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Chapter Law Content

Title: Civil Aviation Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 10 Penalties
Article 100
Any person who hijacks an aircraft by force, threat or other means shall be subject to punishment by death, imprisonment for life, or imprisoned for not less than 7 years.
Such person who causes death to another shall be subject to the penalty of death or imprisonment for life; subject to the punishment by death, imprisonment for life or no less than 10 years while causes serious injury to another person.
Any person attempting to commit the crime described in paragraph 1 shall be punished.
Any person conspiring to commit the crime described in paragraph 1 shall be liable to imprisonment not exceeding 3 years.
Article 101
Any person who endangers flight safety or aviation facilities by force, threat or other means shall be liable to imprisonment not exceeding 7 years, detention or a fine of up to NT$900,000.
Such person who caused damage to aircraft or other facilities shall be subject to imprisonment from 3 to 10 years.
Such person who causes death to another is subject to the penalty of death, imprisonment for life or more than 10 years; subject to imprisonment from 5 to 12 years for causing serious injury to another.
Any person attempting to commit the crime described in paragraph 1 shall be punished.
Article 101-1
Any person who jeopardizes the normal operation of an airport terminal or navigation aids by theft, destruction or other illegal manners shall be sentenced to imprisonment from 1 to 7 years; in addition thereto, a fine of up to NT$10,000,000 may be imposed.
Any person who commits the crime mentioned in the preceding paragraph with the intention of jeopardizing national security or social stability shall be sentenced to imprisonment from 3 to 10 years ; in addition thereto, a fine of up to NT$50,000,000 may be imposed.
Such person who commits the crime stated in the preceding two paragraphs and consequently causes catastrophe shall be subject to the sentences prescribed by increasing it up to one half. If the crime results in death of others, the person shall be subject to life imprisonment or imprisonment not less than 7 years ; in addition thereto, a fine of up to NT$100,000,000 may be imposed. If the crime results in severe injuries, the person shall be subject to imprisonment from 5 to 12 years ; in addition thereto, a fine of up to NT$80,000,000 may be imposed.
Any person attempting to commit a crime described in Paragraphs 1 and 2 shall be punished.
Article 101-2
Any person who jeopardizes the normal operation of the core information and communication system of an airport terminal or navigation aids in any of the following manners shall be sentenced to imprisonment from 1 to 7 years ; in addition thereto, a fine of up to NT$10,000,000 may be imposed:
1)Gaining access into the computer or related equipment by entering the password of the computer account, cracking the protective measures for using the computer or exploiting the loophole of the computer system without due cause.
2)Interfering with the computer or related equipment through the use of computer programs or other electromagnetic means without due cause.
3)Obtaining, deleting or changing the electromagnetic records of the computer or related equipment without reason.
Any person who makes computer programs specifically for him/herself or another to commit a crime specified in the preceding paragraph shall be subject to the same punishment.
Any person who commits the crime mentioned in the preceding two paragraphs with the intention of jeopardizing national security or social stability shall be sentenced to an imprisonment from 3 to 10 years; in addition thereto, a fine of up to NT$50,000,000 may be imposed.
Such person who commits the crime stated in the preceding three paragraphs and consequently causes catastrophe shall be subject to the sentences prescribed by increasing it up to one half. If the crime results in death of others, the person shall be subject to life imprisonment or imprisonment not less than 7 years ; in addition thereto, a fine of up to NT$100,000,000 may be imposed. If the crime results in severe injuries, the person shall be subject to imprisonment from 5 to 12 years ; in addition thereto, a fine of up to NT$80,000,000 may be imposed.
Any person attempting to commit a crime described in Paragraphs 1 to 3 shall be punished.
Article 102
Any person who violates the provisions specified in Article 43-2, paragraph 1 shall be subject to imprisonment not exceeding five years, detention or a fine of up to NT$ 150,000.
Any person committing the crime stated in the preceding paragraph and consequently causes death to another shall be subject to imprisonment for life or not less than 7 years; subject to imprisonment from 3 to 10 years for causing serious injury to another.
Article 103
Any person operating an aircraft without an airworthiness certificate shall be subject to imprisonment not exceeding 5 years, detention or a fine of up to NT$1,000,000.
