(2007)Civil
Aviation Law of the Republic of Chin
(2007)
Regulation Governing Air Freight Forwarder
As
promulgated by Presidential Decree on May
30, 1953, amended on January 4, 1974, November 19, 1984, January 27, 1995,
January 21, 1998 ,June 2, 1999,April 5, 2000,
May 2, 2001,May 30, 2001,November 14, 2001,May 28, 2003,June 2, 2004,June 9,
2004,January 30, 2005 and further amended of July 18, 2007 .
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This Act is enacted to insure the aviation safety, a sound civil aviation system, compliance with international civil aviation standards, and promote the development of civil aviation.
The terms used in this Law are defined as below:
The terms used in this Act are defined as below:
1) ¡§Aircraft¡¨ means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth¡¦s surface.
2) ¡§Airport Terminal¡¨ means an area of land that is used for the landing and takeoff of aircraft, including its buildings and facilities to load/unload passengers/goods.
3) ¡§Flight¡¨ means takeoff, navigation in the air, landing of aircraft and its taxiing on the ground of an airport or of an airfield before takeoff and after landing.
4) ¡§Airman¡¨ means aircraft pilot, flight engineer, mechanic, air traffic controller, repairman and aircraft dispatcher.
5) ¡§Airfield¡¨ means any land or water that is used for takeoff, landing and surface movement of aircraft.
6) ¡§Navigation Aids¡¨ means facilities designed for the support of aviation communications, meteorology, radio and visual aids as well as other installations providing safety guidance to aircraft in flight.
7) ¡§Airway¡¨ means a control area or portion thereof established by CAA in the form of a corridor.
8) ¡§Special Flight¡¨ means any approved single flight such as an aircraft test flight, acrobatic flight, flight beyond prescribed limits or repair as well as maintenance, and ferry flight.
9) ¡§Air Traffic Control¡¨ means a service provided by an appropriate authority to preventing collisions between aircraft, and on the maneuvering area, between aircraft and obstructions, as well as expedite and maintain an orderly flow of air traffic.
10) ¡§Pilot-in-Command¡¨ means the pilot assigned by the aircraft owner or user and who is responsible for the operation and safety of an aircraft during flight time.
11) ¡§Civil Air Transport Enterprise¡¨ means an undertaking directly engaging in the transportation by aircraft of passengers, cargo and mail for compensation or hire.
12) ¡§General Aviation Enterprise¡¨ means an enterprise engaging in the aviation business other than Civil Air Transport Enterprise for compensation, including aerial tourism, survey, photographing, fire-fighting, searching, paramedic, hauling and lifting, spraying and dusting, drone-hauling service, business charter, as well as other authorized aviation service.
13) ¡§Air Freight Forwarder¡¨ means a business authorized to forward, through a civil air transport enterprise, air cargo and international trade and commercial documents other than mails for others for compensation or hire.
14) ¡§Airport Ground Handling Service¡¨ means a service that performs towing and guiding of aircraft on the ramp, loading and unloading of baggage, cargo and meals, and cleaning aircraft cabin, and operating airbridge, and other associated tasks.
15) ¡§Catering Service¡¨ means a caterer who transports meals and beverage and other necessary articles to and from aircraft on the ramp.
16) ¡§Air Cargo Entrepot¡¨ means a business receiving compensations for providing customs clearance and warehousing space, facilities and services to handle import, export or transfer cargo into and out of airport bonded areas.
17) ¡§Aircraft Accident¡¨ means an occurrence associated with the operation of aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which a person, either within or without the aircraft, is fatally or seriously injured or the aircraft sustains substantial damage or structural failure, is missing or completely inaccessible.
18) ¡§Aircraft serious incident¡¨ means an occurrence associated with the operation of aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all persons aboard have disembarked, which almost result in an accident.
19) ¡§Aircraft incident¡¨ means an occurrence associated with the operation of aircraft which takes place between the time any person boards the aircraft with the intention of flight until disembarkation of all those on board, other than what happen in the preceding two items.
20) ¡§Ultra-light vehicle¡¨ means a powered aircraft which is used for manned operation in the air, has a maximum takeoff weight of five hundred and ten kilograms or less, and has a takeoff speed of less than sixty-five kilometers per hour at maximum takeoff weight or a power-off stall speed which does not exceed sixty-four kilometers per hour.
21) ¡¥¡¥Flight safety related event¡¨ means any occurrence of aircraft accident, aircraft serious incident, and aircraft incident incurred in operations of aircraft and the occurrence of ground safety events incurred in non-operations of aircraft.
22) ¡§Aviation Product¡¨ means an aircraft, aircraft engine and propeller.
23) ¡§Private Aircraft Activity¡¨ means a not-for-profit aviation with a privately owned aircraft.
24) ¡§Aeroplane¡¨ means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight.
