.19.1 (a) If neither the State of Registry, nor the State of the Operator appoint an accredited representative, the Authority shall invite the operator to participate, subject to the procedures of the State conducting the investigation.
Page 19-21 of 34 Civil Aviation Safety Regulations Schedule 19 (b) When neither the State of Design nor the State of Manufacture appoint an accredited representative, the 13:5.21 Authority shall invite the organizations responsible for the type design and the final assembly of the aircraft to participate, subject to the procedures of the Authority.
19.330 APPOINTMENT OF ADVISORS TO THE ACCREDITED REPRESENTATIVES (a) The State of Registry or the State of the Operator may appoint one or more advisors, proposed by the 13:5.19 operator, to assist its accredited representative.

(b) The State of Design and the State of Manufacture shall be entitled to appoint one or more advisors, 13:5.20 proposed by the organizations responsible for the type design and the final assembly of the aircraft, to assist their accredited representatives.
19.335 STATES WITH FATALITIES OR SERIOUS INJURIES TO ITS CITIZENS (a) A State which has a special interest in an accident by virtue of fatalities or serious injuries to its citizens shall, upon making a request to do so, be permitted by the Authority to appoint an expert who shall be entitled to— (1) Visit the scene of the accident; (2) Have access to the relevant factual information; (3) Participate in the identification of the victims; (4) Assist in questioning surviving passengers who are citizens of the expert’s State; and (5) Receive a copy of the Final Report.
13:5.27 SUBPART I: ENTITLEMENT OF ACCREDITED REPRESENTATIVES 19.340 APPLICABILITY (a) This Subpart provides the requirements that will be applied to the accredited representatives that participate in the investigation of aircraft accidents and incidents in the Bahamas.

(b) The investigator-in-charge shall ensure that these accredited representatives are accorded the appropriate entitlements.
19.345 ACCREDITED REPRESENTATIVES & THEIR ADVISORS (a) A State entitled to appoint an accredited representative shall also be entitled to appoint one or more 13:5.24 advisors to assist the accredited representative in the investigation (b) .A State participating in an investigation may call upon the best technical experts from any source and appointing such experts as advisors to its accredited representative.
(c) Advisors assisting accredited representatives shall be permitted, under the accredited representatives’ 13:5.24.1 supervision, to participate in the investigation to the extent necessary to enable the accredited representatives to make their participation effective.
19.350 PARTICIPATION (a) The accredited representatives, their advisors and other invited participants may participate in all aspects of 13:5.25 the investigation, under the control of the investigator-in-charge, in particular to— (1) Visit the scene of the accident; (2) Examine the wreckage; (3) Obtain witness information and suggest areas of questioning; (4) Have full access to all relevant evidence as soon as possible; (5) Receive copies of all pertinent documents; (6) Participate in read-outs of recorded media; Page 19-22 of 34 Civil Aviation Safety Regulations Schedule 19 (7) Participate in off-scene investigative activities such as component examinations, technical briefings, tests and simulations; (8) Participate in investigation progress meetings including deliberations related to analysis, findings, causes and safety recommendations; and (9) Make submissions in respect of the various elements of the investigation.
(b) However, participation of States other than the State of Registry, the State of the Operator, the State of Design and the State of Manufacture may be limited to those matters which entitled such States to participation under Section 19.335.

19.355 PROCEDURES (a) All participants in the accident or incident investigation, or part thereof, shall be subject to the restrictions and procedures of the Bahamas, as administered by the investigator-in-charge.tion, or part thereof, is being conducted.
19.360 LIMITS TO ENTITLEMENT (a) Nothing in this Schedule precludes the Authority from extending participation beyond the entitlement enumerated herein.

(b) The pertinent documents referred to in subparagraph e) also include documents such as the reports on examinations of components or studies performed within the framework of the investigation.
19.365 OBLIGATIONS 13:5.26 (a) Accredited representatives and their advisors— (1) Shall provide the State conducting the investigation with all relevant information available to them; and (2) Shall not divulge information on the progress and the findings of the investigation without the express consent of the Authority conducting the investigation.
(b) Nothing in paragraph (a) precludes prompt release of facts when authorized by the investigator-in-charge of the investigation, nor does this Section preclude accredited representatives from reporting to their respective States in order to facilitate appropriate safety actions.
SUBPART J: ACCIDENT REPORTS 19.370 APPLICABILITY (a) This Subpart is applicable to the reports that are completion, editing and distribution of the reports that are required in the accident and serious incident investigation process.