The same applies also to a person flying an aircraft with an invalid airworthiness certificate.
Article 104
Any person who engages in a flight without a airman certificate and medical certificate shall be subject to imprisonment not exceeding 5 years, detention or a fine of up to NT$1,000,000.
Article 105
Any person making a false report to a government official, to the staff of a civil air transport enterprise, or the staff of an activity association alleging a threat to aviation safety or aviation facilities without naming or identifying the violator or offender, or disseminating false information such as to jeopardizes the flight safety, shall be subject to imprisonment up to3 years, detention or a fine up to NT$1,000,000.
Any person committing the crime stated in the preceding paragraph and consequently causing real danger to flight safety shall be subject to imprisonment from 3 to 10 years; for causing damage to an aircraft or casualties is subject to imprisonment for life or over 5 years.
Article 106
Any person who, by fraudulence in application for certification or registration, obtaining an airman certificate, medical certificate, certificate of aircraft registration or airworthiness certificate, shall be subject to imprisonment up to 5 years, detention or a fine of up to NT$1,000,000.
The license and certificates referred to above shall be revoked by CAA.
Article 107
In case of violation of the provisions of paragraph one and two of Article 78, the pilot-in-command shall be subject to imprisonment not exceeding 3 years, detention or a fine of up to NT$1,000,000.
Article 108
Any airman, duty personnel aboard an aircraft, passenger, or operator of ultra-light vehicle who violates the provisions of Article 44 without justifiable reasons shall be subject to imprisonment not exceeding 3 years, detention or a fine of up to NT$600,000.
Article 109
Any person who violates the provisions specified in Article 42, paragraph 1 shall be subject to imprisonment not exceeding 2 years, detention or a fine of up to NT$400,000.
Article 110
The responsible person of a manufacturer or repair station, their employee or other hired person who undertakes the manufacture or maintenance with unapproved aviation products, appliances and parts, shall be subject to imprisonment not more than 3 years, detention, or in lieu of or addition to, a fine of up to NT$1,000,000.
Any person who commits the crime stated in the preceding paragraph to the extent of causing danger to flight safety shall be subject to imprisonment from 3 to 10 years; subject to the death sentence, imprisonment for life or up to 10 years for causing death to another; subject to imprisonment from 5 to 12 years for causing serious injury to another.
Any person who, due to negligence of duty, commits the crime stated in paragraph 1 to the extent of causing danger to flight safety shall be subject to imprisonment not exceeding 3 years, detention plus a fine of up to NT$1,000,000; subject to imprisonment up to 7 years or detention plus a fine of up to NT$3,000,000 for causing death to another; subject to imprisonment up to 5 years or detention plus a fine of up to NT$2,000,000 for causing serious injury to another.
Article 110-1
The operator of ultra-light vehicle, who perform aviation activities beyond the limit of aviation vicinity and caused danger to aviation safety, shall be subject to imprisonment for more than 6 months and less than 5 years; subject to imprisonment for more than 3 years and less than 10 years for causing death to another; subject to imprisonment for less than 1 year and less than 7 years for causing serious injury to another.
Article 110-2
Any person entering an aircraft without authorization shall be subject to imprisonment up to one year, detention or a fine of up to NT$50,000.
Any person lurking in an aircraft without any reason or insisting on board with compelling for his/her disembarkation shall be subject to the penalty stated in the preceding paragraph.
Article 110-3
The responsible person in the course of conducting the business operations of the civil air transport enterprise who fails to apply for suspension or termination of operation pursuant to Article 48, paragraph 3, or fails to execute the business suspension or termination plan as approved causes injury to the public or to another shall be sentenced to imprisonment of 3 years and under, or in lieu thereof or in addition thereto a criminal fine of NT$20,000,000 to NT$200,000,000.
Article 111
Any airman shall be subject to a fine from NT$60,000 to NT$300,000 or be suspended from duty for a period of one to three months for any of the following; and in serious cases, the penalty shall be revocation of the certificate:
1)Landing at or taking off from a site outside an airfield without justification.
2)Violate of the provision set forth in Article 46 for refusing to submit to inspection prior to taking off and/or after landing.
3)Committing a technical error that leads to an aircraft accident or a serious incident.