25) ¡§Helicopter¡¨ means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes.
The Ministry of Transportation and Communications (hereinafter referred to as MOTC) shall establish the Civil Aeronautics Administration (hereinafter referred to as CAA) to administer affairs relating to civil aviation.
Regulations governing the organization of CAA shall be enacted separately.
The use of air space and demarcation of control area, control zone, restricted area, dangerous area and prohibited area shall be determined by the MOTC in coordination with the Ministry of National Defense.
The first inbound landing of an aircraft originating from any point in a foreign country, or an outbound aircraft taking off from the ROC to another country, shall conduct such landing or takeoff at a designated international airport. A special approval granted by MOTC or in case of an emergency may be an exception.
In the event it is necessary for an aircraft to land at a military airfield, or to utilize the facilities of a military airport, the owner or operator of the aircraft shall apply to the military authorities through CAA for permission. However, an exception may be made for emergency landing.
When taking off from and landing at a military airfield, aircraft shall observe regulations of the airfield and abide by the instructions of the airfield authorities.
All citizens, legal persons and government organizations of the ROC may enjoy the right to own aircraft according to this Act and other related statutes. MOTC may impose restrictions on such ownership of non-public use aircraft if air space is limited or facilities at air terminals are inadequate.
Foreigners, aside from complying with the provisions set forth in Chapter 7, shall not own aircraft in the ROC.
Article 7-1
Any entity intending to engage in private aircraft activities shall request MOTC through CAA for its permission for making preparations and, in addition thereto, shall purchase aircraft while making preparations and possess the capabilities of engaging in safe aviation. Such entity may not engage in the aforesaid activities unless and until permit is obtained from the CAA upon its satisfactory completion of the review of the safe aviation capabilities of such entity, who, subsequent to the completion of said review, has applied to MOTC through CAA for its approval. The entity engaging in private aircraft activities intending to terminate its private aircraft activities shall first report to MOTC for reference through CAA.
The entity engaging in private aircraft activities is referred to in the preceding paragraph shall be a citizen, juridical association, foundation or corporate organization of ROC.
The aircraft of any entity engaged in private aircraft activities shall not be used for the purposes of commercial aviation, nor be leased or loaned to another engaged in aviation activities.
Rules governing the application for permission of making preparations, approval procedure and restrictions, application for purchase of aircraft and its restrictions, limitations of aircraft age, application for aviation and other matters to be observed in respect of the engagement in private aircraft activities, shall be enacted by the MOTC.
CAA may send its personnel to inspect various personnel, equipment, aviation operations and activities of an entity engaged in private aircraft activities, and such entity shall not refuse, avoid or impede such inspection. In case of any deficiency, CAA shall so inform such entity and set a time limit for the latter to cure such deficiency.
The owner or operator of an aircraft shall apply to CAA for aircraft registration. A certificate of registration shall be issued if the application meets all appropriate requirements. No ROC-registered aircraft shall be registered in a foreign country without first canceling its Chinese registration.
Aircraft that have been registered in a foreign country shall not be allowed to apply for registration in the ROC until its registration has been cancelled.
Article 9
The design and manufacture of aviation products, appliances and parts shall be approved by CAA. Appropriate certificates will be issued upon completion of the certification. No person may manufacture, sell or use aviation products, appliances and parts for civil aviation unless properly certificated.
No person may sale or use imported aviation products and their imported appliances and parts for civil aviation unless certificated or validated by CAA.
The rules governing the certification for the design and manufacture as prescribed in the first two paragraphs of this article, and application, approval, issuance, modification, cancellation and renewal for airworthiness certificate and airworthiness approval tags of aviation products and their appliances and parts, and collection of certification fees shall be enacted by the MOTC.
The owner or operator of an aircraft registered in accordance with the previous article shall apply to the CAA for airworthiness certification. An airworthiness certificate will be issued upon completion of certification.
Classification and limitation of the above-mentioned airworthiness certification, conditions for application, issuance, cancellation and abolition as well as rules of revocation and renewal, signing of certificate, documentation, controlling of life-limited parts, airworthiness, management of maintenance and repair, and collection of certificate fees shall be enacted by MOTC.
An aircraft may be registered as ROC aircraft under any of the following categories:
1)Owned by ROC citizens.
2)Owned by government organizations of the ROC.
3)Owned by the following legal persons who have a principal office in ROC in accordance with ROC Acts:
(1)Unlimited company completely owned by citizens of the ROC.
(2)Limited company with over 50 percent of capital owned by citizens or legal persons of the ROC and represented by directors who are citizens of the ROC.
(3)Company formed by shareholders of both limited and unlimited liabilities, whose unlimited liability shareholders are citizens of the ROC.
(4)Company limited by shares with over 50 percent of its total shares owned by ROC citizens or legal persons of ROC, whose chairman and over 50 percent of the directors are citizens of the ROC, provided that no single citizen or legal person of a foreign country may hold more than 25 percent of its total shares.