(b) This Subpart is applicable to the personnel of the Accident Inquiry Board and their assigned investigators and the personnel of the Authority supporting the investigation.
Subdivision I: General 19.375 SAFETY OF FLIGHT (a) When matters directly affecting safety are determined to involved in an accident or serious incident, the Authority shall forward that information is forwarded to the appropriate States and ICAO— (1) As soon as the information is available; and (2) By the most suitable and quickest means available.
19.380 LANGUAGE 13:4.3 13:7.3 (a) All notifications and reports by the Authority during the course of accident and incident investigation shall be submitted to appropriate States and to the ICAO in English.
Page 19-23 of 34 Civil Aviation Safety Regulations Schedule 19 19.385 RELEASE OF INFORMATION: CONSENT (a) No person may circulate, publish or give access to a draft report or any part thereof, or any documents 13:6.2 obtained during an investigation of an accident or incident, without the express consent of the Authority , unless such reports or documents have already been published or released by the government of the Bahamas.
Subdivision II: Preliminary Report 19.390 REQUIRED REPORT (a) During the investigation of an aircraft accident or serious incident, the Authority shall complete a Preliminary Report outlining the facts, observations and findings of the investigators at the time of the report.
19.395 ACCIDENTS TO AIRCRAFT OVER 2,250 KG (a) When an aircraft involved in an accident is of a maximum mass of over 2.250 kg, the Authority shall send 13:7.1 the Preliminary Report to— (1) The State of Registry or the State of Occurrence, as appropriate; (2) The State of the Operator; (3) The State of Design; (4) The State of Manufacture; (5) Any State that provided relevant information, significant facilities or experts; and (6) The International Civil Aviation Organization.
19.400 ACCIDENTS TO AIRCRAFT OF 2,250 KG OR LESS (a) When an aircraft, a maximum mass of 2,250 kg or less, is involved in an accident and when airworthiness 13:7.2 or matters considered to be of interest to other States are involved, the Authority shall forward the Preliminary Report to— (1) The State of Registry or the State of Occurrence, as appropriate; (2) The State of the Operator; (3) The State of Design; (4) The State of Manufacture; and (5) Any State that provided relevant information, significant facilities or experts.
19.405 TIMELY SUBMISSION OF THE PRELIMINARY REPORT (a) The Authority shall send the Preliminary Report by facsimile, e-mail, or airmail within thirty days of the date 13:7.4 of the accident, unless the Accident/Incident Data Report has already been sent by that time.
Subdivision III: Accident or Incident Data Report 19.410 REQUIRED REPORT (a) During the investigation of an aircraft accident or serious incident, the Authority shall complete an Accident or Incident Data Report in the form and manner prescribed by ICAO.

19.415 ACCIDENTS TO AIRCRAFT OVER 2,250 KG (a) When the aircraft involved in an accident is of a maximum mass of over 2,250 kg, the Authority shall send, 13:7.5 as soon as practicable after the investigation, the Accident Data Report to ICAO.
Page 19-24 of 34 Civil Aviation Safety Regulations Schedule 19 19.420 ADDITIONAL INFORMATION 13:7.6 (a) The Authority shall, upon request, provide other States with pertinent information additional to that made available in the Accident/Incident Data Report.
19.425 INCIDENTS TO AIRCRAFT OVER 5,700 KG 13:7.7 (a) When the Authority conducts an investigation into an incident to an aircraft of a maximum mass of over 5,700 kg, the Incident Data Report shall be sent to the ICAO as soon as practicable after the investigation.. Subdivision IV: Final Report 19.430 REQUIRED REPORT (a) During the investigation of an aircraft accident or serious incident, the investigator-in-charge shall ensure the drafting, coordination and completion of a Final Report of that investigation in sufficient detail for analysis by the Authority, other States and ICAO.
19.435 CONSULTATION WITH OTHER STATES 13:6.3 (a) The Authority shall send a copy of the draft Final Report to the State that instituted the investigation and to all States that participated in the investigation, inviting their significant and substantiated comments on the report as soon as possible.
(b) The draft Final Report of the investigation shall be sent for comments to— 13:6.3.1 13:6.3.2 (1) The State of Registry; (2) The State of the Operator; (3) The State of Design; and (4) The State of Manufacture.