4)Using an expired airman or medical certificate.
5)Falsifying records or flight hours.
6)Using an assumed name or asking another to act as in signing various kinds of certificates, records or documents.
7)Not reporting or intentionally not reporting an incident relating to flight safety.
8)Making use of an airman certificate for illegal activities.
9)Causing a serious incident as a result of being neglectful.
10)Allowing another to stand in for duty without authorization, thereby causing a serious incident to happen.
11)Unlawful alteration of, or lending to another the use of airman certificate.
Any airman may be issued a warning or be liable for a fine from NT$60,000 to NT$300,000 be suspended from duty for a period of one to three months for any of the following; a person may be ordered to make corrections within a specified time frame and may be fined by each violation if he/she fail to make corrections within due date; in serious cases, the penalty shall be revocation of the certificate:
1)Violation of the provisions of Article 9-1, paragraph 2, pertaining to the regulations governing the certification for the maintenance, airworthiness release, maintenance record, life-limited parts control and maintenance control.
2)Violation of the provisions of Article 23-2, paragraph 2, pertaining to the regulations governing the repair station manual, maintenance records, airworthiness release, or qualification of personnel.
3)Violation of the provisions of Article 25, for not having an airman certificate while on duty.
4)Violation of the provisions of Article 26, paragraph 1 for not having a medical certificate while on duty.
5)Violation of the provisions of Article 38 paragraph 1or2, for not carrying all required documents.
6)Violation of the provisions of Article 41 pertaining to flight control and air traffic control instructions.
7)Violation of the provisions of Article 41-1, paragraph 2 pertaining to flight operations, flight preparation, flight hour limitation specification, aircraft performance and limitation, aircraft instrumentation, equipment and documentation, aircraft communication, navigation equipment , aircraft maintenance, flight crew operations, flight crew qualifications, dispatcher, manual, forms, record, cabin crew and security.
8)Failure to turn in a certificate due for cancellation.
Article 112
An aircraft owner or operator, civil air transport enterprise, general aviation enterprise, air freight forwarder, airport ground handling service, catering service, air cargo entrepot , airport operator , the operators and managers of an airfield or civil aviation training institution shall be subject to a fine of NT$600,000 to NT$3,000,000 for any of the following; and in serious cases, after reporting to MOTC for approval through the CAA, the penalty shall be partial or complete suspension of business or revocation of permits:
1)Aircraft nationality marking and registration number not clear or not in designated place.
2)Violation of provisions of Article 40, paragraph 1 pertaining to aircraft maintenance requirements.
3)Obstructing, avoiding or refusing to accept inspections prescribed in paragraph two of Article 56.
4)Violation of the provisions of Article 58-1, paragraph 1 for operating alliance without approval.
5)Violation of the provisions of Article 64-1, paragraph 1 regarding individual solicitations.
6)Other acts such as rejecting, avoiding or impeding an inspection or scheduled improvement under the Law, and failing to make correction of irregularities or deficiencies, and improvement not corrected or completed within a given deadline.
An aircraft owner or operator, civil air transport enterprise, general aviation enterprise, air freight forwarder, airport ground handling service, catering service, air cargo entrepot, airport operator , the operators and managers of an airfield or civil aviation training institution may be issued a warning and be ordered to make corrections or be subject to a fine of NT$600,000 to NT$3,000,000 for any of the following; and in serious cases, after reporting to MOTC for approval through the CAA, the penalty shall be partial or complete suspension of business or revocation of permits:
1)Failure to turn in certificate of registration, airworthiness certificate or other certificates issued in accordance with this Law that should have been forfeited due for cancellation.
2)Violation of the provisions of Article 9-1, paragraph 2 regarding the regulations governing the certification for the maintenance, airworthiness release, maintenance record, life-limited parts control and maintenance control.
3)Violation of the provisions of Article 27, paragraph 3 regarding the student enrolment, qualification of trainees, curriculum of training, facility and equipment, qualification of the faculty, as well as training management of the training institution.
4)Violation of the provisions of Article 41, paragraph 1 pertaining to flight control and air traffic control instructions.
