Definitions

The National Transportation Safety Board has established reporting requirements should an aircraft be involved in an incident or accident. These requirements are contained in CFR Title 49, Part 830. Part 830 also contains regulation requiring preservation of airplane wreckage and documents. In order to meet the requirements of this part, pilots must be familiar with a few legal definitions.

An aircraft accident has legally occurred if someone dies, someone is seriously injured, or the airplane receives substantial damage from the time any person boards the aircraft with the intention of flight until all persons are off of the airplane.

We now need to know a few more legal definitions, in order to understand this one. A person can suffer death from a flight up to 30 days after the accident, because a fatal injury is defined as an injury which results in death within 30 days of the accident.

Serious injury is specified as five types of injuries, which are:

  1. any injury that requires hospitalization for more than 48 hours, beginning within 7 days of the accident
  2. a broken bone, except for simple fractures of fingers, toes, or nose
  3. severe hemorrhages, or nerve, muscle, or tendon damage
  4. any injury that involved an internal organ
  5. second or third degree burns, or any burns affecting more than 5% of the body's surface

Substantial damage to the aircraft occurs when the following two conditions are met:

  • if there is any damage or failure which adversely affects the structural strength, performance, or flight characteristics of the aircraft, and
  • this damage or failure would normally require major repair or replacement of the affected component.

The following items are example of things which are NOT substantial damage:

  • engine failure or damage limited to an engine if only one engine fails or is damaged
  • bent fairings or cowling
  • dented skin
  • small punctured holes in the skin or fabric
  • ground damage to rotor or propeller blades
  • damage to landing gear, wheels, tires, flaps, engine accessories, brakes, or wingtips

An incident is anything associated with the operation of the aircraft which could or does affect safety...and is not an accident.

Immediate Notification to the NTSB

Part 830 requires immediate notification to the nearest NTSB field office if any of the following occurs:

  • an aircraft accident
  • flight control system malfunction or failure;
  • inability of any required flight crewmember to perform normal flight duties as a result of injury or illness;
  • failure of structural components of a turbine engine excluding compressor and turbine blades and vanes;
  • in-flight fire; or
  • aircraft collide in flight.
  • damage to property, other than the aircraft, estimated to exceed $25,000 for repair (including materials and labor) or fair market value in the event of total loss, whichever is less.
  • an aircraft is overdue and is believed to have been involved in an accident.

Preservation of Aircraft Wreckage and Records

If the NTSB must be notified of an incident or accident, the aircraft operator is responsible for preserving the airplane, everything aboard the airplane, and all records pertaining to that airplane to the maximum extent possible to allow for the NTSB's investigation.

Until the NTSB takes custody of the accident airplane, the aircraft or its content are not to be disturbed unless it is necessary to remove someone from the airplane, to protect the wreckage from further damage, or to protect the general public from injury.

Required Reports

The airplane operator must file a report to the NTSB within 10 days of an accident.

The airplane operator must file a report to the NTSB within 7 days if an overdue aircraft is still missing.

If immediate notification was required, the operator must file a report as requested by the NTSB.

Sec. 830.2 Definitions.

Sec. 830.5 Immediate notification.

Sec. 830.10 Preservation of aircraft wreckage, mail, cargo, and records.

Sec. 830.15 Reports and statements to be filed.