(c) When sending the draft Final Report to recipient States, the Authority shall use the most suitable and quickest means available, such as facsimile, email, courier service or express mail.
19.440 INVITING COMMENTS FROM OTHER INTERESTED PARTIES (a) The Authority shall also send, through the State of the Operator, a copy of the draft Final Report to the operator to enable the operator to submit comments on the draft Final Report.
(b) The Authority shall send, through the State of Design and the State of Manufacture, a copy of the draft Final Report to the organizations responsible for the type design and the final assembly of the aircraft to enable them to submit comments on the draft Final Report.
19.445 PROCESSING OF TIMELY COMMENTS (a) If the Authority receives comments within sixty days of the date of the transmittal letter, it shall either — (1) Amend the draft Final Report to include the substance of the comments received; or (2) If desired by the State that provided comments, append the comments to the Final Report.
(b) If the Authority receives no comments within sixty days of the date of the first transmittal letter, it shall issue the Final Report, unless an extension of that period has been agreed by the States concerned.
(c) During the course of the investigation, the Authority may consult with other States, such as those States which provided relevant information, significant facilities, or experts who participated in the investigation.. (d) Comments to be appended to the Final Report are restricted to non-editorial-specific technical aspects of the Final Report upon which no agreement could be reached.
Page 19-25 of 34 Civil Aviation Safety Regulations Schedule 19 19.450 RECIPIENT STATES (a) The Authority shall send the Final Report of the investigation of an accident with a minimum of delay by the 13:6.4 State conducting the investigation to— (1) The State that instituted the investigation; (2) The State of Registry; (3) The State of the Operator; (4) The State of Design; (5) The State of Manufacture; (6) Any State having suffered fatalities or serious injuries to its citizens; and (7) Any State that provided relevant information, significant facilities or experts.
19.455 RELEASE OF THE FINAL REPORT (a) In the interest of accident prevention, the Authority shall release the Final Report of an accident or serious 13:6.5 incident as soon as possible.

(b) The Authority shall release the Final Report in the shortest possible time and, if possible, within twelve 13:6.6 months of the date of the occurrence.
(c) If the report cannot be released within twelve months, the Authority shall release an interim report on each anniversary of the occurrence, detailing the progress of the investigation and any safety issues raised.

(d) When the Authority has released a Final Report of an investigation into an accident or an incident involving 13:6.7 an aircraft of a maximum mass of over 5,700 kg, it shall send a copy of that report to the ICAO.
19.460 SAFETY RECOMMENDATIONS (a) At any stage of the investigation of an accident or incident, investigator-in-charge conducting the 13:6.8 investigation shall recommend to the appropriate authorities, including those in other States, any preventive action that it considers necessary to be taken promptly to enhance aviation safety.
(b) The Authority shall address, when appropriate, any safety recommendations arising out of its investigations 13:6.9 to the accident investigation authorities of other State(s) concerned.
19.465 WHEN ICAO DOCUMENTS ARE INVOLVED (a) The Authority shall address, when appropriate, any safety recommendations arising out of its investigations 13:6.9 to ICAO, when ICAO documents are involved.. (b) When Final Reports contain safety recommendations addressed to ICAO, because ICAO documents are involved, the Authority shall ensure that these reports must be accompanied by a letter outlining the specific action proposed.
The Remainder of This Page Intentionally Left Blank Page 19-26 of 34 Civil Aviation Safety Regulations Schedule 19 APPENDICES APPENDIX 1 TO 19.070: MANDATORY REPORTS: AIRCRAFT FLIGHT OPERATIONS (a) Occurrences during operations of an aircraft that involve— (1) Avoidance manoeuvres— (i) Risk of collision with another aircraft, terrain or other object or an unsafe situation when avoidance action would have been appropriate; (ii) An avoidance manoeuvre required to avoid a collision with another aircraft, terrain or other object; (iii) An avoidance manoeuvre to avoid other unsafe situations.
(2) Take-off or landing incidents, including precautionary or forced landings.

