Page:Air Navigation (Investigation of Accidents and Incidents) Order 2003.pdf/26

S 78/2003 Offences

22. Any person who contravenes paragraph 4 (1) or (3), 6 (1), 15 (3), 18 (1) or 21 (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

Saving of powers

23. Nothing in this Order shall limit the powers of cancelling, suspending or endorsing any licence, certificate or other document under the Act or any other subsidiary legislation made thereunder. THE SCHEDULE Paragraph 2 (1) EXAMPLES OF SERIOUS INCIDENTS 1. A near collision requiring an avoidance manoeuvre to avoid a collision or an unsafe situation or where an avoidance action would have been appropriate.

2. A controlled flight into terrain only marginally avoided.

3. An aborted take-off on a closed or engaged runway.

4. A take-off from a closed or engaged runway with marginal separation from an obstacle.

5. A landing or an attempted landing on a closed or engaged runway.

6. A gross failure to achieve predicted performance during take-off or initial climb.

7. Fire or smoke in the passenger compartment, in the cargo compartment or engine fire, even though such a fire was extinguished by the use of extinguishing agents.

8. An event requiring the emergency use of oxygen by the flight crew.

9. An aircraft structural failure or engine disintegration not classified as an accident.

10. Multiple malfunction of one or more aircraft systems seriously affecting the operation of the aircraft.

11. Flight crew incapacitation during flight.

12. Fuel quantity requiring the declaration of an emergency by the pilot.