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Chapter Law Content

Title: Civil Aviation Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 9-1 Ultra-light Vehicle
Article 99-1
Subject to approval by CAA to set up an activity association for ultra-light vehicle (“activity association”) and to register the association as a legal entity for community group under the laws, the activity association is allowed to operate after its activities guideline has been approved by CAA.
The activities guideline shall include the following:
1)Applications for manufacturing, importation, registration, inspection, issuing certification and changing (reissuing) certificate for ultra- light vehicle.
2)Applications for issuing and changing (reissuing) operating license for ultra-light vehicle.
3)Plan of requirement, arrangement, and application for places of activities.
4)Scope, limitation, execution of activities in airspace, safety and management of airspace.
5)Notification and handling of Flight safety-related event.
The rules governing the organizational establishment, procedures for abolishment, function guide implementation, ultra-light vehicle importation, registration, inspection, issuance of operating certificate and renewal, operation and air navigation limitations, application for operation areas, application for competition, fare and pricing standards ,accident/incident reporting, vehicles design, manufacturing, test flight of ultra-light and other requirements should compliance will be enacted by the MOTC.
The ultra-light vehicle design and manufacturing standard will be prescribed by the 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.
Article 99-2
Owners and operators of ultra-light vehicle shall join an activity association as members and comply with the guideline provided by the activity association before starting activities. Manufacturers and their operators of ultra-light vehicles may be excluded from the guideline made by the association stated above.
Owners and operators of ultra-light vehicles shall be responsible for flight safety, keep the ultra-light vehicle in serviceable condition, and perform a safe flight operation in accordance with CAR and related regulations.
Article 99-3
Ultra-light vehicles shall be registered, inspected and obtain the inspection certificate before commencing activity. The foregoing shall not apply to Article 99-1, paragraph 3 regarding ultra-light vehicles design, manufacturing, test flight activities.
Operators of ultra-light vehicles shall pass a physical examination and a written and practical test before obtaining the operating certificate prior to commencing activities.
The regulations governing ultra-light vehicle registration, certification and operating certificates may be administered by CAA or a designated agency.
Article 99-4
The airspace for ultra-light vehicle shall be defined by MOTC together with the Ministry of National Defense; and can be revoked if and when necessary.
The above-mentioned airspace shall not include the airspace of national parks and planned urban development region. Nevertheless, it shall include agriculture and scenery areas or areas approved by the Executive Yuan.
The period for use, or any other prohibitions or limitations for use of airspace mentioned in the first paragraph can be preside over by CAA for national defense, for safeguarding aviation safety, or for public interest, must be published.
The activity association shall inform its members of the publication mentioned in the preceding paragraph.
Article 99-5
The operator of ultra-light vehicle shall operate the vehicle by visual flight, and shall not:
1)Operating the vehicle outside the designated airspace except during an emergency situation.
2)Operating the vehicles while blood alcohol content exceeding 0.02% or when exhaling, exceeding 0.01mg per liter.
3)Fly after sunset and before sunrise.
4)Performing ultra-light vehicle flying activity in any unauthorized activity field.
Operator of an ultra-light vehicle shall avoid coming close to or hitting another aircraft, ultra-light vehicle or obstruction during flight operation.
CAA may seek assistance from other government officials when enforcing ultra-light vehicle regulations and procedures.
Article 99-6
Where casualty, bodily injury or damage to property occurs as a result of operating an ultra-light vehicle, the owner of the vehicle shall be liable for compensation regardless of whether such accident is due to willful action or negligence. Owner of the ultra-light vehicle shall also be liable for damage caused by force majeure. The same also applies to damage caused by falling or dropping objects from the vehicle.
The owner and operator of ultra-light vehicle shall be jointly liable for damages mentioned in the preceding paragraph if the owner of ultra-light vehicle allowed a third party to operate the ultra-light vehicle.
The compensation amount for death and bodily injury in the preceding 2 paragraphs shall also be applied to the standards as mentioned in the rules of paragraph 1 of Article 93, The standards of liability set forth shall not affect the right of the victim to bring claim in a lawsuit.
The owner of ultra-light vehicle shall purchase liability insurance for the compensation amount mentioned in the preceding paragraph.
Article 99-7
CAA may provide personnel to inspect an activity club and its members for various equipments, business and ultra-light vehicle. The activity club 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 CAA.
Article 99-8
The provisions of paragraph 1 of Article 42, paragraph 1 of Article 43, main text of Article 44, Article 98, and Article 99 shall apply to the ultra-light vehicle.