Incidents such as— (i) Under-shooting, overrunning or running off the side of runways (ii) Take-offs, rejected take-offs, landings or attempted landings on a closed, occupied or incorrect runway; and (iii) Runway incursions.

Inability to achieve predicted performance during take-off or initial climb.

(3) (4) Critically low fuel quantity or inability to transfer fuel or use total quantity of usable fuel.
(5) Loss of control (including partial or temporary) regardless of cause.

(6) Occurrences close to or above V1 resulting from or producing a hazardous or potentially hazardous situation (e.g.

rejected take-off, tail strike, engine-power loss etc.).

(7) Go around producing a hazardous or potentially hazardous situation.

(8) Unintentional significant deviation from airspeed, intended track or altitude (more than 300 ft) regardless of cause.
(9) Descent below decision height/altitude or minimum descent height/altitude without the required visual reference.

(10) Loss of position awareness relative to actual position or to other aircraft.

(11) Breakdown in communication between flight crew "CRM" (crew resource management) or between flight crew and other parties (cabin crew, ATC [air traffic control] engineering).

(12) Heavy landing - a landing deemed to require a "heavy landing check".

(13) Exceedance of fuel imbalance limits.


(14) Incorrect setting of an "SSR" (secondary surveillance radar) code or of an altimeter subscale.

(15) Incorrect programming of, or erroneous entries into, equipment used for navigation or performance calculations, or use of incorrect data.

(16) Incorrect receipt or interpretation of radio-telephony messages.

(17) Fuel system malfunctions or defects, which had an effect on fuel supply and/or distribution.
(18) Aircraft unintentionally departing from a paved surface.

(19) Collision between an aircraft and any other aircraft, vehicle or other ground object.

(20) Inadvertent and/or incorrect operation of any controls.

(21) Inability to achieve the intended aircraft configuration for any flight phase (e.g.

landing gear and gear doors, flaps, stabilisers, slats etc.).
(22) A hazard or potential hazard which arises as a consequence of any deliberate simulation of failure conditions for training, system checks or training purposes.

(23) Abnormal vibration.

(24) Operation of any primary warning system associated with manoeuvring the aircraft, such as a configuration warning, stall warning (stick shaker), over-speed warning etc.
unless— (i) The crew conclusively established that the indication was false and provided that the false warning did not result in difficulty or hazard arising from the crew response to the warning; or Page 19-27 of 34 Civil Aviation Safety Regulations Schedule 19 (ii) Operated for training or test purposes.
(1) "GPWS" (ground proximity warning system)/"TAWS" (terrain awareness and warning system) "warning" when— (iii) The aircraft comes into closer proximity to the ground than had been planned or anticipated; or (iv) The warning is experienced in instrument meteorological conditions or at night and is established as having been triggered by a high rate of descent (mode 1); or (v) The warning results from failure to select landing gear or landing flaps by the appropriate point on the approach (mode 4); or (vi) Any difficulty or hazard arises or might have arisen as a result of crew response to the "warning" e.g.
possible reduced separation from other traffic.

This could include warning of any mode or type i.e.

genuine, nuisance or false.

(25) GPWS/TAWS "alert" when any difficulty or hazard arises or might have arisen as a result of crew response to the "alert".

(26) "ACAS" (air collision advisory system) "RA"s (resolution advisories).

(27) Jet or prop blast incidents resulting in significant damage or serious injury.

(28) Landing at the wrong aerodrome.


(b) Occurrences resulting in emergencies, including— (1) Fire, explosion, smoke or toxic or noxious fumes, even though fires were extinguished.

(2) The use of any non-standard procedure by the flight or cabin crew to deal with an emergency when— (i) The procedure exists but is not used; (ii) The procedure does not exist; (iii) The procedure exists but is incomplete or inappropriate; (iv) The procedure is incorrect; (v) The incorrect procedure is used.
(3) Inadequacy of any procedures designed to be used in an emergency, including when being used for maintenance, training or test purposes.