5)Violation of the provisions of Article 41-1, paragraph 2 regarding aircraft flight operations, flight preparations, flight hour limitation specification, operational limits of aircraft performance, aircraft instruments, equipment and documents, aircraft communications and navigation equipment, aircraft maintenance, flight crew operations, pilot qualifications, dispatchers, manual forms and records, cabin crew and security.
6)Violation of provisions of Article 41-2 pertaining to reporting of flight safety related events.
7)Non-compliance with noise control regulations.
8)Violation of provisions of Article 48, paragraph 3 for failure to execute the business suspension or termination plan as approved.
9)Violation of the provisions of Article 55, paragraph 1 for failure to report for permission or record when setting or changing passenger and cargo tariffs.
10)Violation of the provisions of Article 56, paragraph 1 for failure to submit periodical reports on business, finance, flight operation, maintenance or name list of shareholders in possession of over three percent (3%) of stocks.
11)Violation of the provisions of Article 58, for failure to report an increase or decrease of capital, issuance of company bonds, contracts of lease for connecting carriage and franchise, change or relocation of major facilities for flight operations and maintenance.
12)Violation of provisions in Article 63-1 with respect to air routes suspension or termination.
Any person who engages without permission in a civil air transport enterprise, general aviation enterprise, airfreight forwarder, catering service, airport ground handling service, air cargo entrepot or civil aviation training institution and the manufacture and sale of aviation products, appliances and parts shall be subject to a fine from NT$600,000 to NT$3,000,000.
Civil air transport enterprise that fails to apply for suspension or termination of operation pursuant to Article 48, paragraph 3 shall be subject to a fine from NT$600,000 to NT$3,000,000. CAA shall report to MOTC to have the permit revoked and notify agencies concerned to cancel its registration.
The responsible person of the civil air transport enterprise who fails to apply for suspension or termination of operation pursuant to Article 48, paragraph 3, or fails to execute the business suspension or termination plan as approved, shall be subject to a fine from NT$600,000 to NT$12,000,000.
Article 112-1
For reporting on one’s own initiative to CAA on any undetected violation covered in the preceding two Articles, CAA may impose lesser penalty or grant exoneration judging by the seriousness of the case.
Article 112-2
Any person shall be subject to a fine from NT$20,000 to NT$100,000 for any of the following,
1) Violation of the provisions of Article 43, paragraph 1 for carrying or consigning any dangerous goods on board an aircraft.
2) Violation of the provisions of Article 43-1, paragraph 1 for carrying on board an aircraft any gun, cannon, knife, or any other suspicious articles hazardous to flight safety.
Any civil air transport enterprise, general aviation, air freight forwarder, airport ground handling service, catering service or air cargo entrepot in violation of the provisions of Article 43, paragraph 2 for consigning, storing, loading or transporting any dangerous goods shall be subject to a fine from NT$20,000 to NT$100,000.
Violation of the provisions of the preceding paragraph 3 times or more in a single year shall be subject to a fine from NT$100,000 to NT$500,000, and after reporting to MOTC for approval through the CAA by Aviation Police Office, the penalty shall be partial or complete suspension of its business or revocation of its permits.
Any shipper in violation of the provisions of Article 43, paragraph 1 for falsely declaring dangerous goods and being tracked down before loading into an aircraft shall be subject to a fine from NT$20,000 to NT$100,000.
Aviation Police Office shall enforce the penalties referred to in the four preceding paragraphs.
For reporting on one’s own initiative to Aviation Police Office on any undetected violation covered in the paragraph one to four, Aviation Police Office may impose lesser penalty or grant exoneration judging by the seriousness of the case.
Article 112-3
An airport ground handling service, both Chinese and foreign civil air transport enterprises for concurrent operation of airport ground handling service or private ground handling service, violation of the provisions set forth in Article 75-1 may be issued a warning or be subject to a fine from NT$60,000 to NT$300,000, CAA can fine its by times if it doesn’t cure deficiency in time; and in serious cases, after reporting to MOTC for approval by CAA, the penalty shall be partial or complete suspension of its business or revocation of its permits.
A catering service or both Chinese and foreign civil air transport enterprises for concurrent operation of catering service in violation of the provisions of Article 75-1 may be issued a warning or be subject to a fine from NT$60,000 to NT$300,000, CAA can fine its by times if it doesn’t cure deficiency in time; and in serious cases, after reporting to MOTC for approval by CAA, the penalty shall be partial or complete suspension of its business or revocation of its permits.
