HOW IS AN “ACCIDENT” OR “SERIOUS INCIDENT” DEFINED?

Accident

"Accident" means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all persons have disembarked, in which:

1. a person is fatally or seriously injured* as a result of
   1. being in the aircraft;
   2. direct contact with any part of the aircraft, including parts  which have become detached from the aircraft; or
   3. direct exposure to jet blast,
      except where the injuries arise from natural causes, are self-inflicted or inflicted by other persons, or where the person injured is a stowaway hiding outside the areas normally available to passengers and crew; or
      
2. the aircraft sustains damage or structural failure which:
   1. adversely affects the structural strength, performance or flight characteristics of the aircraft; and
   2. would normally require major repair or replacement of the affected component,
      except for engine failure or damage which is limited to the engine, its cowlings or accessories, or for damage limited to propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin; or
      
3. the aircraft is missing or completely inaccessible.

Note: An aircraft is considered missing when the official search has been terminated and the wreckage has not been located.

Serious incident

"Serious incident" means an incident involving circumstances indicating that an accident nearly occurred.  Examples are:

• A near collision requiring an avoidance manoeuvre to avoid a collision or an unsafe situation or where an avoidance action would have been appropriate.
• A controlled flight into terrain only marginally avoided.
• An aborted take-off on a closed or engaged runway.
• A take-off from a closed or engaged runway with marginal separation from an obstacle.
• A landing or an attempted landing on a closed or engaged runway.
• A gross failure to achieve predicted performance during take-off or initial climb.
• Fire or smoke in the passenger compartment, in the cargo compartment or engine fire, even though such a fire was extinguished by the use of extinguishing agents.
• An event requiring the emergency use of oxygen by the flight crew.
• An aircraft structural failure or engine disintegration not classified as an accident.
• Multiple malfunction of one or more aircraft systems seriously affecting the operation of the aircraft.
• Flight crew incapacitation during flight.
• Fuel quantity requiring the declaration of an emergency by the pilot.
• A take-off or landing incident such as undershooting, overrunning or running off the side of runways.
• A system failure, weather phenomenon, an operation outside the approved flight envelope or other occurrence which could have caused difficulties controlling the aircraft.
• A failure of more than one system in a redundancy system mandatory for flight guidance or navigation.

*Serious injury

"Serious injury", in relation to a person, means an injury which:

1. requires hospitalisation for a period of more than 48 hours, such period commencing within 7 days from the date of the injury;
2. results in a fracture of any bone other than a simple fracture of any finger, toe or the nose;
3. involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage;
4. involves injury to any internal organ;
5. involves second or third degree burns or any burns affecting more than 5% of the surface of the body; or
6. involves verified exposure to infectious substances or injurious radiation.

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