Chapter 20 · DGCA Air Regulations

Aircraft Accident & Incident

Annex 13 (ICAO) · Aircraft (Investigation of Accidents and Incidents) Rules, 2017 · CAR Section 5 – Air Safety Series 'C' Part I
📅 Effective: 26 / 02 / 2020 🎓 CPL / ATPL Ground Subject – Air Regs

📑 Contents

  1. Objective & Scope of Investigation
  2. Applicability
  3. ICAO Annex 13 Provisions
  4. Definition: Accident
  5. Definition: Serious Incident
  6. Definition: Serious Injury
  7. Definition: Incident
  8. Definition: Significant Incident
  9. Air Traffic Incidents (AIRPROX)
  10. Reporting Procedures
  11. Investigation Authority (AAIB)
  12. Notification Requirements
  13. Protection of Evidence
  14. Quick Reference Summary
  15. Practice Questions & Answers

1 · Objective & Scope of Investigation

i Core Principle
The sole objective of the investigation of an accident or serious incident is the prevention of accidents and incidents. It is not the purpose of this activity to apportion blame or liability. The causes of an aircraft accident or serious incident must be identified in order to prevent repeated occurrences.

The identification of causal factors is best accomplished through a properly conducted investigation. ICAO Annex 13 lays down:

🌐 States Entitled to Participate

State of Occurrence State of Registry State of the Operator State of Design State of Manufacture

2 · Applicability

General Rule
Unless otherwise stated, the specifications in Annex 13 apply to activities following accidents and incidents wherever they occurred.
! Special Case – State of the Operator
The specifications concerning the State of the Operator apply only when:

3 · ICAO Annex 13 – Key Provisions

Aircraft Mass Threshold
> 1,00,000 kg
State of Design / Manufacture must send rep
Report Language
ICAO Working Lang.
Final report submitted in one of
Investigation Initiation
State of Occurrence
Government where accident took place

4 · National Provisions – Definition of "Accident"

i Accident – Definition
An occurrence associated with the operation of an aircraft which: In which any of the following conditions (a), (b) or (c) applies:

4.1 · Conditions that Constitute an Accident

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

EXCEPT — Not Counted as Accident Injury
Except when the injuries are from:

(b) The aircraft sustains damage or structural failure which:

EXCEPT — Damage NOT Constituting an Accident
Damage is NOT classified as an accident when limited to:

(c) The aircraft is missing or is completely inaccessible.

! Critical Definitions

4.2 · Visual: Accident Classification Flow

flowchart TD
    A[Occurrence with Aircraft Operation] --> B{Manned or Unmanned?}
    B -->|Manned| C[Between boarding & disembarking?]
    B -->|Unmanned| D[Between ready-to-move & engine shutdown?]
    C -->|No| X[Not an Accident]
    D -->|No| X
    C -->|Yes| E{Any condition met?}
    D -->|Yes| E
    E --> F[a Person fatally/seriously injured]
    E --> G[b Aircraft damaged/structural failure]
    E --> H[c Aircraft missing or inaccessible]
    F --> Y{Excluded cause? natural/self/other/stowaway}
    Y -->|Yes| X
    Y -->|No| Z[ACCIDENT]
    G --> W{Damage limited to listed exceptions?}
    W -->|Yes| X
    W -->|No| Z
    H --> Z
    style Z fill:#fdecec,stroke:#d93025,stroke-width:3px,color:#a3160c
    style X fill:#e6f6ec,stroke:#1b8a3a,color:#0f5f27
  
Decision flow — Is the occurrence an "Accident"?

5 · Definition of "Serious Incident"

i Serious Incident – Definition
An incident involving circumstances indicating that there was a high probability of an accident and associated with the operation of an aircraft which:
! Note on the List Below
The incidents listed below are typical examples of incidents likely to be serious incidents. The list is not exhaustive and only serves as guidance to the definition of "serious incident".