(4) An event leading to an emergency evacuation.

(5) Depressurization.

(6) The use of any emergency equipment or prescribed emergency procedures in order to deal with a situation.

(7) An event leading to the declaration of an emergency ("Mayday" or "PAN").
(8) Failure of any emergency system or equipment, including all exit doors and lighting, to perform satisfactorily, including when being used for maintenance, training or test purposes.

(9) Events requiring any use of emergency oxygen by any crew member.

(c) Occurrences involving crew incapacitation, including— (1) (2) Incapacitation of any member of the flight crew, including that which occurs prior to departure if it is considered that it could have resulted in incapacitation after take-off.
Incapacitation of any member of the cabin crew which renders them unable to perform essential emergency duties.

(d) Occurrences involving Injury, including any occurrences which have or could have led to significant injury to passengers or crew but which are not considered reportable as an accident.

(e) Occurrences related to meteorology, including– (1) A lightning strike which resulted in damage to the aircraft or loss or malfunction of any essential service.
(2) A hail strike which resulted in damage to the aircraft or loss or malfunction of any essential service.

Page 19-28 of 34 Civil Aviation Safety Regulations Schedule 19 (3) Severe turbulence encounter, an encounter resulting in injury to occupants or deemed to require a "turbulence check" of the aircraft.

(4) A windshear encounter.

(5) Icing encounter resulting in handling difficulties, damage to the aircraft or loss or malfunction of any essential service.
(f) Security occurrences, including— (1) Unlawful interference with the aircraft including a bomb threat or hijack.

(2) Difficulty in controlling intoxicated, violent or unruly passengers.

(3) Discovery of a stowaway.

(g) Other occurrences, including— (1) Repetitive instances of a specific type of occurrence which in isolation would not be considered "reportable" but which due to the frequency with which they arise, form a potential hazard.
(2) A bird strike which resulted in damage to the aircraft or loss or malfunction of any essential service.

(3) Wake-turbulence encounters.

(4) Any other occurrence of any type considered to have endangered or which might have endangered the aircraft or its occupants on board the aircraft or persons on the ground.

APPENDIX 2 TO 19.070: MANDATORY REPORTS: AIRCRAFT TECHNICAL (a) Structural occurrences, including— Note: Not all structural failures need to be reported.
Engineering judgment is required to decide whether a failure is serious enough to be reported.

The following examples can be taken into consideration: (1) Damage to a "PSE" (principal structural element) that has not been designated as damage-tolerant (life-limited element).
PSEs are those which contribute significantly to carrying flight, ground, and pressurization loads, and the failure of which could result in a catastrophic failure of the aircraft; (2) Defect or damage exceeding admissible damages to a PSE that has been designated as damage-tolerant; (3) Damage to or defect exceeding allowed tolerances of a structural element, the failure of which could reduce the structural stiffness to such an extent that the required flutter, divergence or control reversal margins are no longer achieved; (4) Damage to or defect of a structural element, which could result in the liberation of items of mass that may injure occupants of the aircraft; (5) Damage to or defect of a structural element, which could jeopardise proper operation of systems.
(6) Loss of any part of the aircraft structure in flight.

(b) Aircraft systems occurrences, including— (1) Loss, significant malfunction or defect of any system, subsystem or set of equipment when standard operating procedures, drills etc.
could not be satisfactorily accomplished; Inability of the crew to control the system, including— (2) (i) Uncommanded actions, (ii) Incorrect and/or incomplete response, including limitation of movement or stiffness, (iii) Runaway, (iv) Mechanical disconnection or failure; (3) Failure or malfunction of the exclusive function(s) of the system (one system could integrate several functions); Page 19-29 of 34 Civil Aviation Safety Regulations Schedule 19 Interference within or between systems; (4) (5) Failure or malfunction of the protection device or emergency system associated with the system; (6) Loss of redundancy of the system; (7) Any occurrence resulting from unforeseen behaviour of a system.
(8) For aircraft types with single main systems, subsystems or sets of equipment, loss, significant malfunction or defect in any main system, subsystem or set of equipment.