(5)Other legal persons whose representatives are citizens of the ROC.
Except otherwise prescribed in this Act, aircraft other than that of ROC nationality may not apply for registration in this country.
Any non-ROC aircraft purchased from a foreign country on conditional terms by ROC citizens, legal persons or government agencies pending entitlement of ownership, or any such aircraft leased from a foreign country for a period more than 6 months, may be registered as an ROC aircraft if its registration in the foreign country has been duly cancelled, provided the purchaser or lessee is responsible for operating such aircraft and employing the required personnel and equipment.
The purchaser or lessee may apply to the CAA for appropriate registration. However, such registration shall not construe proof of ownership.
Renewal is not required for registrations found to be in compliance with the provisions of this Article prior to the effective date of this Amendment.
After the aircraft has been properly registered, the ROC nationality marks and registration number shall be displayed on a conspicuous part of the aircraft.
The certificate of registration shall become invalid upon any of the following events:
1) Transfer of aircraft ownership.
2) Aircraft is destroyed or damaged beyond repair.
3) Aircraft is dismantled or abandoned.
4) Forfeiture or loss of aircraft nationality.
The certificate of airworthiness shall become invalid upon any of the following events:
1) Expiration of the certificate.
2) Invalidation or revocation of the certificate of registration.
3) Aircraft fails to meet CAA airworthiness requirements.
In case a registration or airworthiness certificate becomes invalid, CAA shall serve a public notice of its cancellation, and the holder of such certificate shall return it to CAA within twenty days from the date of invalidation.
In case a registered aircraft is found to be in non-conformity with the provisions of the paragraph II of Article 8, Article 10 or Article 11, the CAA shall cancel the registration and order the certificate of registration be returned.
At anytime a certificate of registration becomes invalid for reasons other than the two preceding articles, the CAA shall immediately revoke the aircraft registration certificate.
Except as specifically provided in this Act, aircraft shall be governed by the provisions of the Civil Code and other appropriate Acts.
Aircraft may be an object of mortgage.
The provisions of the Chattel Secured Transactions Act with regard to movable property shall apply to mortgaging an aircraft.
Unless duly registered, transfer of ownership, creation of mortgage, or lease of an aircraft, shall not be a defense against a third party.
Article 20-1
Rules governing the registration and cancellation of an aircraft nationality and ownership, mortgage and lease thereof, nationality insignia , registration numbering and registration fees shall be fixed by MOTC.
The provisions of Article 11 to Article 14 and Article 16 to Article 19 of the Maritime Act shall apply to aircraft under joint ownership.
Except as otherwise specified in this act or other laws, aircraft shall not be detained, attached or provisionally attached from the time it takes off until completion of its flight.
Article 23
Airworthiness standards for the aviation products, appliances and parts with regard to their design, manufacture, performance, operation limitations, flight and maintenance documentation shall be stipulated by CAA. Nevertheless, the airworthiness standards, which are generally used in international aviation practices and are deemed suitable for domestic use, can be adopted after CAA approval.
CAA may delegate a qualified agency, body or individual to perform the certification of aviation products, appliances and parts. Measures concerning qualifications, terms, obligations and supervision of those so delegated shall be enacted by MOTC.
CAA shall inspect/oversee the manufacturers of aviation products, appliances and parts with regard to their employees, facilities and operations. Those being inspected shall not refuse, avoid or obstruct such inspections. The inspected shall be notified of any deficiency found and given a time limit in which to effect improvement. CAA may suspend partial or entire operations of those who have any of the following violations:
1)Conduct manufacturing not in accordance with CAA approved documents.
2)Change quality systems without notifying CAA.
3)Mark unapproved aviation products and their appliances and parts as CAA approved.
Upon completion of manufacture of an aircraft, the aircraft manufacturer shall apply to CAA for a provisional registration. An aircraft with provisional registration may only be used in test flight or ferry flight.
Aircraft provisionally registered as per above shall not be subject to the constraints of the terms of owners set forth in Article 10, paragraph 1, subparagraph 3 and shall be exempt from charges for provisional registration.
A repair station that performs the maintenance of aviation products, appliances and parts shall apply to CAA for certification, a repair station certificate will be issued upon certification.
The rules governing classification of ratings, the inspection procedures manual, maintenance records, maintenance facilities, equipment, parts and qualification of personnel, the establishment of maintenance and quality assurance systems, application for certification, revision of ratings, issuance, cancellation and renewal, collection of certification fees for the repair station certificate etc, shall be enacted by MOTC.
