Chapter Ⅱ Permit & Registration
Article 3
To apply for running a aeroplane transport service, a civil air transport enterprise shall possess one of the following qualifications:
1) A company that has a minimum of NT$1.5 billion financial statement with its board chairman and over one half of its directors being ROC citizen, ROC citizens and legal persons owning over one half of the company’s total capital or shares, no one single foreign shareholder possessing over 25% of the entire shares of the company if the company is a company limited by shares, may apply for scheduled or non-scheduled air carrier service on domestic air routes.
2) A civil air transport enterprise serving domestic air routes, with finance and organization in good shape, having had no financial problem nor share-holders' dispute to affect the normal function of the company over the last three years, and in the same period had an accrued passenger load of 900,000 persons or more, had no occurrence of major incident involving flight safety, having in its employment a proficient crew of maintenance people of Class Ⅱ and above and a sufficient number of qualified airmen, may apply for chartered service on international air routes.
3) A charter service on international air routes that has been in operation for more than two years, with finance, maintenance and flight operation entire systems all in sound condition, having had no financial difficulty nor share-holders' dispute to affect the normal function of company in the past two years, launched over 60 flights each year, had no occurrence of major flight safety incident in the past two years, employing a proficient maintenance crew of Class Ⅱ and above and a sufficient number of qualified airmen, may apply for scheduled or non-scheduled carrier service on international air routes.
4) A company that has a minimum of NT$6 billion financial statement with its board chairman and over one half of its directors being ROC citizen, ROC citizens and legal persons owning over one half of the company’s total capital or shares, no one single foreign shareholder possessing over 25% of the entire shares of the company if the company is a company limited by shares, may apply for scheduled or non-scheduled air carrier service on international air routes.
5) A company that has a minimum of NT$750 million financial statement with its board chairman and over one half of its directors being ROC citizen, ROC citizens and legal persons owning over one half of the company’s total capital or shares, no one single foreign shareholder possessing over 25% of the entire shares of the company if the company is a company limited by shares, may apply for scheduled or non-scheduled air carrier services on domestic offshore and outlying island air routes.
6) A general aviation business whose total flight hours exceeds five hundred that has no record of aircraft accidents within the immediate five hundred fight hours, nor any record of serious incidents or aviation violations within the immediate two hundred and fifty flight hours, with finance and organization in solid condition, had no financial problem nor dispute over share holdings that were detrimental to the normal operation of the company in the past two years, may apply for scheduled or non-scheduled air carrier services on domestic offshore and outlying island air routes.
The domestic offshore and outlying island air routes referred to in Subparagraphs 5 and 6 of the preceding paragraph shall mean a route between Taiwan proper and such offshore island areas as Chi-Mei Township and Wang-An Township of Penghu County or Lan-YU Township and Green-Island Township of Taitung County, or between an offshore island and its offshore island.
Article 4
To apply for starting a helicopter carrier service, civil air transport enterprise shall possess one of the following qualifications:
1) A company in the general aviation service, with sound finance and organization, having had no financial problem nor share-holders' dispute to affect the normal function of company in past two years, in the same period logged more than 500 flight hours, incident-free in the last 250 flight hours and without record of flight violations, may apply for helicopter carrier service on domestic air routes.
2) A civil air transport enterprise in aeroplane transpor service, with finance and organization in sound condition, not having had any financial or share-holders' trouble to affect the normal operation of company in last two years, in the same period logged one thousand flight hours without any aircraft accident, incident-free in the past year with no record of flight violations, may apply for helicopter carrier service on domestic air routes.
Article 5
A company that meets the qualifications as laid down in Subparagraph 1, Subparagraph 4 or Subparagraph 5 of Article 3, in applying for running a civil air transport enterprise, shall prepare to organize a new company. The application including the following papers in duplicate shall be filed with Civil Aviation Administration (hereinafter referred to as CAA) for MOTC permission:
1) application form (attachment 1).
2) original company by law.
3)identification papers for original company register.
4) original company roster of shareholders, list of board directors and supervisors.
5) financial statement issued by domestic or foreign banks.
6) draft company by law of the new company to be set up.
7) list of sponsors and their identification papers for the new company.
8) list of major members including at least three persons with the experience of a chairman, a president, an executive vice president, a senior vice president or higher position, or an equivalent position in a civil air transport enterprise for three or more years, and their identification papers for the new company.
9) list of Director of Flight Operations, Chief Pilot, Director of Maintenance, Director of Quality Control and Director of Flight Safety of the new company in compliance with the aircraft flight operation regulations and their identification papers and consent letters.
10) prospectus: inclusive of operational plans, air routes to be served, fleet of aircraft, estimated volume of load, forecast of revenue and expenditure, plan to raise capital.
11) plans of equipment, organization and training relating to flight operation and mechanical service.
12) sourcing of pilots and their training program.
13) flight safety organization and planning.
The shareholders in the original company shall hold over a half of total shares in the new company which will be established according to the preceding paragraph.
Article 6
Civil air transport enterprise or general aviation service that meets the qualifications as laid down in Subparagraph 2, Subparagraph 3 or Subparagraph 6 of Article 3 or Article 4 in applying for additional air transport services, shall enclose the following papers in duplicate for MOTC permission via CAA:
1) application form (attachment 1).
2) identification papers for company register.
3) company by law.
4) list of company shareholders, roster of board directors and supervisors.
5) company business statement, financial report and accountant auditing report for last three years.
6) company organic chart.
7) prospectus: inclusive of operational plans, air routes to be served, fleet of aircraft, estimated volume of load, forecast of revenue and expenditure, plan to raise capital.