Article 112-4
The owner or operator of an aircraft, owner or operator of a foreign aircraft, civil air transport enterprise, foreign civil air transport enterprise, general aviation enterprise, air cargo entrepot, airport ground handling service, catering service, publicly and privately owned institutions with operations at an airport, other publicly and privately owned institutions connected with a security restricted area of an airport that has its own independently guarded entrance connecting a non-security restricted area shall be subject to a fine from NT 50,000 to NT 250,000, which is successively punishable, for any of the following:
1) Violation of the provisions of Article 47-1, paragraph 3 for failure to comply with the airport security program where it is operating.
2) Violation of the provisions of Article 47-2, paragraph 1~3 for refusing to submit or not submitting its own aviation security program.
3) Violation of the provisions of Article 47-2, paragraph 5 for avoiding, impending, or refusing an inspection, or not redressing the deficiencies within a specified time limit.
4) Violation of the provisions of Article 47-3, paragraph 3 for carrying passengers, baggage, cargo and mail that haven’t been screened by Aviation Police Office according to the provisions of Article 47-3, paragraph 1.
5) Violation of the provisions of Article 47-5 about the security measures as to protect an aircraft on the ground, aircraft security check; passenger, baggage, cargo, catering supplies and catering stores; 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; formulation procedures for aviation security quality control programs; formulation 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.
The air cargo entrepot, airport ground handling service, catering service, publicly and privately owned institutions with operations at an airport, publicly and privately owned institutions connected with a security restricted area of an airport that has its own independently guarded entrance connecting a non-security restricted area in violation of any of the provisions of the preceding paragraph shall be punished by the Aviation Police Office.
The owner or operator of an aircraft, owner or operator of a foreign aircraft, civil air transport enterprise, foreign civil aviation transport enterprise, general aviation, air cargo entrepot and airport ground handling service that has been punished 3 consecutive times for violation of the provisions of paragraph 1 but still fails to redress the deficiencies, may be subject to partial or complete suspension of its business or revocation of its permits after reporting to MOTC for approval by CAA or through CAA by Aviation Police Office.
The regulated agent shall be subject to revocation of its qualification for any of the following, after the revocation it shall not apply for a regulated agent again within 1 year.
1) Violation of the provisions of Article 47-2, paragraph 5 for refusing inspection, or not redressing the deficiencies within a specified time limit.
2) Violation of the provisions of Article 47-5 about the security measures as to protect an aircraft on the ground, aircraft security check; passenger, baggage, cargo, catering supplies and catering stores; 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; formulation procedures for aviation security quality control programs; formulation 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.
For reporting on one’s own initiative to CAA or Aviation Police Office on any undetected violation covered in the paragraph one or preceding paragraph, CAA or Aviation Police Office may impose lesser penalty or grant exoneration judging by the seriousness of the case.
Article 112-5
Any person who engages in private aircraft activities without permission shall be subject to a fine from NT$600,000 to NT$3,000,000.
Any person who engages in private aircraft activities shall be subject to a fine from NT$600,000 to NT$3,000,000 for any of the following; and in serious cases, after reporting to MOTC for approval through the CAA, to suspend its flight activities and impose restrictions on its right to engage in private aircraft activities:
1)Violation of provisions of Article 7-1, paragraph 3 for engaging in commercial activities, leasing or loan.
2)Violation of provisions of Article 7-1, paragraph 5 for refusing, avoiding or impeding inspections or failure to make corrections within time limit.
Any person who engages in private aircraft activities may be issued a warning or be subject to a fine from NT$60,000 to NT$300,000 for any of the following; and in serious cases, after reporting to MOTC for approval through the CAA, to suspend its flight activities and impose restrictions on its right to engage in private aircraft activities:
1)Aircraft nationality marking and registration number not clear or not in designated place.
2)Failure to turn in a certificate of registration, airworthiness certificate or other certificates canceled in accordance with this Act.
3)Violation of provisions of Article 9-1, paragraph 2 regarding the certification for the maintenance, airworthiness release, maintenance record, life-limited parts control and maintenance control.