5.1 · Typical Examples of Serious Incidents

ItemDescription
a)Near collisions requiring an avoidance manoeuvre to avoid a collision or an unsafe situation, or when an avoidance action would have been appropriate.
b)Collisions not classified as accidents.
c)Controlled flight into terrain (CFIT) only marginally avoided.
d)Aborted take-offs on a closed or engaged runway, on a taxiway or unassigned runway.
e)Take-offs from a closed or engaged runway, from a taxiway or unassigned runway.
f)Landings or attempted landings on a closed or engaged runway, on a taxiway or unassigned runway.
g)Gross failures to achieve predicted performance during take-off or initial climb.
h)Fires and/or smoke in the cockpit, in the passenger compartment, in cargo compartments or engine fires — even though such fires were extinguished by extinguishing agents.
i)Events requiring the emergency use of oxygen by the flight crew.
j)Aircraft structural failures or engine disintegrations, including uncontained turbine engine failures, not classified as an accident.
k)Multiple malfunctions of one or more aircraft systems seriously affecting the operation of the aircraft.
l)Flight crew incapacitation in flight.
m)Fuel quantity level or distribution situations requiring the declaration of an emergency by the pilot — such as insufficient fuel, fuel exhaustion, fuel starvation, or inability to use all usable fuel on board.
o)Runway incursions classified with severity A. (The Manual on the Prevention of Runway Incursions — ICAO Doc 9870 — contains information on the severity classifications.)
p)Take-off or landing incidents — under-shooting, overrunning, or running off the side of runways.
q)System failures, weather phenomena, operations outside the approved flight envelope, or other occurrences which caused or could have caused difficulties controlling the aircraft.
r)Failures of more than one system in a redundancy system mandatory for flight guidance and navigation.
s)The unintentional or, as an emergency measure, the intentional release of a slung load or any other load carried external to the aircraft.

6 · Definition of "Serious Injury"

i Serious Injury – Definition
An injury sustained by a person in an accident and which meets any one or more of the following six criteria:
Hospitalization Limit
> 48 Hours
Within 7 days of injury
Burns Threshold
> 5 % Body
Or 2nd / 3rd degree burns
Fatal Injury Window
30 Days
Death within 30 days = fatal

7 · Definition of "Incident"

i Incident – Definition
In relation to an aircraft, means an occurrence which takes place either on the ground or in flight, in which any of the following applies:

8 · Definition of "Significant Incident"

i Significant Incident – Definition
An incident involving circumstances indicating that an accident or a serious incident could have occurred, if the risk had not been managed within safety margins.
! Memory Aid
Think of it as a "near-near-miss": it would have escalated into an accident or serious incident, but timely risk management kept it within safe limits.

8.1 · Hierarchy of Occurrences (Severity Scale)

flowchart LR
    A[Incident
Lowest severity] --> B[Significant Incident
Could have escalated] B --> C[Serious Incident
High probability of accident] C --> D[Accident
Highest severity] style A fill:#e7f0ff,stroke:#1f6feb,color:#0b3d91 style B fill:#fff6e0,stroke:#d98e00,color:#7a4d00 style C fill:#ffe1de,stroke:#d93025,color:#a3160c style D fill:#fdecec,stroke:#8b0000,color:#5a0000,stroke-width:3px
Occurrence severity ladder — increasing left to right

9 · Air Traffic Incidents

i Air Traffic Incident – Definition
"Air traffic incidents" is used to mean a serious occurrence related to the provisions of air traffic services, such as:

10 · Reporting Procedures (including In-Flight Procedures)

The following are the procedures to be followed by a pilot who is or has been involved in an incident:

a During Flight
Use the appropriate air/ground frequency for reporting an incident of major significance, particularly if it involves other aircraft, so as to permit the facts to be ascertained immediately.
b After Landing
As promptly as possible after landing, and in any case within 24 hours, submit a completed Air Traffic Incident Report Form by the quickest means available to: This submission is required:

10.1 · Information in an Initial Radio Report

i Initial Report by Radio – Contents
An initial report made by radio should contain the following information:
  1. Aircraft identification
  2. Type of incident — e.g. aircraft proximity
  3. The incident — give information as laid down in the Air Traffic Incident Report Form
  4. Miscellaneous

10.2 · Reporting Timeline

⏱ T = 0 (During flight) Use air/ground frequency to report incident of major significance — facts ascertained immediately.
🛬 As soon as practicable after landing Begin compiling the Air Traffic Incident Report Form.
⏰ Within 24 hours (maximum) Submit completed Air Traffic Incident Report Form to DGCA (Attn: Dir. Air Safety, HQ) with copy to ED (ATM), AAI.

11 · Investigation Authority

i Investigation – Authority
In case of an accident or incident to an aircraft in the territory of India, notwithstanding its registration, the DG, Aircraft Accident Investigation Bureau (DG, AAIB) shall institute an investigation into the circumstances of the accident or incident, and shall be responsible for conducting the investigation.
! Who is "DG, AAIB"?
"DG, AAIB" means the Director General who shall be the head of the Aircraft Accident Investigation Bureau.

12 · Notification of Accident / Incident

! Mandatory Notification – By PIC
Where an accident or incident occurs to an aircraft, the following persons (in order of responsibility) shall give notice: Notice shall be given as soon as is reasonably practicable, but in any case NOT LATER THAN 24 HOURS after he becomes aware of the accident or incident.

