The Air Navigation (Isle of Man) Order 2015

Mandatory reporting of occurrences

142.—(1) The objective of this article is to contribute to the improvement of air safety by ensuring that relevant information on safety is reported, collected, stored, protected and disseminated.

(2) The sole objective of occurrence reporting is the prevention of accidents and incidents and not to attribute blame or liability.

(3) This article applies to occurrences that endanger or that, if not corrected, would endanger an aircraft, its occupants or any other person.

(4) Without prejudice to the generality of paragraph (3), a list of examples of these occurrences is set out in Annexes I and II (and their Appendices) of the Occurrence Reporting Directive(1).

(5) A person listed below must report to the Department any event that constitutes an occurrence for the purposes of paragraph (3) and that comes to the person’s attention in the exercise of the person’s functions —

(a) the operator and the commander of a turbine-powered aircraft that has a certificate of airworthiness issued by the Department;

(b) a person who carries on the business of maintaining or modifying a turbine-powered aircraft that has a certificate of airworthiness issued by the Department, and a person who carries on the business of maintaining or modifying any equipment or part of such an aircraft;

(c) a person who signs a certificate of release to service for a turbine-powered aircraft that has a certificate of airworthiness issued by the Department, and a person who signs a certificate of release to service for any equipment or part of such an aircraft;

(d) a licensee and a manager of a licensed aerodrome;

(e) a person who performs a function that requires the person to be authorised by the Department as an air traffic controller or as a flight information service officer;

(f) a person who performs a function concerning the installation, modification, maintenance, repair, overhaul, flight-checking or inspection of air navigation facilities that are utilised by a person who provides an air traffic control service under an approval issued by the Department.

(6) Reports of occurrences must be made within such time, by such means and containing such information as may be prescribed and must be presented in such form as the Department may in any particular case approve.

(7) A person listed in paragraph (5) must make a report to the Department within such time, by such means, and containing such information as the Department may specify in a notice in writing served on the person, being information that is in the person’s possession or control and which relates to an occurrence that has been reported by the person or another person to the Department in accordance with this article.

(8) A person must not make a report under this article if the person knows or has reason to believe that the report is false in any particular.

(9) The Department must put in place a mechanism to collect, evaluate, process and store occurrences reported in accordance with paragraphs (5) to (7).

(10) The Department and the Chief Inspector of Air Accidents must use any information received in accordance with the terms of this article solely for the purposes set out in this article.

(11) The names or addresses of individual persons must not be recorded under paragraph (9).

(12) Without prejudice to the rules of criminal law, proceedings may not be instituted in respect of unpremeditated or inadvertent infringements of the law that come to the attention of the relevant authorities only because they have been reported under this article, except in cases of gross negligence.

(13) Paragraphs (10) to (12) are without prejudice to the right of access to information by judicial authorities.

(14) If a report is made voluntarily to the Department of a perceived actual or potential hazard that is not required to be reported under the system of mandatory reporting, it must be subjected to a process of disidentification by the Department if the person making the report requests that his or her identity is not recorded under paragraph (9).

(15) The Department must ensure that relevant safety information deriving from the analysis of reports that have been subjected to disidentification is stored and made available to all parties so that it can be used for improving safety in aviation.

(1)

OJ No. L 167, 4.7.2003, p.23.