4)Violation of provisions of Article 40, paragraph 1 pertaining to aircraft maintenance requirements.
5)Violation of provisions of Article 41, paragraph 1 pertaining to flight control and air traffic control instructions.
6)Violation of the provisions of Article 41-1, paragraph 2 pertaining to flight operations, flight preparation, aircraft performance and limitation, aircraft instrumentation, equipment and documentation, aircraft communication, navigation equipment , aircraft maintenance, flight crew operations, flight crew qualifications, dispatcher, manual, forms, record, cabin crew and security.
7)Non-compliance with noise control regulations.
8)Committing a technical error that leads to an aircraft accident or a serious incident.
CAA may impose lesser penalty or grant exoneration judging by the seriousness of the case for self-disclosed violations.
Article 112-6
A general aviation enterprise shall be subject to a fine from NT$60,000 to NT$300,000 for any of the following:
1) Failure to carry out its operations according to approved items of operations.
2) Taking off or landing at a non-approved temporary takeoff and landing field without due cause.
3) Carrying a non-approved passenger.
Article 112-7
Any air cargo entrepot may be issued a warning or be subject to a fine from NT$60,000 to NT$300,000 and be ordered to make corrections in a certain period of time for any of the following, CAA can fine the air cargo entrepot by times if it doesn’t remedy deficiency in time; and in serious cases, after reporting to MOTC for approval by CAA, the penalty shall be partial or complete suspension of its business or revocation of its license:
1) Using any parking lot for other purposes without approval.
2) Establishing additional air cargo entrepot facilities on adjacent land outside the scope of originally approved land without approval.
3) Establishing any additional warehouse within the originally approved scope of building without approval.
4) Starting to use any warehouse without first obtaining consent after joint surveys.
Article 112-8
An aircraft manufacturer shall be issued a warning or be subject to a fine from NT$60,000 to NT$300,000 for any one of the following; and in serious cases, the penalty shall be partial or complete suspension of its business or revocation of the certificate:
1)Violation of the provisions of Article 9, paragraph 4 pertaining to the certification for the design and manufacture of aviation products, related appliances and parts, classification, limitations of airworthiness certificates and airworthiness approval tags.
2)Others such as evading, impeding or refusing inspections that have to be conducted in accordance with this Act or failure to make corrections within time limit.
CAA may impose lesser penalty or grant exoneration judging by the seriousness of the case for self-disclosed violations.
Article 113
Any manufacturer or repair station shall be subject to a fine of NT$1,000,000 to NT$3,000,000 for committing the crime stated in Article 110 by their responsible person, any employee or hired person.
Article 114
Any repair station, in the execution of its operations, shall be issued a warning or be liable to a fine from NT$60,000 up to NT$300,000 for any one of the following; and in serious cases, the penalty shall be partial or complete suspension of its business or revocation of his or her certificate:
1)For major repair or alteration, not comply with the technical documents approved by CAA or by the civil aviation authority of the manufacture.
2)Performing maintenance or alteration of items not rated in operation specification or lacking the necessary special equipment, facility, tools, or technical documents when working on any items been rated.
3)Failure to keep its maintenance capacity, inclusive of staff, facilities, equipment, tools and instruments up to the standards, and failure to conduct periodical inspections.
4)The material, method and procedures used in maintenance or alterations do not conform to the technical documents issued by the original manufacturer or accepted by CAA.
5)The use of special tools or test equipment not in compliance with the recommendations of the original manufacturer, or alternate methods accepted by CAA.
6)Not using the maintenance program of the operator or owner.
7)The repair or alternation of aviation products, appliances and parts has neither been inspected in according with pertinent manual or been signed and released in appropriated form or tag by qualified personnel.
8)Failure to have a complete set of records of the maintenance and alteration, or failure to properly keep such records on file.
9)Failure to execute operations in accordance with the technical documents accepted by CAA. For erasing, altering, falsifying records, or for non-reporting of quality assurance system deficiency, major malfunction or failure or deficiencies of products.
10)Violation of the provisions of Article 23-2, paragraph 2 regarding the manual, maintenance records, facilities, equipment, material, qualifications of personnel, maintenance and quality assurance systems or the management of maintenance.