CAA shall send its personnel to inspect the repair station with regard to personnel ¡B facilities and operations. Those being inspected shall not refuse, avoid or obstruct such inspections. In case of any deficiencies noted, the CAA shall inform the repair station and set a time limit to correct the deficiencies. CAA shall terminate, in whole or in part, the operation of a repair station for any of the following conditions:
1)An airman who does not posses a valid certificate or an aircraft pilot whose physical and psychological status is not suitable for flight.
2)The flight test operation would cause imminent danger to persons or property on the ground.
An airman shall be a citizen of the ROC, unless granted a special approval by MOTC.
Airmen rated qualified after passing written and practical tests shall be issued a certificate by CAA. Only those in possession of such a certificate can be allowed to work on their respective jobs. The certificate should be carried with the person while performing his or her duties.
The rules governing classification of ratings for the above-mentioned airmen, eligibility for applying for a certificate/rating, items for tests of written and practical, reexamination, periodic rechecks, additional ratings, expired ratings, eligibility and procedure for a foreign citizen to apply for ratings, collection of license fees and general privileges of the certificate etc, shall be enacted by MOTC.
The testing of airman may be administered by a CAA delegated agency, body or individual. CAA shall prescribe measures related to qualifications, conditions, obligations and supervision of the agency, body or individual so delegated.
CAA shall conduct periodical physical examinations of aircraft pilots, flight mechanics and flight controllers as well as temporary checks.
Those meeting the standard will be issued a Clean Bill of Health which should be carried with the person in performing his or her duties. Those who fail to pass the physical examination shall be suspended from duty.
CAA shall prescribe measures relating to the preceding airmen¡¦s bodily constitution, timing of examination, items of examination, procedure for requesting a review of those who fail to pass the examination and conditions for submitting such a request for review, the length of time required, collection of fees for such examination and rating, issuance of clean bill of health and the basis on which those who fail to pass examination must be suspended from duty.
Airmen¡¦s physical examination stated in paragraph one may be handled by a CAA commissioned agency or body. CAA shall provide measures relevant to the qualification, condition obligation and supervision of such an agency or body so commissioned.
Article 27
With a view to cultivating civil aviation personnel, MOTC may consult with the Ministry of Education (MOE) to establish a civil aviation school, or ask MOE to increase or adjust related departments in existing academic institutions.
Any private civil aviation training institution shall apply to MOTC for approval prior to getting accredited.
MOCT shall establish rules governing the above said airmen¡¦s training institutions with regard to classification of training, organization, application for setting up such a school, application for a permit, its cancellation and renewal, procedure for student enrolment, qualification of trainees, curriculum of training, facility and equipment for training, qualification of the faculty, as well as collection of license fees and management of training.
CAA shall establish a state-operated air terminal with MOTC approval. Air terminals to be operated by a municipality under direct Central Government jurisdiction shall have application submitted to CAA for MOCT approval before such air terminal can be established. The same applies in the event of abolishing an air terminal.
CAA may send personnel to inspect a civil aviation training institution; to monitor its operations including employees, training, and equipment; and to monitor its business. The civil aviation training institution shall not refuse, avoid or impede such inspections, and will be notified of deficiencies if any, and shall improve within a certain period of time when so advised by the CAA.
CAA shall prepare, construct and operate a state-operated airport terminal with MOTC approval. A municipality under direct Central Government jurisdiction shall start to prepare, construct and operate a municipality operated airport terminal after obtaining approval for its application from MOTC through CAA.
A company limited by shares eligible under Article 10, paragraph 1, subparagraph 3, item 4 shall prepare a private airport terminal after obtaining approval for its application to prepare the airport terminal from MOTC through CAA. After completely the construction of the airport terminal within the approved preparation period, registering with the relevant government organs and obtaining approval for its application to operation from MOTC through CAA, the company shall operate the airport terminal.
MOTC shall prescribe rules governing such matters as the preparation, construction, application, approval, rental, ownership transfer, abolishment, cancellation, suspension of operation or dissolution, management and investment, operations supervision and other affairs that should be conform for the preparation, construction, operation of an airport terminal mentioned in the preceding two paragraphs.
Article 28-1
After the construction of an "airport terminal" mentioned in the preceding Article 28th , the airport operator shall apply to CAA for certification including its facilities and operations for the aircraft taking off, landing and movement in the activity area.
The "airport terminal" which has operated before the effective date of the amendment, the 15th June, 2007. The CAA shall inform the airport operator to apply the certification including its facilities and operations for the aircraft taking off, landing and movement in the activity area within a time limit.
About the items, certification, exemption procedure, issuance, suspension, and cancellation of the facilities and operations mentioned in the preceding two paragraphs, and other necessary procedures shall be formulated by MOTC.
CAA shall assign inspectors to inspect the facilities and operations for the aircraft taking off, landing and movement in the activity area in the "airport terminal" and shall supervise and direct its business. The airport operator cannot avoid, obstruct or refuse such inspection. Any deficiency is discovered, CAA shall inform the airport operator to make improvement in a time limit.
