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Aviation Safety Accident or Incident Notification Requirements

On 1 July 2003, the Transport Safety Investigation Act 2003 and the Transport Safety Investigation Regulations 2003 came into operation. This article is intended to explain what must be reported and how it must be reported under the legislation.

Under the Act, mandatory reportable matters are classified as either an immediately reportable matter (IRM) or a routine reportable matter (RRM). The Regulations detail the occurrences which fit these categories and which must be reported to the ATSB.

Under Regulation 2.3 there are IRMs listed for all aircraft operations and additional IRMs for air transport operations only. IRMs for all aircraft operations include:

  • death or serious injury to a person on board an aircraft or in contact with anything attached to the aircraft or detached from the aircraft, or from jet blast
  • aircraft that is missing
  • aircraft that has been or thought to have been seriously damaged
  • inaccessible aircraft thought to have been seriously damaged
  • breakdown of separation standards in controlled airspace.

The list of occurrences constituting IRMs for air transport operations includes:

  • airprox (two or more aircraft in such close proximity OCTA that safety may be jeopardised )
  • violation of controlled airspace
  • near collision on the ground
  • narrow avoidance of flight into terrain
  • rejected takeoff from or landing on a closed or occupied runway
  • takeoff from a closed or occupied runway with marginal separation from an obstacle
  • failure to achieve predicted performance during takeoff or initial climb
  • fire or mechanical failure resulting in shutdown of an engine
  • use of any emergency procedure
  • flight crew incapacitation or the need for oxygen by a flight crew member
  • malfunction of an aircraft system affecting safety
  • fuel exhaustion or supply of useable fuel becoming so low that the pilot declares an inflight emergency
  • undershooting, over-running or running off the side of a runway
  • difficulty in controlling an aircraft
  • failure of two or more redundant systems for flight guidance and navigation
  • destruction of or serious damage to any property outside the aircraft caused by contact with the aircraft or anything that became detached from the aircraft.

Regulation 2.4 lists RRMs for both air transport operations and non air transport operations. RRMs for air transport operations include:

  • minor injury to a person on board an aircraft, or in contact with anything attached to or detached from an aircraft, or from jet blast
  • minor aircraft damage that compromised or could have compromised flight safety
  • flight en route below minimum altitude
  • GPWS alert
  • critical rejected takeoff
  • runway incursion
  • failure to achieve predicted performance during takeoff or initial climb
  • malfunction of an aircraft system or fuel starvation (not requiring declaration of an emergency) that could compromise flight safety
  • weather phenomenon or operation outside the aircrafts approved flight envelope that does not cause difficulty in controlling an aircraft
  • failure of an ATC facility, navigation aid or airfield facility
  • misinterpretation of information or instructions by flight crew
  • breakdown of ATC co-ordination or failure by ATC to provide adequate information to a pilot
  • TCAS resolution advisory
  • occurrence resulting from loading of passengers, cargo or fuel
  • collision with an animal or bird.

RRMs for operations other than air transport operations include:

  • minor injury to a person on board an aircraft
  • flight crew member becoming incapacitated while operating an aircraft
  • airprox
  • narrow avoidance of flight into terrain
  • use of an emergency procedure
  • difficulty in controlling the aircraft due to an aircraft system failure, a weather phenomenon or operation of the aircraft outside its approved flight envelope
  • fuel exhaustion or the aircrafts supply of fuel becoming so low that the safety of flight is compromised
  • collision with an animal or bird on a licensed aerodrome.

A responsible person who has knowledge of an IRM must report it to a nominated official [Executive Director ATSB or delegated person Regulation 2.7] as soon as practicable [Act, section 18]. This must be followed with a written report within 72 hours [Act, section 19] containing the information in Regulation 2.6. An RRM only requires a written report within 72 hours of the occurrence [Act section 19]. A responsible person includes a crew member, owner or operator, air traffic controller, maintenance, aerodrome or other personnel involved with the aircraft concerned [Regulation 2.5]. If a responsible person believes on reasonable grounds that another responsible person has already reported to a nominated official, then they are excused from the requirement to report [Act, sections 18 & 19]. However, if a responsible person is in doubt, it is recommended that they make the report themselves.

Reports can be made by telephone to the ATSB Duty Officer on 1800 011034 in the first instance and followed up in writing. The Aviation Safety Accident or Incident Notification form is available in hardcopy from the ATSB or on the ATSB website where it can be completed online.

The above is only a broad guide. The authoritative documents are the Act and the Regulations to which reporters should refer. If this does not resolve uncertainty, please call the ATSB for advice.


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Last Updated: April 29, 2010