[CIA 15,740] Interpretation3
- (1)a person is fatally or seriously injured as a result of—
- (a)being in the aircraft; or
- (b)direct contact with any part of the aircraft, including any part that has become detached from the aircraft; or
- (c)direct exposure to jet blast—
except when the injuries are self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to passengers and crew; or
- (a)adversely affects the structural strength, performance, or flight characteristics of the aircraft; and
- (b)would normally require major repair or replacement of the affected component—
except engine failure or damage that is limited to the engine, its cowlings or accessories; or damage limited to propellers, wing tips, rotors, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin; or
- accredited representative
means 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;
- adviser
means 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;
- aeronautical component
means any facility or part thereof that is used for aeronautical services;
- aeronautical service
means any service that relates to air navigation;
- aircraft
means any machine that can derive support in the atmosphere from reactions in the air other than the reactions of the air against the earth’s surface;
- Annex
means one of the Annexes to the Conventions;
- Authority
means the Civil Aviation Authority of Fiji established under the Civil Aviation Authority of Fiji Act 1979;
- causes
means actions, omissions, events, conditions or a combination thereof, which led to the accident or incident;
- Convention
means the Convention on International Civil Aviation signed at Chicago in 1944;
- fatal injury
means any injury that results in death within 30 days of the accident;
- flight recorder
means any type of recorder installed in the aircraft for the purpose of complementing accident/incident investigation;
- ICAO
means the International Civil Aviation Organization;
- incident
means an occurrence, other than an accident, associated with the operation of an aircraft that affects or could affect the safety of operation;
- investigation
means a process conducted for the purpose of accident prevention that includes gathering and analysis of information, the drawing of conclusions, including the determination of causes and, when appropriates, the making of safety recommendations;
- Investigator-in-charge
means a person charged, on the basis of his or her qualifications, with the responsibility for the organisation, conduct and control of an investigation;
- maximum mass
means the maximum certificated take off mass;
- occurrence
means an accident or incident;
- operational control
means the exercise, by a person of authority over the initiation, continuation, diversion, termination or cancellation of a flight or series of flights in the interest of safety of the aircraft and the regularity and efficiency of such flight;
- operator
means the person who exercises operational control over an aircraft;
- preliminary report
means the communication used for the prompt dissemination of data obtained during the early stages of the investigation;
- safety recommendation
means a proposal of the accident investigation authority of the state conducting the investigation based on information derived from an investigation and made with the intention of preventing accidents or incidents;
- serious incident
means an incident involving circumstances indicating that an accident nearly occurred;
- serious injury
means an injury that is sustained by a person in an accident and that—
- (a)requires hospitalisation for more than 48 hours, commencing within 7 days from the date the injury was received; or
- (b)results in a fracture of any bone (except simple fractures of fingers, toes, or nose); or
- (c)involves lacerations which cause sever hemorrhage, nerve, muscle, or tendon damage; or
- (d)involves injury to an internal organ; or
- (e)involves second or third degree burns, or any burns affecting more than 5% of the body surface; or
- (f)involves verified exposure to infectious substances or injurious radiation;
- State of design
means the state having jurisdiction over the organisation responsible for the type design;
- State of manufacture
means the state having jurisdiction over the organisation responsible for the final assembly of the aircraft;
- State of occurrence
means the state in the territory of which an accident or incident occurs;
- State of registry
means the state on whose register aircraft is entered; and
- State of the operator
means 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.
The Laws of Fiji