An airfield may be established and operated by the central or local governments, by ROC citizens or legal persons specified in Article 10, paragraph 1, subparagraph 3 of this Act after applications filed with CAA and approved by MOTC in consultation with authorities concerned. The same requirements shall apply to the lease, transfer or abolition of airfields.
The operators and managers of an airfield as stated in the preceding paragraph shall be limited to ROC citizens.
Article 29-1
MOTC shall establish rules governing application for permission to set up a private airfield, conditions for revocation, abolition and cancellation, suspension of operation or closure, flight control, meteorological forecast and weather report, designing and planning, safety service, request for temporary takeoff and landing and business management and other affairs that should be conformed.
No airport and airfield shall be utilized for any other purpose without CAA approval.
MOTC shall consult with the Ministry of National Defense for using a military airport or airfield.
The installation, alteration and abolition of navigation aids within the territory shall become effective only with CAA approval.
Any person who installs such navigation aids shall comply with CAA regulations in managing these facilities.
To bolster flight safety, CAA shall impose prohibition or restriction to a certain extent, on the heights of buildings and other obstructions around an air terminal, airfield or navigation aid installation and on the radiation angle of lighting thereof, and report the proposed move to MOTC which will consult with the Ministry of Internal Affairs (MOIA) and concerned agencies to reach consensus for a decision. It will then be announced by the municipal and county (city) governments. However, such a decision should not overrule any case of existing heights or lighting angles that has been specially approved by the Executive Yuan.
The MOTC in conjunction with MOIA and the Ministry of National Defense (MND) shall provide measures for regulating the heights of structures and radiation angle of lightings thereof, within certain range surrounding an air terminal, airfield and navigation aids, procedure for making public announcement, procedure for screening a proposed prohibition or restriction and for approving a special case.
Article 33
To deal with violators of prohibition or restriction rulings referred to in the preceding Article, CAA in conjunction with concerned agencies should notify the owner of the obstructive structure to make improvement within a time limit or to relocate. However, in the case of a specially approved structure as referred to in the preceding Article, the owner should be obliged to install obstacle lights and markings.
If such obstructive structures were already in place at the time the prohibition or restriction rulings were promulgated, operator of the airport or the airfield shall pay compensation for the relocation or for installing obstruction lights and marking.
Article 33-1
Owners of buildings or other facilities exceeding a certain height shall have obstacle lights and marks installed, and shall keep such lights and marking in normal working condition. The same shall apply to buildings or facilities not exceeding such height but nonetheless believed to have an impact on aviation safety upon evaluation.
Standards for the certain height¡Binstalling obstacle lights and marking mentioned in paragraph one shall be prescribed by MOTC in conjunction with the MOI.
Any person in possession of animals, pigeons and other birds shall prevent the same from entering an airport, airfield or area of navigation aids. The operator of an airport, airfield or navigation aids may catch and kill those animals, pigeons and other birds that have entered any of these areas which may pose a clear danger to aviation safety. Where there is any potential threat of such entry, appropriate measures may be implemented at a certain distance from the outer boundary of an airport to prevent such entry.
Except as otherwise approved by CAA, the raising of pigeons or releasing of any objects that may be considered hazardous to flight safety is prohibited within a certain distance from the outer boundary of an airport or airfield.
The MOTC, in conjunction with agencies concerned, shall determine and announce the exact distance referred to in the preceding paragraph. The operator of an airport or airfield shall make compensation for any pigeon house already in existence within such certain distance prior to the said announcement if such house is dismantled and moved within the announced time limit. Any pigeon house not dismantled and moved within the time limit or re-built without proper authorization shall be subject to compulsory dismantling by the operator of an airport and the Aviation Police Bureau in conjunction with the local police authorities without any compensation.
The MOTC shall prescribe the rules governing such matters as the application for the aforesaid compensation, on-site inspection, appraisal and grant of compensation.
The operator of an airport and the Aviation Police Bureau, in conjunction with the local police authorities, shall clamp down on the releasing of any object that may be considered hazardous to flight safety.
In an effort to control the noise problem at a civil airport, the CAA shall collaborate with the Environmental Protection Administration Executive Yuan in the determination of a noise abatement program.
Amongst airports referred to in the preceding paragraph, the noise abatement task of a state-operated airport shall be conducted by the CAA. The CAA may entrust the municipality or local county (city) government to conduct the task. For a non state-operated airport, the noise abatement task shall be conducted by its operator.
Article 36
The land needed for public airports, airfields and navigation aids may be requisitioned by the government in accordance with the laws.
Article 37
User, service or noise charges shall be paid for the use of airports, airfields, navigation aids and related facilities. The charge structures for using a state-operated airport, navigation aids and related facilities will be affixed by the MOTC. The charge structures for a non state-operated airport or airfield shall be formulated by its operator and then submitted to the MOTC through the CAA for approval. The same procedure shall apply in case of any modification thereof.
