Aviation Occurrence and Its Classification
An aviation occurrence is an accident, serious incident or incident, as well as the failure of an aircraft and/or its system, the failure of systems and technical means used in air navigation service, or another unusual circumstance that affected or could have affected flight safety. An accident is an occurrence connected with the operation of an aircraft, which took place — in the case of a piloted aircraft — from the moment a person boarded with the purpose of flight until all persons left it, if: a person sustains fatal or serious bodily injury as a result of being in the aircraft, direct contact with any part of it, or the direct effect of jet exhaust; the aircraft is damaged or its structure breached so that strength or flight characteristics deteriorate or major repair becomes necessary; or the aircraft is lost without trace. An incident is an occurrence outside this definition which affects or could have affected safety.
Aircraft in Danger and Lost
These definitions acquire practical significance in connection with the claim as well: recognition as in danger and as lost create different factual pictures — in the first a threat existed but the aircraft survived; in the second the aircraft is lost and search is declared. In preparing the claim this difference is reflected in the documentary basis as well: in the first, a description of the aircraft's condition; in the second, the fact of lost radio contact and unknown location.
The confidentiality of the reporting system is also not merely a personal but a practical matter: protecting the reporter is necessary so that information flows freely — and it is precisely that information which creates the database on which prevention grows.
An aircraft is deemed in danger when it and the passengers on board are under a direct threat that the crew cannot avert; it is deemed lost if it was significantly damaged or completely destroyed during take-off, flight, landing or a crash, or if radio contact is lost and its location unknown. Search is declared for a lost aircraft and the passengers on it, for the purpose of rescue.
The Reporting System and the Purpose of Investigation
Understanding the prevention principle matters for the claim as well: if the investigation establishes no blame, its conclusions cannot be used directly to prove liability — and this creates a separate legal task: finding one's own grounds of liability independent of the investigation's direction. Preparing the claim and the investigation are thus two parallel processes, and confusing them is often a strategic error.
International exchange adds a further dimension: exchanging data with the aviation authority of another country and with international organizations also covers cases where the aircraft or operator is connected with another state — and that informational support may appear in the claim as well.
The reporting procedure is approved by the Agency; the Agency must collect information on occurrences, secure the confidentiality of the reporter's data, organize and carry out analysis and processing, create and maintain a database and exchange data with the aviation authority of another country. The purpose of official investigation and of reporting is the same: the carrying out of preventive measures and not the establishment of anyone's blame — a principle that also frames the context of an accident claim.
To summarize: preparing an accident claim rests on four pillars. First, classification: whether the occurrence is assessed as an accident, serious incident or incident determines the legal qualification. Second, time: the factual chronology of the occurrence — from boarding to leaving — is the frame within which it happens. Third, prevention: since the purpose of investigation is not blame, its materials must be used carefully in the claim. Fourth, liability: the claim for compensation rests on its own grounds, and its independence from the investigation's results is often decisive.
Article 99 distinguishes an aircraft in distress from a missing aircraft: the former faces a direct threat the crew cannot avert; the latter is significantly damaged or destroyed during take-off, flight, landing or a crash, or has lost radio contact with an unknown location — search is declared for such an aircraft and its passengers. The purpose of reporting an aviation occurrence, under Article 8-3, is preventive measures, not the attribution of blame.
Frequently Asked Questions
Below we answer the questions most frequently asked on this topic.
What is an accident?
An occurrence connected with the operation of an aircraft with fatal or serious injury, breach of the structure or loss without trace.
When is an aircraft in danger?
When it and the passengers are under a direct threat the crew cannot avert.
What is the purpose of investigation?
Prevention — not the establishment of blame.
Who conducts search?
Search is declared for a lost aircraft and its passengers for the purpose of rescue.
How We Help on Legal.ge
An accident claim unites two worlds: the preventive system of official investigation and the logic of a civil liability action. On Legal.ge you can consult an aviation-law lawyer who will assess the classification of the occurrence, analyse the grounds of liability and help you with the claim for compensation of damage. Submit a request on the site and get qualified assistance.