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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/12/12 05:09
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Article 1
This regulation is enacted in accordance with Paragraph 4 of Article 7-1 of Civil Aviation Act (hereafter referred to as this Act.)
Article 2
To apply for flight activities of private aeroplanes, helicopters or free balloons, applicants shall obtain a letter of agreement from the aircraft home base provider in advance and submit the following documents in duplicate to the Civil Aviation Administration, Ministry of Transportation and Communications (hereafter referred to as CAA) to be transferred to the Ministry of Transportation and Communications (hereafter referred to as MOTC) for approval for preparatory operations.
1) Application (Attachment 1)
2) Plan of usages of aircraft: including usages, frequency of use, home base location and flight destinations
3) Specifications of the aircraft to be used
4) Equipment, structure, and training programs for flight and maintenance operations
5) Source of pilots and training
6) Depending on the status of the applicant, the following documents shall be submitted:
A. Individuals: Identification certificate
B. Businesses: List of principal shareholders, roster of board directors and supervisors, and business registration certificate
C. Other legal persons: Roster of board directors and supervising directors, and legal person registration certificate
Where the application of a civil air transport enterprise for flight activities of private airplanes or helicopters as described in the preceding paragraph is found to involve one of the following scenarios, CAA may recommend MOTC to restrict the scope of operation or to deny the applicant:
1) The airport takeoff and landing quota or time slot is insufficient.
2) The airport facilities are insufficient.
Article 3
Applicants with approval for preparatory operations for private aircraft activities as described in the previous article shall submit the maintenance plan induplicate (including maintenance structure, personnel, training programs and maintenance capacity) for CAA approval before bringing in aircrafts.
The aircrafts importing from overseas shall be no more than 10 years of age.
Article 4
An applicant with approval to begin preparatory operations for aircraft activities according to Article 2 shall within the specified preparatory period equip itself with aircrafts, enable itself to engage in safe operation in line with related regulations and pass the review of operational standards conducted by CAA, and submit the following documents in duplicate to CAA for MOTC approval. The applicant shall not begin flight activities before receiving permission from CAA. When terminating the activity, file with CAA for MOTC record.
1) Aircraft purchase contract or ownership certificate
2) Certificate of liability insurance taken
3) Inventory of maintenance and repair equipment, hangar and field facilities, or contract authorizing a qualified business concern to be responsible for the aforementioned
4) Lists of equipment, organization and personnel for flight and maintenance operations
5) List of pilots
When the maximum takeoff weight of a private aircraft exceeds 5,700kg, an additional aviation security program is required.
When a document prescribed in Paragraph 1 is in a foreign language, the applicant shall attach an abridged Chinese version with the document.
Article 5
The operator of private aircraft activities shall be the sole owner of the aircraft.
Article 6
When changing or increasing aircrafts, the operator of private activities shall submit the documents prescribed in Items 1 to 5 of Paragraph 1 of Article 2 to CAA for MOTC approval to begin preparatory operations. The operator shall then conduct the preparatory operations according to provisions in Article 3 and Article 4.
Before changing aircraft home base, the operator of private aircraft activities shall obtain a letter of agreement from the provider of the facilities and apply to CAA for permission.
Article 6-1
The validity of the approval for preparatory of private aircraft activities as described in Article 2 and the preceding article is one year; Nevertheless, the extension may be applied to CAA for MOTC approval before the expiration date if there are any proper reasons to justify an extension.
The aforesaid extension shall not exceed a period of one year, and it can only be granted once.
Article 7
A private aeroplane or helicopter shall take off from and land in an airport or private airfield and all aircraft activities shall be applied for according to the following regulations:
1) The aircraft owner or agent shall submit the following documents to apply to CAA two working days prior to the expected takeoff time when using a civil airport or private airfield, or 3 workdays before the expected takeoff time when using a civil and military airport:
A. Application (Attachment 2)
B. Certificate of liability insurance taken
C. Passenger list (Attachment 3) – changes of passenger names shall be presented to CAA, the airport and the operator or manager of a private airfield before takeoff.
2) Inform concerned airports and the operator or manager of a private airfield of voluntary cancellation of approved flights before takeoff.
3) Flight permission is valid within 24 hours before and after the estimated time of departure and arrival as shown in the flight notification (Attachment 4).
The agent referred to in Item 1 of Paragraph 1 shall be restricted to representation for a civil air transport enterprise or a general aviation enterprise running business charters when applying for domestic aviation, or representation for a civil air transport enterprise running international carrier services or a general aviation enterprise operating international business charters when applying for international aviation. An aircraft maintenance service may act as an agent to process applications for aviation for maintenance ferry or test flight purposes.
CAA shall provide the aircraft takeoff and landing quota, time slot and facilities of an airport for public transportation as a priority and shall judge the traffic condition to determine whether to restrict or disapprove a flight application described in Paragraph 1.
CAA may commission the airport operator to conduct and approve the flight application or changes in Paragraph 1.
The commissioned the airport operator and matters, and the legal basis for such commission in the preceding paragraph shall be publicly announced and published in a government gazette.
Article 7-1
To apply for private flight activities of free balloons shall, 1 month before activity, enclose the plan to apply for CAA permission.
The plan shall include following papers:
1) Reason for application.
2) Contents of activities (including aircraft nationality mark and registration number, and expected to start and end time of activities).
3) Airspace (including scope, height and period of time.)
4) Relevant document of the temporary takeoff and landing field used.
5) Certificate of liability insurance taken.
The airspace referred to in subparagraph 3 of the preceding paragraph shall follow the relevant provisions of the Rules of the Air.
The temporary takeoff and landing field referred to in subparagraph 4 of paragraph Ⅱ shall follow Article 21 of Regulations Governing the Management of Private Airfields.
To apply for flight activities of free balloons shall present the list of passenger (Attachment 4) to the airport designated by CAA for record as well as the list of passenger changed.
The provisions of Article7-1 shall apply to the government offices used their own free balloons for flight.
Article 8
An individual or business engaged in private aircraft activities shall register with competent authorities and report to CAA for record within 15 days after the registration when one of the following situations occur:
1) Change of address
2) Change of name of individual
3) Change of name of legal person, representative, board director, and supervisor
Article 9
An individual or business engaged in private aircraft activities is required to take liability insurance. The Rules of Compensation for Damage Caused to Passengers and Freight are applicable to the liability insurance amount described in the preceding paragraph.
Article 10
An individual or business engaged in private aircraft activities carrying dangerous goods shall be subject to the Regulations Governing the Safe transport of Dangerous Goods by Air.
Article 11
An individual or business engaged in private aircraft activities shall not undertake any profitable flight operations or lease aircrafts to others under any circumstances.
Article 12
An individual or business engaged in private aircraft activities shall keep the passenger lists and cargo manifests or their electronic files for at least 2 years for CAA’s record.
Article 13
CAA shall dispatch personnel to inspect the staff, equipment, flight operations, and activities of individuals or businesses engaged in private aircraft activities. The inspected shall not under any circumstances evade, impede, or refuse inspection. CAA shall notify the inspected to improve within a specified time period any defects found during inspection.
Article 13-1
Application for preparatory operations or for flight activities of private aircrafts shall be charged with the following examination fees:
1) The applicant applying the approval for preparatory operations of private aircrafts according to Article 2 shall be charged with examination fee NT$15,000
2) The applicant applying the approval for flight activities of private aircrafts according to Article 4 shall be charged with examination fee NT$21,000
Article 13-2
All flight application mentioned in this regulations may be applied through the on-line information system designated by CAA.
Article 14
This Regulation shall become effective on the date of promulgation.
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