The noise charges referred to in the preceding paragraph shall be used exclusively for the control of noises. It shall be used first in noise abatement facilities in the vicinity of an airport utilized by civil aircraft. Any remaining budget, if necessary, may be used in health related facilities, or in deduction for electricity bills, house taxes and land value taxes etc. for the residents.
Among various charges stipulated in paragraph one, 8 percent of the total amount of airport landing charges levied annually shall be earmarked as recompenses to airports in accordance with the ratio each airport collects. These recompenses shall be used in maintaining the health of residents, scholarship or grant, social welfare, cultural activities, basic infrastructure budget and activities for public welfare etc.
The MOTC shall formulate the allocation and use of the above two kinds of charges for a state-operated airport. For a non state-operated airport, its operator shall formulate a plan for the allocation and use of such charges and then submit it to the MOTC through the CAA for approval. The allocation and use of the recompenses of an airfield shall be formulated by its operator and then submitted to the MOTC through the CAA for approval.
An aircraft shall carry the following documents during any flight:
1) Aircraft registration certificate;
2) Airworthiness certificate;
3) Flight logbook;
4) Passenger manifest when carrying passengers;
5) Cargo and mail manifest;
6) Aircraft radio station license.
The pilot-in-command shall ensure before takeoff that the documents described in the preceding paragraph are aboard the aircraft.
If the documents described in the preceding paragraph are not in order or invalid upon the required CAA preflight checks, the flight shall be terminated.
Special flight shall be performed only after an application filed with CAA has been approved.
The owner or operator of an aircraft with an airworthiness certificate shall maintain the aircraft in accordance to regulations to insure the aircraft remains airworthy and conduct a preflight inspection before flight. If the aircraft is found not to be airworthy determined by an inspector or the pilot-in-command, the aircraft shall not be allowed to take off.
CAA shall send personnel or delegate another agency or body to inspect the maintenance activities of the owner or operator of the aforesaid aircraft. The owner or operator of an aircraft may not refuse, evade or impede such inspection. If the maintenance status does not meet airworthiness and safety requirements, the aircraft shall be grounded and its airworthiness certificate be revoked.
Civil Air Transport Enterprise shall publish aircraft ages, flight hours, the latest maintenance records, and pilots¡¦ flight hours for passengers¡¦ reference in choosing carriers.
The qualifications, duties and supervision for those delegations as per paragraph two, as well as the procedures to delegate aircraft inspections, shall be formulated by MOTC.
In the interest of flight safety, aircraft in flight shall submit to the appropriate requirements of general flight rules, visual flight rules and instrument flight rules. Aircraft shall also follow all instructions issued by the air traffic control unit.
Specific air traffic control procedures described above for general flight rules, visual flight rules, instrument flight rules and other related flight rules shall be prescribed by CAA.
Article 41-1
The owner or operator of an aircraft shall be responsible for flight safety of the aircraft and shall conduct safe flight operations pursuant to this Act or any regulation issued under this Act.
Rules governing flight operations, preparation for flight, aircraft performance and operational limitations, aircraft instruments, equipment and documents, aircraft telecommunication, navigation equipment, aircraft maintenance, flight crew operation, qualification of pilots, dispatchers, handbooks, forms/records, cabin crew and security shall be enacted by MOTC.
CAA shall send personnel to inspect the operations activity of the owner or operator of the aircraft. The owner or operator of an aircraft may not refuse, evade or impede such inspection and will be notified of deficiencies if any. All deficiencies shall be corrected within a time limit when so advised by the CAA. CAA shall terminate the flight operation for any of the following conditions:
1) An airman who does not posses a valid certificate
2) An aircraft pilot whose physical and psychological status is not suitable for flight.
Article 41-2
Rules governing matters of flight safety-related such as publication of bulletins, fire-fighting, search & rescue, taking emergency measures, as well as investigation of non-aircraft accident or major incident, statistics and analysis, shall all be prescribed by CAA.
No aircraft shall be allowed to fly over prohibited areas.
Aircraft flying over restricted or dangerous areas must comply with the applicable provisions of the regulations.
Any dangerous goods shall not be carried or consigned on board an aircraft, except complying with the provisions of paragraph four or the dangerous goods standards used in international practices regulations about the classification, identification, limitation, packing, marking, labeling, declaration and shipper¡¦s responsibility approved by CAA.
The civil air transport enterprise, general aviation, air freight forwarder, airport ground handling service, catering service and air cargo entrepot shall not consign, store, load or transport any dangerous goods, except complying with the provisions of paragraph four or the dangerous goods standards used in international practices about the classification, identification, limitation, packing, marking, labeling, declaration, shipper¡¦s responsibility, responsibility of the owner or operator of an aircraft, information providing, handling, training program, application procedure and compliance affair, accident or incident report, and other provisions of dangerous goods approved by CAA.
