4.80.2 State the requirement for the notification of accidents. CAR 12
12.51 Notification of accident
(a) Each pilot-in-command of an aircraft that is involved in an accident or, if that person is fatally or seriously injured, or if the aircraft is missing, the operator, shall notify the Authority of the accident as soon as practicable.
(b) The notification shall be in a manner acceptable to the Authority and contain, where ascertainable,
(1) the date and time of the accident; and
(2) nature of the accident; and
(3) type, nationality, and registration marks of the aircraft; and
(4) names of the aircraft owner and operator; and
(5) position or last known position of the aircraft with reference to an easily defined geographical point; and
(6) name of the pilot-in-command of the aircraft; and
(7) type of operation; and
(8) last point of departure of the aircraft; and
(9) next point of intended landing of the aircraft; and
(10) description of the sky condition, precipitation, wind velocity, and visibility; and
(11) number of persons on board the aircraft; and
(12) number of crew and passengers killed or seriously injured as a result of the accident; and
(13) number of persons killed or seriously injured as a result of the accident that were not crew or passengers; and
(14) details of damage to the aircraft.12.53 Details of accident
(a) The pilot-in-command of an aircraft that is involved in an accident or, if that person is fatally or seriously injured, the operator, shall provide the occurrence details requested on form CA005 to the Authority within 10 days of the accident—
(1) on form CA005; or
(2) by a means acceptable to the Authority.(b) The details required shall include a statement by each flight crew member who was on the aircraft at the time of the accident, detailing the facts, conditions, and circumstances relating to the accident.
(c) Where a flight crew member is incapacitated, the statement required shall be submitted as soon as the flight crew member is able.
4.80.4 State the requirement for the notification of incidents. CAR 12
12.55 Notification of incident
(a) A holder of a certificate issued by the Director under the Act and the following Parts must notify the Authority as soon as practicable of any associated incident if the certificate holder is involved in the incident and the incident is a serious incident or is an immediate hazard to the safety of an aircraft operation:
(1) Parts 115, 119, 129 and 137— aircraft incident, or dangerous goods incident:
(2) Part 172— airspace incident:
(3) Parts 171 and 174 — facility malfunction incident:
(4) Parts 19, 47, 115, 119, 129, 137, 145, 146, and 148 — defect incident:
(5) Parts 119, 129, 139, 140, 171, and 172 — security incident:
(6) Part 139 — aerodrome incident:
(7) Parts 139, 171, 173, 174, and 175 — promulgated information incident:
(8) Parts 119, 129, and 109 — cargo security incident.(b) A person who is involved in an incident that is a serious incident or an immediate hazard to the safety of an aircraft operation must notify the Authority of the incident as soon as practicable if the person—
(1) operates, maintains, services, or does any other act in respect of an aircraft, aeronautical product, or aviation related service; and
(2) is not employed by, or associated with, the holder of a certificate referred to in paragraph (a); or
(3) has responsibilities under Part 95.(c) A pilot-in-command of an aircraft that is involved in an airspace incident or a bird incident must notify the Authority of the incident as soon as practicable if the incident is a serious incident or an immediate hazard to the safety of an aircraft operation.
(d) The notification of an incident required by paragraphs (a), (b), (c) and (e) must be conveyed by a means acceptable to the Authority and contain, where ascertainable, information in accordance with the following:
(1) for an airspace incident, Appendix A(a):
(2) for a defect incident, Appendix A(b):
(3) for a facility malfunction incident, Appendix A(c):
(4) for an aircraft incident, Appendix A(d):
(5) for a security incident, Appendix A(e):
(6) for a promulgated information incident, Appendix A(f):
(7) for an aerodrome incident, Appendix A(g):
(8) for a cargo security incident, Appendix A(h):
(9) for a dangerous goods incident, bird incident, or any other incident, Appendix A(i).(e) Despite paragraph (a), a holder of—
(1) an air operator certificate issued by the Director under the Act and Part 119 must notify the Authority of an aircraft incident or a defect incident within 72 hours of the incident occurring if the incident is associated with an aircraft that is performing or is used to perform an EDTO and the incident involves—
(i) an in-flight shutdown of a propulsion system; or
(ii) a diversion or a turn back; or
(iii) an in flight, inadvertent fuel loss or unavailability of fuel or an un-correctable fuel imbalance; or
(iv) a malfunction of an EDTO significant system; or
(v) any other occurrence which affects the safety of an EDTO; and(2) an aircraft maintenance organisation certificate issued under the Act and in accordance with Part 145 must notify the Authority of a defect incident within 72 hours of the incident occurring if the incident is associated with an aircraft that is used to perform an EDTO and—
(i) the incident involves a malfunction of an EDTO significant system; or
(ii) any other defect that could affect the safety of an aircraft performing an EDTO.12.57 Details of incident
(a) Notwithstanding the notification of a serious incident or an immediate hazard to the safety of an aircraft operation under rule 12.55, the following persons who are involved in an incident must provide the Authority with the applicable details of the incident in accordance with information requested on the applicable form specified in paragraph (b)(1) or (b)(2):
(1) a holder of a certificate referred to in rule 12.55(a):
(2) a person referred to in rule 12.55(b):
(3) a pilot-in-command referred to in rule 12.55(c).(b) A person who is required under paragraph (a) to provide the Authority with details of an incident must provide those details within 14 days of the incident—
(1) on form CA005; or
(2) on form CA005D for a defect incident; or
(3) by another means that is acceptable to the Authority.
4.80.6 State the extent to which a pilot may deviate from the CA Act or rules in an emergency situation. CA Act 1990 S13A
A breach of any prescribed requirement is permitted only if the pilot-in-command is satisfied that—
(a) the emergency involves a danger to life or property; and
(b) the extent of the breach of the prescribed requirement goes only as far as is necessary to deal with the emergency; and
(c) there is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and
(d) the degree of danger involved in complying with the prescribed requirement is clearly greater than the degree of danger involved in deviating from it.
4.80.8 State the pilot action required following deviation from the CA Act or rules in an emergency situation. CA Act 1990 S13A
Where, in any emergency described in this section, a pilot-in-command or an operator breaches this Act or regulations or rules made under this Act in accordance with the provisions of this section, the pilot-in-command or the operator, as the case may be, shall—
(a) immediately notify the relevant air traffic control service of the action; and
(b) as soon as practicable, notify the Director of the action and the circumstances that necessitated it, and, if requested by the Director, provide to the Director a written report in respect of the action.