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

Print Time:2024/12/05 03:23
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Chapter Law Content

Chapter 1 General
Article 1
The Regulations are established pursuant to the provisions of Paragraph 4, Article 9 of the Civil Aviation Act.
Article 2
In the Regulations herein, the definition of the terms referred hereinafter shall be:
1) “Appliance” means major components of aviation products and the failure of which will endanger the operation safety of the product.
2) “Part” means parts and components that are used on aviation products and appliances.
3) “Type Certificate (TC)” means a design approval issued when the applicant demonstrates that a product complies with the applicable regulations.
4) “Supplemental Type Certificate (STC)” means a design approval issued by the Civil Aviation Administration (CAA) approving a major design change for a type certificated aviation product when the applicant demonstrates that the design change complies with the applicable regulations.
5) “Type Validation Certificate (VTC)” means a design approval issued by the CAA approving an imported aviation product when the applicant demonstrates that the product complies with the applicable regulations.
6) “Production certificate” means an approval to manufacture duplicate products under a type certificate or a supplemental type certificate.
7) “Parts Manufacturer Approval (PMA)” means a combined design and production approval for modification and replacement parts for installation on type certificated products.
8) “Technical Standard Order (hereinafter referred to as TSO)” means the minimum performance standards that CAA prescribes for TSO articles.
9) “Technical Standard Order Article (Hereinafter referred to as TSO Article)” means parts or components that are found to meet a specific TSO.
10) “Technical Standard Order Authorization (TSOA)” means a combined design and production approval issued by the CAA for a TSO Article when the applicant demonstrates that the design change complies with the applicable regulations.
11) “Production Approval Holder (PAH)” means a manufacurer who holds a production certificate, a parts manufacturer approval, or a technical standard order authorization.
12) “Airworthiness Directive (AD)” means a notification issued by the CAA or other national civil aviation authorities to aircraft owners and operators of a known safety deficiency with a particular aviation product, equipment, component or parts and the necessary actions that they shall comply with. An AD is issued when an unsafe condition exists in a product, equipment, component or parts and the condition is likely to exist or develop in other products, equipment, components or parts of the same design.
13) “Normal Category Aircraft” means an aircraft which satisfies the conditions below and is certified as a normal category aircraft by the CAA or by the civil aviation authority of the design state of the aircraft and intended for non-acrobatic operation:
(a) airplane that has a seating configuration, excluding pilot seats, of nine or less and a maximum certificated takeoff weight of 5700 kg or less; or
(b) helicopter that has a maximum certificated takeoff weight or maximum weight of 3180 kg or less.
14) “Acrobatic Category Aircraft” means an airplane has a seating configuration, excluding pilot seats, of nine or less and a maximum certificated takeoff weight of 5700 kg or less and is certified as an acrobatic category airplane by the CAA or by the civil aviation authority of the design state of the aircraft.
15) “Utility Category Aircraft” means an airplane has a seating configuration, excluding pilot seats, of nine or less and a maximum certificated takeoff weight of 5700 kg or less and is certified as a utility category airplane by the CAA or by the civil aviation authority of the design state of the aircraft.
16) “Commuter Category Aircraft” means an airplane has a seating configuration, excluding pilot seats, of 19 or less and a maximum certificated takeoff weight of 8640 kg or less and is certified as a commuter category airplane by the CAA or by the civil aviation authority of the design state of the aircraft. The commuter category airplane is intended for non-acrobatic operation.
17) “Transport Category Aircraft” means an aircraft certified as a transport category aircraft by the CAA or by the civil aviation authority of the design state of the aircraft. The Transport Category Airplane is intended for non-acrobatic operation.
18) “Free Balloon” means a non-power-driven lighter-than-air aircraft which is used for manned operation and type certificated by the CAA or by the civil aviation authority of the design state of the balloon. Free Balloon includes gas free balloon and hot air free balloon.
Article 3
The holder of a Type Certificate (TC), a Supplemental Type Certificate (STC), a Parts Manufacturer Approval (PMA), a Technical Standard Order Authorization (TSOA), or the licensee of a Type Certificate shall report to the CAA any failure, malfunction or defect during operation in any product, parts, or article, that has left its quality system and that it determines has resulted in any of the occurrences listed in this article. The initial report shall be made in a prescribed form to the CAA within 24 hours after it has determined that the malfunction, failure, or defect required to be reported has occurred.
1) Fires caused by a system or equipment failure, malfunction, or defect;
2) An engine exhaust system failure, malfunction, or defect which causes damage to the engine, adjacent aircraft structure, equipment, or component;
3) The accumulation or circulation of toxic or noxious gases in the crew compartment or passenger cabin;
4) A malfunction, failure, or defect of a propeller control system;
5) A propeller of rotor craft hub or blade structural failure;
6) Flammable fluid leakage in areas where an ignition source normally exists;
7) A brake system failure caused by structural or material failure during operation;
8) A significant aircraft primary structural defect or failure caused by any autogenous condition (fatigue, corrosion, under-strength, etc.);
9) Any abnormal vibration or buffeting caused by a structural or system malfunction, defect, or failure;
10) An engine failure;
11) Any structural or flight control system malfunction, defect, or failure which causes an interference with normal control of the aircraft for which derogates the flying qualities;
12) A malfunction or failure of more than one airspeed, attitude or altitude instrument during a given operation of the aircraft;
13) A complete loss of more than one electrical power generating system or hydraulic power system during a given operation of the aircraft.
Whenever the investigation of an accident or service difficulty report shows that an article manufactured under the holder of a Type Certificate (TC), a Supplemental Type Certificate (STC), a Parts Manufacturer Approval (PMA), a Technical Standard Order Authorization (TSOA), or the licensee of a Type Certificate shall report to the CAA the results of its investigation and any action taken or proposed by the manufacturer to correct that defect. If action is required to correct the defect in existing articles, the manufacturer shall submit the data necessary for the issuance of an appropriate airworthiness directive to CAA.
Article 3-1
From 14 November 2013, an organization responsible for the type design or manufacture of aircraft shall implement a safety management system acceptable to the CAA that, as a minimum:
1) identifies safety hazards;
2) ensures the implementation of remedial action necessary to maintain agreed safety performance;
3) provides for continuous monitoring and regular assessment of the safety performance; and
4) aims at a continuous improvement of the overall performance of the safety management system;
The safety management system shall clearly define lines of safety accountability throughout the organization responsible for the type design or manufacture of aircraft, including a direct accountability for safety on the part of senior management and comply with the requirements prescribed in Attachment 5-1.
Article 4
An applicant for Type Certificate (TC), Supplemental Type Certificate (STC), Technical Standard Order Authorization (TSOA) governed by the applicable requirements of the airworthiness standards, may petition the CAA (Attachment 2) for a temporary or permanent exemption from certain provisions of the airworthiness standards for technical reasons.
Article 5
For international cooperation on aviation product design, manufacture or assembly, the certification shall be in accordance with the regulations herein unless an arrangement between CAA and the foreign authority(ies) involved is otherwise established.
Article 6
Appliances imported shall be certificated or validated in accordance with the regulations herein unless an arrangement between CAA and the foreign authority(ies) involved is otherwise established.
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