(9) For aircraft types with multiple independent main systems, subsystems or sets of equipment, the loss, significant malfunction or defect of more than one main system, subsystem or set of equipment.
(10) Operation of any primary warning system associated with aircraft systems or equipment unless the crew conclusively established that the indication was false, provided that the false warning did not result in difficulty or hazard arising from the crew response to the warning; (11) Leakage of hydraulic fluids, fuel, oil or other fluids which resulted in a fire hazard or possible hazardous contamination of aircraft structure, systems or equipment, or risk to occupants; (12) Malfunction or defect of any indication system when this results in the possibility of misleading indications to the crew; (13) Any failure, malfunction or defect if it occurs at a critical phase of the flight and is relevant to the system operation; (14) Significant shortfall of the actual performances compared to the approved performance which resulted in a hazardous situation (taking into account the accuracy of the performance- calculation method) including braking action, fuel consumption etc.
; (15) Asymmetry of flight controls; e.g.

flaps, slats, spoilers etc.

(c) Propulsion (including engines, propellers and rotor systems) and APUs (auxiliary power units)— (1) Flameout, shutdown or malfunction of any engine.

(2) Overspeed or inability to control the speed of any high-speed rotating component (for example: APU, air starter, air cycle machine, air turbine motor, propeller or rotor).
(3) Failure or malfunction of any part of an engine or powerplant resulting in any one or more of the following— (i) Non-containment of components/debris; (ii) Uncontrolled internal or external fire, or hot gas breakout; (iii) Thrust in a direction different from that demanded by the pilot; (iv) Thrust-reversing system failing to operate or operating inadvertently; (v) Inability to control power, thrust or revolutions per minute; (vi) Failure of the engine mount structure; (vii) Partial or complete loss of a major part of the powerplant; (viii) Dense visible fumes or concentrations of toxic products sufficient to incapacitate crew or passengers; (ix) Inability, by use of normal procedures, to shutdown an engine; (x) Inability to restart a serviceable engine.
(xi) An uncommanded thrust/power loss, change or oscillation which is classified as a "LOTC" (loss of thrust or power control)— (xii) For a single-engine aircraft; or (xiii) Where it is considered excessive for the application; or (xiv) Where this could affect more than one engine in a multi-engine aircraft, particularly in the case of a twin-engine aircraft; or Page 19-30 of 34 Civil Aviation Safety Regulations Schedule 19 (xv) For a multi-engine aircraft where the same, or similar, engine type is used in an application where the event would be considered hazardous or critical.
(4) Any defect in a life-controlled part causing its withdrawal before completion of its full life.

(5) Defects of common origin which could cause an in-flight shut-down rate so high that there is the possibility of more than one engine being shut down on the same flight.

(6) An engine limiter or control device failing to operate when required or operating inadvertently.

(7) Exceedance of engine parameters.

"FOD" (foreign objects damage).
(8) Propellers and transmission (9) (d) Occurrences involving rotors and transmissions, including— (1) Failure or malfunction of any part of a propeller or powerplant resulting in any one or more of the following— (i) An overspeed of the propeller; (ii) The development of excessive drag; (iii) A thrust in the opposite direction to that commanded by the pilot; (iv) A release of the propeller or any major portion of the propeller; (v) A failure that results in excessive imbalance; (vi) The unintended movement of the propeller blades below the established minimum in- flight low-pitch position; (vii) An inability to feather the propeller; (viii) An inability to change propeller pitch; (ix) An uncommanded change in pitch; (x) An uncontrollable torque or speed fluctuation; (xi) The release of low-energy parts.
(2) Damage or defect of main rotor gearbox/attachment which could lead to in-flight separation of the rotor assembly and/or malfunctions of the rotor control.

(3) Damage to tail rotor, transmission and equivalent systems.

(e) Occurrences involving APUs, including— (1) Shut down or failure when the APU is required to be available by operational requirements, e.g.

ETOPS, "MEL" (minimum equipment list).

Inability to shut down the APU.

(2) (3) Overspeed.
(2) (3) Overspeed.