CAA shall publish the name of dangerous goods referred to in the preceding two paragraphs.
The regulations of classification, identification, limitation, packing, marking, labeling, declaration, shipper¡¦s responsibility, the responsibility of the owner of operator of an aircraft, information providing, handling, training program, application procedure, compliance affair, accident or incident report, and other provisions shall be enacted by MOTC. The dangerous goods regulations used in international practices, which are adoptable for domestic use can be referred to after CAA approves.
Any gun, cannon, knife referred to in the Act Governing the Control and Prohibition of Gun, Cannon, Ammunition, and Knife, and any other suspicious articles hazardous to flight safety shall not be carried on board an aircraft except the specially authorized firearms according to the demand of the special mission approved by the Aviation Police Office and agreed by the operator.
CAA shall publish the names of suspicious articles hazardous to flight safety referred to in the preceding paragraph.
No person shall use any device that may interfere with navigation or telecommunications from the time the cabin door is shut and the cabin crew announces such prohibited use up to the time the said door is reopened.
CAA shall publish the types of devices that may cause interference with navigation or telecommunications, as well as the conditions for such prohibited use.
No object shall be dropped from an aircraft in flight, unless otherwise provided for by law, or unless the object dropped is necessary for the safety of flight or for rescue purposes.
The pilot-in-command of an aircraft is directly responsible for the safe operation of that aircraft and may take any necessary steps to deal with an emergency.
An aircraft, its passengers and cargo, shall be available for examination by appropriate authorities in accordance with law prior to and after a flight.
CAA should help mediate in any dispute between the air carrier and passengers during or upon completion of a flight.
If passengers ignore efforts at mediation and refuse to leave aircraft after landing, the air carrier with CAA consent may request assistance of the Air Police Bureau to persuade or force passengers to leave aircraft after landing, the air carrier with CAA consent may request assistance of the Air Police Bureau to persuade or force passengers to leave aircraft.
Measures for mediation stated in paragraph one shall be provided by CAA.
For purposes of conducting matters relating to national civil aviation security, MOTC shall formulate a national civil aviation security program and submit it to Executive Yuan for approval prior to its implementation.
Aviation Police Office, which is the security authority of each airport, shall formulate each airport security program and submit it to CAA for approval prior to its implementation.
Each publicly and privately owned institution with operations at an airport shall comply with the regulations of the airport security program of the airport where it is operating.
The civil air transport enterprise and general aviation enterprise shall formulate its own aviation security program and submit it to CAA for approval prior to its implementation.
The foreign civil air transport enterprise shall formulate its own aviation security program and submit it to CAA for acceptance prior to its implementation.
The air cargo entrepot, airport ground handling service, catering service and publicly and privately owned institution with operations at an airport connected with a security restricted area of an airport that has an independently guarded entrance connecting a non- security restricted area, shall formulate its own aviation security program of the airport where it is operating and submit it to Aviation Police Office for approval prior to its implementation.
The air freight forwarder should formulate an aviation security program and submit it to Aviation Police Office for approval to apply for the regulated agent.
Aviation Police Office may dispatch security inspectors to audit, inspect and test the security measures and practices of each publicly and privately owned institution operating at an airport and of the regulated agent. The unit subjected to such security audit, inspection and test shall not avoid, impede, or refuse, and will be notified of deficiencies, if any, and shall redress such deficiencies within a specified time limit.
While dispatching security inspectors to implement the security audit, inspection and test referred to in the preceding paragraph, Aviation Police Office may request the operator of an airport to jointly conduct.
The passenger, baggage, cargo and mail that haven¡¦t been screened by Aviation Police Office shall not board nor be loaded onto an aircraft; unless it complies with any of the following:
1)No screening is required under the provision of a treaty, agreement or international convention.
2)The cargo subject to security control implemented by a regulated agent according to its own approved aviation security program.
3)Other exception approved by Aviation Police Office according to applicable regulations.
The owner or operator of an aircraft shall not carry the passenger, baggage, cargo and mail that haven¡¦t been screened according to the provision of the paragraph one.
The crew, along with their cabin, hold baggage and articles shall be screened by Aviation Police Office before boarding or loading onto an aircraft; anyone refuses to be screened shall not board nor load onto the aircraft.
The owner or operator of an aircraft shall be responsible for the aviation security of their own aircraft.
The provisions of preceding five paragraphs shall be applicable to the owner or operator of a foreign aircraft.
The operator of an airport shall designate certain areas of the airport as security restricted area for purposes of maintaining security and operation.
The personnel, vehicles and articles carried or transported by them shall be screened by Aviation Police Office when entering and leaving the security restricted area.