12.1 · Who must be Notified by the PIC

12.2 · Additional Notification to AAIB

Notification Shall ALSO be Submitted to AAIB by

12.3 · Visual: Notification Flow

flowchart TD
    A[Accident/Incident Occurs] --> B{PIC alive & able?}
    B -->|Yes| C[PIC notifies]
    B -->|No - killed/incapacitated| D[Owner / Operator / Hirer / Relevant Person notifies]
    C --> E[Within 24 hrs of becoming aware]
    D --> E
    E --> F[By quickest means available]
    F --> G[AAIB]
    F --> H[DGCA]
    F --> I[In India only:
District Magistrate] F --> J[In India only:
O-i-C Nearest Police Station] K[ALSO submitted to AAIB by:] --> L[Aerodrome Operator] K --> M[ATS in-charge] K --> N[DG CA where applicable] style E fill:#fdecec,stroke:#d93025,color:#a3160c,stroke-width:2px style G fill:#e6f6ec,stroke:#1b8a3a style H fill:#e6f6ec,stroke:#1b8a3a style I fill:#e6f6ec,stroke:#1b8a3a style J fill:#e6f6ec,stroke:#1b8a3a
Mandatory 24-hour notification chain following an accident/incident

13 · Protection of Evidence, Custody, Removal & Preservation of Damaged Aircraft

13.1 · Access & Control by Investigator-in-Charge

Clause (1) — Investigator's Rights
In the case of an accident or a serious incident which is required to be notified, the Investigator-in-Charge shall have:

13.2 · Removal Only Under Authority of DG, AAIB

Clause (2) — General Prohibition
The aircraft and the contents thereof shall NOT, except by a person under the authority of the DG, AAIB, be removed or otherwise interfered with.

13.3 · Permitted Exceptions (Provisos)

Provided that the aircraft / its parts / its contents may be moved in the following circumstances:

13.4 · Visual: Who Can Move What?

Item Being Removed Authorised Supervisor / Authority
Aircraft / parts / contents (general)Only under authority of DG, AAIB
Aircraft for SAR (life, fire, public safety)Search & Rescue authorised personnel
Aircraft wrecked on waterSAR authorised personnel — for safety
GoodsOfficer of AAIB OR person authorised by DG, AAIB
Personal luggagePolice Officer / Magistrate / AAIB Officer / person authorised by DG, AAIB
MailsPolice Officer / Magistrate / Officer of Posts & Telegraphs / AAIB Officer / person authorised by DG, AAIB
CVR & Airborne Image DataNot usable against personnel in any disciplinary / civil / admin / criminal proceeding

14 · Quick Reference – Critical Values & Limits

ItemValue / RuleSource
Aircraft mass threshold — State of Design / Manufacture to send rep> 1,00,000 kg max massICAO Annex 13
Final report submission languageOne of the ICAO working languagesICAO Annex 13
Fatal injury — definitionDeath within 30 days of accidentNational Provisions
Serious injury — hospitalisationMore than 48 hours, beginning within 7 daysNational Provisions
Serious injury — burns2nd / 3rd degree, OR more than 5% body surfaceNational Provisions
Air Traffic Incident Report — deadline after landingWithin 24 hoursReporting Procedures
Notification by PIC after accident/incidentNot later than 24 hours after becoming awareNational Provisions
Authority to initiate investigation in IndiaDG, AAIBNational Provisions
Authority responsible (under Annex 13) for initiationGovernment of State of OccurrenceICAO Annex 13
CVR & Airborne Image DataNOT usable in disciplinary, civil, administrative, criminal proceedingsNational Provisions

14.1 · Memory Aid – Severity Ladder

Incident (occurrence) Significant Incident (could have escalated) Serious Incident (high prob. of accident) ACCIDENT

14.2 · Memory Aid – "24-Hour Rule"