(4) Inability to start the APU when needed for operational reasons.

(f) Human factors occurrences, including any incident where any feature or inadequacy of the aircraft design could have led to an error of use that could contribute to a hazardous or catastrophic effect.
(g) Other aircraft technical occurrences, including— (1) Any incident where any feature or inadequacy of the aircraft design could have led to an error of use that could contribute to a hazardous or catastrophic effect.

(2) An occurrence not normally considered as reportable (e.g., furnishing and cabin equipment, water systems), where the circumstances resulted in endangering the aircraft or its occupants.

(3) A fire, explosion, smoke or toxic or noxious fumes.
(4) Any other event which could endanger the aircraft, or affect the safety of the occupants of the aircraft, or people or property in the vicinity of the aircraft or on the ground.

(5) Failure or defect of passenger address system resulting in loss of, or inaudible, passenger address system.
(6) Loss of pilot seat control during flight, Page 19-31 of 34 Civil Aviation Safety Regulations Schedule 19 APPENDIX 3 TO 19.070: MANDATORY REPORTS: AIR NAVIGATION OCCURRENCES (a) Near collision incidents (encompassing specific situations where one aircraft and another aircraft/the ground/a vehicle/person or object are perceived to be too close to each other)— (1) Separation minima infringement; (2) (3) (4) Runway incursion where avoiding action was necessary.
Inadequate separation; "Near-CFIT" (near-controlled flight into terrain); (b) Potential for collision or near collision (encompassing specific situations having the potential to be an accident or a near collision, if another aircraft is in the vicinity)— (1) Runway incursion where no avoiding action is necessary; (2) Runway excursion; (3) Aircraft deviation from ATC clearance; (4) Aircraft deviation from applicable "ATM" (air traffic management) regulation— (i) Aircraft deviation from applicable published ATM procedures; (ii) Unauthorized penetration of airspace; (iii) Deviation from aircraft ATM-related equipment carriage and operations, as mandated by applicable regulation(s).
(c) ATM-specific occurrences (encompassing those situations where the ability to provide safe ATM services is affected, including situations where, by chance, the safe operation of aircraft has not been jeopardised.
This shall include the following occurrences— (1) Inability to provide ATM services: (i) inability to provide air traffic services; (ii) inability to provide airspace management services; (iii) inability to provide air traffic flow management services; (2) Failure of Communication function; (3) Failure of Surveillance function; (4) Failure of Data Processing and Distribution function; (5) Failure of Navigation function (6) ATM system security.
(7) Examples of include— (i) Provision of significantly incorrect, inadequate or misleading information from any ground sources, e.g.

ATC, "ATIS" (automatic terminal information service), meteorological services, navigation databases, maps, charts, manuals, etc.

(ii) Provision of less than prescribed terrain clearance.

(iii) Provision of incorrect pressure reference data (i.e.

altimeter setting).
altimeter setting).

(iv) Incorrect transmission, receipt or interpretation of significant messages when this results in a hazardous situation.

(v) Separation minima infringement.

(vi) Unauthorized penetration of airspace.

(vii) Unlawful radio communication transmission.

(viii) Failure of ANS ground or satellite facilities.

(ix) Major ATC/ATM failure or significant deterioration of aerodrome infrastructure.
(x) Aerodrome movement areas obstructed by aircraft, vehicles, animals or foreign objects, resulting in a hazardous or potentially hazardous situation.

(xi) Errors or inadequacies in marking of obstructions or hazards on aerodrome movement areas resulting in a hazardous situation.
Page 19-32 of 34 Civil Aviation Safety Regulations Schedule 19 (xii) Failure, significant malfunction or unavailability of aerodrome lighting (d) "ATC" (air traffic control) Navigation and Communications - significant malfunction or deterioration of service.

(e) An aircraft was or could have been endangered by impairment of any member of ground staff (e.g.

ATC, "FD" (flight dispatchers), Maintenance, etc.).

(f) ATC overload.
(f) ATC overload.

(g) Failure or unplanned shutdown of a major operational ATC computer system, requiring reversion to manual back-up and resulting in disruption to the normal flow of air traffic.

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