8) plans of equipment, organization and training relative to flight operation and mechanical service.
9) sourcing of pilots and their training program.
10) flight safety organization and planning.
Article 7
Within a specified preparatory period the civil air transport enterprise shall, according to law, complete registration with appropriate authorities, equip itself with aircraft, enable itself to engage in safe operation according to applicable laws and pass the review of Operations Specifications conducted by CAA, execute agreements for conditional or unconditional purchase of aircraft, and enclose the following papers in duplicate in applying to CAA for MOTC approval. The applicant's Operations Specifications will also be approved by CAA. 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 permit and Air Operator Certificate of civil air transport enterprise (attachment 2 and attachment 2-1) from CAA.
1) identification papers for company register.
2) company by law.
3) roster of shareholders and list of board directors and supervisors.
4) resume of managers.
5) contract for lease or purchase of aircraft or for conditional procurement and a synopsis of aircraft.
6) company logo.
7) certificate of liability insurance taken.
8) inventory of maintenance and repair equipment, hangar and field facilities, or contract authorizing a qualified business concern to handle all this.
9) equipment and organization of flight operations and mechanical service and list of personnel.
10) list of pilots.
11) flight safety organization and list of staffs.
12)a photocopy of the letter approving the aviation security program (aircraft operator security program).
13) Operations Specifications.
The civil air transport enterprise who received permit and Air Operator Certificate of civil air transport enterprise from CAA before this Regulations promulgated on December 30, 2009, shall enclose Operations Specifications in applying to CAA for renewal, in 6 months since this Regulations promulgated.
Article 8
The equity capital of a civil air transport enterprise shall meet the following provisions:
1) no less than NT$6 billion for aeroplane transport service on international air routes, scheduled or non-scheduled.
2) no less than NT$3 billion for aeroplane transport service on international air routes.
3) no less than NT$1.5 billion for aeroplane transport service on domestic air routes, scheduled or non-scheduled.
4) no less than NT$750 million for helicopter carrier service on domestic air routes, scheduled or non-scheduled.
5) no less than NT$750 million for aeroplane transport service on domestic offshore and outlying air routes, scheduled or non-scheduled.
The equity capital of the civil air transport enterprise who obtained the permit of establishment issued by MOTC or received a permit and Air Operator Certificate of civil air transport enterprise from CAA before this Regulations promulgated on March 8, 2018 should meet the unamended provisions.
The civil air transport enterprise who obtains the permit of establishment according Article 5 or Article 6 issued by MOTC after this Regulations promulgated on March 8, 2018 shall have the equity capital registered in compliance with the first paragraph before submitting the application of Operations Specifications.
Article 8-1
The civil air transport enterprise who operates the scheduled air carrier service on international or domestic air routes with aeroplanes, shall use at least 3 aeroplanes to operate the above service.
Article 9
Any change in the name, organization or representative of a civil air transport enterprise company shall, within 15 days of registration with a competent authority, be reported to MOTC for file via CAA.
Likewise, any change in the company's board directors, supervisors or managers, or relocation of company or setting up a branch company, shall within 15 days of registration with a competent agency, be reported to CAA for file.
Any changes in permit and Air Operator Certificate of civil air transport enterprise, shall pay a fixed fee to apply for renewal.
Any change in a company's English title or code shall, within 15 days of such change taking effect, be reported to CAA for MOTC file.
Article 10
Where the application of an civil air transport enterprise for preparation to set up business or for expansion of air carrier services, is found to involve one of the following scenarios, CAA may recommend MOTC to restrict its scope of operation or to deny permission:
1) not enough flights to serve international air routes.
2) not enough frequency taking off and landing at domestic airports.
3) supply is exceeding demand.
4) facilities at airport terminals or airfields will be strained.
Article 11
Civil air transport enterprise or its aircraft supplier, in dealing with the purchase, conditional purchase or lease of aircraft, shall enclose the following papers in duplicate applying to CAA for approval before the deal can go ahead.
1) Specification of aircraft.
2) Operation plan.
3)Maintenance plan (inclusive of maintenance organization, staff members, training program, capability of maintenance and repair).
4)Financial plan (inclusive of payment approach, source of capital, forecast of business revenue and expenditure).
5) Sourcing of pilot and training program.
The age of foreign aircraft to be purchased, conditional purchased or leased, for passenger aircraft it shall not exceed six years. Nevertheless, a civil air transport enterprise that has used the same type of aircraft for over three years, the age of foreign aircraft to be purchased, conditional purchased or leased shall be not more than ten years for passenger use.
In the event that the foreign aircraft of purchased, conditionally purchased or leased mentioned in the first paragraph is used as a freighter and the age of it is more than fourteen (14) years, the evaluation report for airworthiness together with the required documents mentioned in the first paragraph shall be submitted to the CAA for approval.
Under one of the following conditions, the provision in the second paragraph shall enclose the correlative papers applying to CAA approval for continued usage:
1) continued lease of the same aircraft.
2) with an aircraft already leased which is approaching the age limit set forth in the preceding paragraph, the lessee is applying to change the status of lease into that of purchase or conditional purchase.
3) authorized lease of the same aircraft that has been sold.
Civil air transport enterprise shall not use a passenger airplane that age of it more than 26 years after January 1, 2020.
Civil air transport enterprise applying for running a helicopter carrier service, its passenger helicopter must be driven by twin-turbine engine and cargo helicopter by turbine engine.
General aviation applying for running a civil transport service, upon approval to set up business, may continue to use the twin-turbine engine passenger helicopter and the turbine engine cargo helicopter already in commission without being subjected to the restriction set out in the second paragraph.