! Remember: TWO independent 24-hour clocks

15 · Practice Questions with Explanations

Q1The objective of the investigation of an accident or incident shall be the:
A) Prevention of accidents or incidents and to help the judges
✓ B) Prevention of accidents or incidents and to help the manufacturers in design per textbook answer key
C) Prevention of accidents or incidents
Textbook Answer: A. Per the answer key supplied in the source material, the correct option is listed as A. The doctrinal core principle is that investigations are conducted solely for the prevention of accidents and incidents — not to apportion blame or liability. Refer to Section 1 above for the formal statement of objective.
Q2Which of the following, according to ICAO Annex 13, shall be entitled to appoint an accredited representative to participate in the investigation?
A) State conducting the investigation and State of design and manufacturing
B) All ICAO members States
✓ C) Any State which, on request, provides information, facilities or experts to the State conducting the investigation
Answer: C. Per Annex 13 — entitlement to appoint an accredited representative is tied to the State that contributes information, facilities, or experts on request.
Q3The accident investigation preliminary report shall be submitted to appropriate States and to the ICAO, in:
A) Any of the world's major languages
✓ B) One of the working languages of ICAO
C) The language of the investigating State
Answer: B. Reports (final and preliminary) are submitted in one of the ICAO working languages to ensure uniform accessibility to Contracting States.
Q4Upon receipt of the modification and a request by the State of Occurrence for participation, the State of Design and the State of Manufacture shall, in the case of an accident or serious incident, inform the State of Occurrence of the name of its representative to be present at the investigation when the aircraft:
✓ A) Has a maximum mass over 1,00,000 kg
B) Has a maximum mass over 27,000 kg
C) Has a maximum mass over 5,700 kg
Answer: A. The State of Design and State of Manufacture must nominate representatives only when the aircraft involved exceeds 1,00,000 kg maximum mass.
Q5Who is responsible, under Annex 13 of the Chicago Convention, for the initiation of an accident investigation?
A) The law enforcement authorities of the state in which the aircraft is registered
B) The aircraft manufacturer
✓ C) The government of the state in which the accident took place
Answer: C. Under Annex 13, initiation of investigation lies with the State of Occurrence — i.e. the government of the state where the accident physically happened.
Q6Just before arriving on the apron, taxiing inadvertently on the grass, a wheel falls into a hole, which seriously damages the aircraft and obliges the crew to delay departure.
✓ A) This is an accident and the crew must follow the procedure relevant to this case
B) This is an irregularity in the operation, the crew must inform the operator of the delay caused by necessary repair
C) Since no physical injury has been noticed and the flight is over, the actions to be taken are related only to insurance, to the repair man, the operator and the persons in charge of the runways and taxiways
Answer: A. The aircraft sustained damage that adversely affects structural strength / performance while persons were still on board with the intent of flight (definition of "accident" extends from boarding to disembarking). The damage is not among the listed exceptions (tires/brakes/wheels alone). Treat as an accident and follow the relevant procedure.
Q7Where an accident or incident occurs to an aircraft in India, then the Pilot-in-Command of the aircraft shall send notice thereof to:
✓ A) AAIB, DGCA, DM and O-i-C of nearest police station — as soon as is reasonably practicable but in any case not later than 24 hours
B) AAIB, DGCA, DM and O-i-C of nearest police station — as soon as is reasonably practicable but in any case not later than 48 hours
C) AAIB, DGCA, DM and AAI — as soon as is reasonably practicable but in any case not later than 24 hours
Answer: A. The PIC must notify AAIB + DGCA + District Magistrate + O-i-C of the nearest Police Station, within 24 hours of becoming aware. The agency is the police station — not AAI.
Q8In the case of an accident, the aircraft or any parts or contents thereof may be removed without the authority of DG/AAIB:
A) To look for evidence
B) If so directed by the P-i-C
✓ C) To extricate the body of a dead dog
Answer: C. Under Clause (2) Proviso (a), aircraft/parts/contents may be moved by SAR-authorised personnel to extricate persons or animals — dead or alive. The other options (looking for evidence; PIC direction alone) are not permitted exceptions.
Q9"An incident involving circumstances indicating that an accident or a serious incident could have occurred, if the risk had not been managed within safety margins" is known as?
A) Reportable Incident
✓ B) Significant Incident
C) Flight Safety Incident
Answer: B. This is the textbook definition of a Significant Incident — one rung below "serious incident" on the severity ladder; risk was kept within margins, preventing escalation.
Q10CVR and airborne image recording data:
A) Can be used for disciplinary, civil, administrative and criminal proceeding against the employees, operational personnel or organizations
✓ B) Can NOT be used for disciplinary, civil, administrative and criminal proceeding against the employees, operational personnel or organizations
C) Can be used for disciplinary, civil, administrative and criminal proceeding against the employees, operational personnel or organizations with the permission of DGCA
Answer: B. The use of CVR & airborne image data is strictly protected — it shall not be used for any disciplinary, civil, administrative or criminal proceedings against employees, operational personnel or organizations. This protection preserves the safety-investigation purpose and protects "just culture".

📊 Answer Key (Per Source Textbook)

Q1Q2Q3Q4Q5Q6Q7Q8Q9Q10
ACBACAACBB
Capt. Pankaj Pahil