Rules governing the formulating, reporting and approving procedures for aviation security program; the security measures as to protect an aircraft on the ground, aircraft security check; passenger, baggage, cargo, catering supplies and catering stores; application procedures of a regulated agent; escorts and personnel under their escort; matters to be followed by armed air marshal and other personnel carrying weapons on board as approved by Aviation Police Office; qualifications of the security control personnel; contingency response measures relating to aviation security incidents; formulating, reporting and approving procedures for aviation security quality control programs; formulating, reporting and approving procedures for security training programs; non-disclosure of security information; security management of the owner or operator of an foreign aircraft and other matters to be followed about the aviation security shall be enacted by MOTC.
Section One Civil Air Transport Enterprise
Any person desiring to establish a civil air transport enterprise shall request MOTC through the CAA for permission to establish its business. Within a specified preparatory period the applicant shall, according to law, complete registration with appropriate authorities, execute agreements for conditional or unconditional purchase of aircraft, and submit to MOTC through CAA for approval. If an applicant¡¦s business scope includes international transport, the applicant shall register with the Customs Office to acquire appropriate certification. The civil air transport enterprise may begin its operation only after receiving a same as business license from CAA.
The license shall become invalid if the enterprise fails to start operations within 24 months from the date the license was issued, or it has suspended operations over 6 months after starting its business. In this case, CAA shall report to MOTC to have the license revoked and notify agencies concerned to cancel its registration, unless an extension justified by special circumstances is applied for and approved through due process.
Before a civil air transport enterprise terminates its operation, advance notice must be served to MOTC through CAA. Within 30 days from termination, it should surrender the issued license for cancellation. If the license has not been surrendered within the 30-day period, CAA will issue a public notice advising that the license has been revoked.
A civil air transport enterprise shall be formed as a corporate organization adhering to the following rules:
1)Unlimited company with the entire body of its shareholders being citizens of the ROC.
2)Limited company with over 50 percent of capital owned by citizens or legal persons of the ROC and represented by directors who are citizens of the ROC.
3)Company formed by shareholders of both limited and unlimited liabilities, whose unlimited liability shareholders are citizens of the ROC.
4)Company limited by shares with over 50 percent of its total shares owned by citizens or legal persons of the ROC, whose chairman and over 50 percent of the directors are citizens of the ROC; provided that no single citizen or legal person of a foreign country may hold more than 25 percent of its total shares.
For a company limited by shares, all the shares issued should be registered by name.
Article 50
A civil air transport enterprise should have secured international air traffic rights with relevant slots and in possession of an air route certificate, before it can engage in international scheduled air transport service on assigned air routes. CAA shall establish an international airport slot coordination committee or commission a neutral entity to conduct the allocation of slots. CAA shall prescribe measures relative to the qualification, condition, obligation and supervision of the entity so commissioned.
Similarly, civil air transport enterprise should have acquired aircraft takeoff & landing allotment for domestic airports or slots and in possession of an air route certificate, prior to commencing domestic scheduled air transport service on designated air routes.
The points of departure, intermediate points and destinations along the designated air routes related to in the foregoing two paragraphs, nature of service and validation date are all specified in the air route certificate.
Guidelines for the screening of international air traffic rights allocation stated in paragraph one shall be formulated by MOTC.
CAA shall prescribe measures for regulating aircraft takeoff & landing allotment for domestic airports and time zone.
A civil air transport license or air route certificate is not transferable, and the license or certificate holder must not consider him- or herself as enjoying exclusive rights to operate the various services as prescribed in the permit or certificate thereof.
A civil air transport enterprise holding an air route certificate, or any aircraft stopping over in ROC territory shall be required to carry mail in accordance with the provisions of the ROC Postal Act.
Freight rates for airmail letters and air postal parcels shall be lower than those for ordinary air cargo.
A civil air transport enterprise shall give priority to transport airmail over that of passengers and cargo.
Civil air transport enterprise shall notify MOTC through CAA regarding its tariffs for passengers and cargo on international scheduled air routes. For those tariffs on domestic scheduled air routes, shall notify MOTC through CAA to approve the ceiling and bottom tariffs. The same procedure applies in the event of rate changes.
Rules governing the utilization of tariffs, preferential proposals, application procedures for approval, effective day and any other relevant matters shall all be formulated by MOTC.
As a favorable consideration to residents in remote offshore islands such as Penghu country, Chinmen county, Lienchiang county, Lanyu island and Green island both in Taitung county, airfare subsidies shall be offered for travel by air to and from their residence or between offshore islands.
Aircraft in use for the above purpose include fixed wing type and helicopters.
Air carriers serving offshore islands with fixed wing aircraft and/or helicopters should be rewarded.
Measures of granting airfare subsidies as described in third paragraph and of reward in preceding paragraph shall be drafted by MOTC for ratification by the Executive Yuan (Cabinet).