11)Others such as evading, impeding or refusing inspections that have to be conducted in accordance with this Act or failure to make corrections within time limit.
CAA may impose lesser penalty or grant exoneration judging by the seriousness of the case for self-disclosed violations.
Article 115
Any foreign civil air transport enterprise found in violation of this Act, the decrees issued pursuant to this Act, or the provisions of a treaty or an agreement, in addition to penalties prescribed in this Act, the CAA may cancel its air route certificate, or suspend its business totally or partially.
Article 116
Private air field manager and navigation aids installer shall be subject to a fine from NT$600,000 to NT$3,000,000 for any of the following, in addition to being ordered to make improvement, dismantle, relocate or to install as the case may be, within a given deadline, and the penalty shall be repeated if work has not been satisfactory completed before the deadline:
1) Violation of the provisions paragraph two of Article 29, paragraph 1 relative to setting up, lease, transfer or abolishing an airfield without permission.
2) Violation of the provisions paragraph two of Article 31, relative to setting up, changing or abolishing domestic navigation aids installation without permission, or not following regulations in managing the diverse equipment.
Article 117
A private air field operator or manager shall be subject to a fine from NT$300,000 to NT$1,500,000 for any one of the following:
1) Concurrent use of airfield for other purposes without permission.
2) Abolition of airfield, putting it to lease or rent, without permission.
3) Collection of airfield charges not conforming to regulations.
4) Failure to comply with the rules in managing navigation aids facilities.
Article 118
For any one of the following shall be subject to a fine from NT$300,000 to NT$1,500,000:
1) Violation of the provisions paragraph two of Article 33, paragraph 1 for failure to make improvement, dismantle, relocate, or to install obstacle lights and marking within a time limit.
2) Violation of the provisions paragraph two of Article 33-1, paragraph 1 for not having installed obstacle lights and marking or maintaining the same for normal use.
3) Violation of the provisions paragraph two of Article 34, paragraph 1 for intrusion of livestock found to have been set loose negligently by its owner.
4) Violation of the provisions paragraph two of Article 34, paragraph 2 for raising pigeons or releasing objects considered hazardous to flight safety.
The owners concerned as referred to in Subparagraphs 1 and 2 of the preceding paragraph, after being fined and still not in compliance, shall continue to be fined until they carry out their obligations.
Article 118-1
In the event that the owner or operator of the drone commits any of the following, CAA shall revoke the operator certificate thereof and impose a fine from NT$300,000 to NT$1,500,000, and may confiscate the drone:
1)Violation of Article 99-13, paragraph 1, for flight activities within the prohibited area and restricted area, and at a certain distance from the outer boundary of an airport or airfield;
2)Violation of Article 99-14, paragraph 1, item 1), for flight altitude exceeding 400 feet above the ground level or sea level.
Article 118-2
In the event that the owner or operator of the drone commits any of the following, CAA shall ban the activity thereof and impose a fine from NT$60,000 to NT$300,000, and may, in serious cases, confiscate the drone:
1)Violation of Article 99-10, paragraph 2, for operating drone without operator certificate;
2)Violation of Article 99-15, paragraph 3, for operating drone without insurance or without sufficient coverage in the liability insurance.
In the event that the owner or operator of the drone commits any of the following, CAA shall ban the activity thereof and impose a fine from NT$30,000 to NT$150,000, and may, in serious cases, confiscate the drone:
1)Violation of Article 99-10, paragraph 1, in respect of registration of drone or display of registration number;
2)Violation of Article 99-13, paragraph 2, in respect of the permitted area, time and other administrative items announced by municipal and county (city) governments;
3)Violation of Article 99-14, paragraph 1, item 2) through 10), in respect of the rules to be followed in the drone flight activities.
The penalties set forth in this Article shall be imposed by municipal and county (city) governments, except for violation of Article 99-13, paragraph 1 or Article 99-14, paragraph 1, item 1, the penalty of which shall be imposed by CAA.
Article 118-3
Any person who violates of Article 99-17, for identification of radio frequency, inspection, validation, maintenance and examination, qualification for flight activity, responsibilities of manufacturers and importer, handling and notification of Flight safety-related event and other regulatory, CAA shall ban the activity thereof and impose a fine from NT$10,000 to NT$150,000, and may, in serious cases, confiscate the drone.
