12.55 Notification of incident
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(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:
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(1) Parts 115, 119, 129 and 137-- aircraft incident, or dangerous
goods incident:
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(2) Part 172-- airspace incident:
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(3) Parts 171 and 174 -- facility malfunction incident:
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(4) Parts 19, 47, 115, 119, 129, 137, 145, 146, and 148 -- defect
incident:
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(5) Parts 119, 129, 139, 140, 171, and 172 -- security incident:
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(6) Part 139 -- aerodrome incident:
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(7) Parts 139, 171, 173, 174, and 175 -- promulgated information
incident:
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(8) Parts 119, 129, and 109 -- cargo security incident.
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(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--
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(1) operates, maintains, services, or does any other act in respect of
an aircraft, aeronautical product, or aviation related service; and
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(2) is not employed by, or associated with, the holder of a certificate
referred to in paragraph (a); or
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(3) has responsibilities under Part 95.
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(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.
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(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:
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(1) for an airspace incident, Appendix A(a):
- (2) for a defect incident, Appendix A(b):
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(3) for a facility malfunction incident, Appendix A(c):
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(4) for an aircraft incident, Appendix A(d):
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(5) for a security incident, Appendix A(e):
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(6) for a promulgated information incident, Appendix A(f):
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(7) for an aerodrome incident, Appendix A(g):
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(8) for a cargo security incident, Appendix A(h):
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(9) for a dangerous goods incident, bird incident, or any other
incident, Appendix A(i).
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(e) Despite paragraph (a), a holder of--
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(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--
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(i) an in-flight shutdown of a propulsion system; or
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(ii) a diversion or a turn back; or
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(iii) an in flight, inadvertent fuel loss or unavailability of fuel
or an un-correctable fuel imbalance; or
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(iv) a malfunction of an EDTO significant system; or
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(v) any other occurrence which affects the safety of an
EDTO; and
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(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--
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(i) the incident involves a malfunction of an EDTO
significant system; or
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(ii) any other defect that could affect the safety of an aircraft
performing an EDTO.