The Air Navigation (Overseas Territories) Order 2001

Mandatory reporting

117.—(1) Subject to the provisions of this article, every person who:

(a) is the operator or commander of:

(i) a public transport aircraft registered in the Territory;

(ii) a public transport aircraft not registered in the Territory but operated by the holder of an aircraft operator’s certificate granted by the Governor; or

(iii) an aircraft registered in the Territory in respect of which there is in force a certificate of airworthiness in any category and which is powered by one or more turbine engines;

(b) carries on the business of manufacturing, repairing or overhauling such an aircraft, or any equipment or part thereof;

(c) signs a certificate of maintenance review, or of release to service in respect of such an aircraft, part or equipment;

(d) performs a function for which he requires an air traffic controller’s licence;

(e) is the licensee or manager of a licensed aerodrome;

(f) performs a function connected with the installation, modification, maintenance, repair, overhaul, flight checking or inspection of equipment on the ground which is used or intended to be used for the purpose of or in connection with the provision of an air traffic control service or navigational aid to an aircraft;

shall:

(i) make a report to the Governor of any reportable occurrence of which, he knows and which is of such a description as is specified in regulation 18 in Schedule 14: the report shall be made within such time, by such means, and shall contain such information as is so specified and it shall be presented in such form as the Governor may in any particular case approve; and

(ii) make a report to the Governor, within such time, by such means; and containing such information as the Governor may specify in a notice in writing served upon him, being information which is in his possession or control and which relates to a reportable occurrence which has been reported by him or by another person to the Governor in accordance with this article.

(2) (a) Subject to sub-paragraph (b), in this article “reportable occurrence” means:

(i) any incident relating to such an aircraft or any defect in or malfunctioning of such an aircraft or any part or equipment of such an aircraft, being an incident, malfunctioning or defect endangering, or which if not corrected would endanger, the aircraft, its occupants or any other person; and

(ii) any defect in or malfunctioning of any facility on the ground used or intended to be used for purposes of or in connection with the operation of such an aircraft, being a defect or malfunctioning endangering, or which if not corrected would endanger, such an aircraft or its occupants.

(b) Any accident or serious incident notified to the Governor in pursuance of regulations made under section 75 of the Civil Aviation Act 1982 as set out in Schedule 1 to the Civil Aviation Act 1982 (Overseas Territories) Order 2001(1) shall not constitute a reportable occurrence for the purposes of this article.

(3) Subject to paragraph (1)(f)(ii), nothing in this article shall require a person to report any occurrence which he has reason to believe has been or will be reported by another person to the Governor in accordance with this article.

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

(5) (a) Without prejudice to article 53(2), (4) and (5) and subject to article 80 of this Order and sub-paragraph (b), the operator of an aircraft shall, if he has reason to believe that a report has been or will be made in pursuance of this article, preserve any data from a flight data recorder or a combined cockpit voice recorder/flight data recorder relevant to the reportable occurrence for 14 days from the date on which a report of that occurrence is made to the Governor or for such longer period as the Governor may in a particular case direct.

(b) The record referred to in sub-paragraph (a) may be erased if the aircraft is outside the Territory and it is not reasonably practicable to preserve the record until the aircraft reaches the Territory.

(1)

S.I. 2001/1452.