Article 119
Any civil air transport enterprise violation of Article 40, paragraph 3 shall be subject to a fine from NT$60,000 to NT$300,000.
Article 119-1
Any ultra-light vehicle owner, operator, activity association or manufacture may be issued a warning or shall be subject to a fine from NT$60,000 to NT$300,000 for any one of the following; and in serious cases, the penalty shall be suspension of its activities or revocation of his or her operation certificate:
1)Violation of the provisions of Article 99-1, paragraph 1 for operating activities.
2)Violation of the provisions of Article 99-1, paragraph 3 for ultra-light vehicles design, manufacturing and test flight.
3)Violation of the provisions of Article 99-2, paragraph 1 for flying without joining activity association to operate activities, or failing to comply with activity guidelines.
4)Violation of the provisions of Article 99-3, paragraph 1 for operating ultra-light vehicle without inspection certification.
5)Violation of the provisions of Article 99-3, paragraph 2 for performing ultra-light vehicle flying activity without operation certificate.
6)Violation of the provisions of Article 99-4, paragraph 3 for operating limitations, prohibitions, or other restrictions to the operation airspace.
7)Violation of the provisions of Article 99-4, paragraph 4 for activity association failure to notify its member regarding compliance of all published limitations, prohibitions and restrictions.
8)Each section of paragraph 1 of the provisions of Article 99-5.
9)Violation of the provisions of Article 99-5, paragraph 2 for coming into close proximity of or colliding with other aircraft, ultra-light vehicle or obstacle while flying.
10)Violation of the provisions of Article 99-6, paragraph 4 for failure to have current liability insurance.
11)Violation of the provisions of Article 99-7, for avoiding, interfering, or refusing with such inspections, or failing to make correction within a specified time limit.
12)Committing a technical error that leads to an ultra-light vehicle accident or a serious incident.
CAA may impose lesser penalty or grant exoneration judging by the seriousness of the case for self-disclosed violations.
Article 119-2
Any person smoking in lavatory on board an aircraft shall be subject to a fine from NT$30,000 to NT$150,000.
Any person on board an aircraft shall be subject to a fine from NT$10,000 to NT$50,000 for any of the following:
1)Failure to comply with any instruction given by the pilot-in-command for purposes of maintaining order and safety on board the aircraft.
2)Taking alcoholic beverage or medicine, disrupting the order on board the aircraft.
3)Smoking outside lavatory on board aircraft.
4)Tampering with any smoke detector without authorization or operating any other safety devices without due cause.
Aviation Police Bureau shall enforce the penalties referred to in the two preceding paragraphs.
Article 119-3
Any person shall be subject to a fine from NT 5,000 to NT 25,000 for any of the following and, in addition thereto, the operator of an airport may, in conjunction with Aviation Police Office, compel his or her absence from the airport:
1) Soliciting donations from, or selling goods to passengers or the general public, or engaging in any other commercial activities at an airport without permission.
2) Harassing passengers or soliciting customers at an airport.
3) Taking an animal into an airport, thus interfering with health, order and safety.
4) Spitting phlegm, beetle nut juice or beetle nut dregs; littering wastepaper, cigarette butts, used chewing gums, other litter; or smoking in a non-smoking area.
5) Loitering or lingering in an airport, thus interfering with the passage of or use by passengers, or affecting peace and order.
6) Posting or distributing any flyers, hanging any flags, displaying any objects, or holding any activities without permission; or soiling or contaminating any facilities in an improper manner.
7) Parking a vehicle arbitrarily on a public passageway, thus impeding passage.
Any person who violates the provisions of Article 47-4, paragraph 2 for refusing to be screened or entering and leaving the security restricted area without authorization , which shall be subject to a fine from NT 5,000 to NT 500,000, in addition thereto, the operator of an airport may, in conjunction with Aviation Police Office, compel his or her absence from the airport .
Aviation Police Office shall enforce the penalties referred to in the preceding paragraph.
Article 119-4
Except otherwise prescribed in this Act, the administrative punishments under this Act hereof are administered by the CAA.
Article 120
(Deleted)