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

Print Time:2024/12/05 03:44
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Chapter Law Content

Title: Regulations of Civil Air Transport Enterprise CH
Category: Ministry of Transportation and Communications(交通部)
Attachment:
Chapter Ⅲ Air Route Certificate
Article 12
Civil air transport enterprise in applying for opening a new air route or adding air routes, should have first acquired the traffic right , time slots or aircraft take-off and landing allotment Then enclose the following papers in duplicate with the application to CAA for MOTC approval:
1) application (attachment 3).
2) market survey of the desired air route.
3) air route chart (marking off air terminals or airfields as point of departure and destination along the air route to be used).
4) specification of aircraft to be used.
5) operation prospectus and estimates of revenue and expenditure.
6) in case an air field is to be used, an agreement testifying to such usage.
The revelation of any one of the following scenarios shall oblige CAA to deny applicant, subject to MOTC approval, permission to open new or additional routes as provided in the preceding paragraph.
1) aircraft accident had occurred within the year before the date of application.
2) aircraft incident or flight violation had occurred within the year before the date of application while corrective measures remain incomplete.
3) there was major business infraction within the year before the date of application.
4) market situation of the air route being applied for is already glutted.
5) facilities at air terminal or airfield will be overstretched.
If investigations of the aircraft accident related in item 1) and the aircraft incident or flight violation related in item 2) of the preceding paragraph, showed the civil air transport enterprise applicant was not to blame, the provisions thereof shall not apply.
Article 13
Civil air transport enterprise shall, within the allotted preparatory period, make aircraft, available complete the formality for CAA to check out its flight operation and mechanical service and test flight, before CAA will issue an air route certificate authorizing the applicant to start doing business. Test flight may be waived if CAA after screening decides it is not necessary.
Provisions in the preceding paragraph shall apply to civil air transport enterprise application for running a charter flight.
Article 13-1
Civil air transport enterprise shall file passenger handling mechanism to CAA for MOTC approval before suspending or terminating a scheduled domestic flight route. And the route shall be suspended or terminated no earlier than 60 days from MOTC approval.
The suspension stated in the preceding paragraph is restricted to once only and no longer than a one-year period. The civil air transport enterprise may resume the flight operation within the one-year period after filing with CAA for record. If the flight operation is not resumed before the end of the suspension period, it shall be deemed as termination.
Civil air transport enterprise shall file with CAA for MOTC record before suspending or terminating a scheduled international cargo flight route. For suspending or terminating a scheduled international passenger flight, civil air transport enterprise shall file the passenger handling mechanism to MOTC for record through CAA 60 days prior to the suspension or termination. The above restraint of 60 days may not be subjected to in case of force majeure.
The civil air transport enterprise may resume the operation of the suspended flight stated in the preceding paragraph within the one-year suspension period after filing with CAA for record. If the flight operations is not resumed before the end of the suspension period, it shall be deemed as termination.
If the coronavirus outbreak or disaster cause has an impact on the operation of civil air transport enterprise and leads to the suspension of scheduled flight routes or makes it unable to resume the suspended scheduled flight routes, CAA may announce civil air transport enterprise may exempt from all or part of the provisions of paragraph 1 to 4 and application period of the exemption depending on the situation of impact on civil air transport enterprise.
The passenger handling mechanism stated in paragraph 1 and 3 shall include the following contents:
1. Arrangement or compensation for passengers with confirmed reservation.
2. The principles of conducting the request for extra expense incurred to the suspension or termination of operation from the passenger with confirmed reservation.
3. Refund and related handling of tickets.
4. The plan including the method, period and manpower arrangement of providing the service for passengers and answering their questions.
5. The method of making an announcement of the relevant information listed in subparagraph 1to 4.
When a civil air transport enterprise has terminated a scheduled flight route or CAA has revoked a scheduled international air route originally assigned to a civil air transport enterprise, the enterprise shall surrender the original air route certificate within 30 days from the termination or revocation. If the enterprise fails to surrender the air route certificate by the end of the said 30-day period, CAA shall issue a public notice to revoke the certificate.
Article 14
Civil air transport enterprise not equipped with aircraft, but is serving a scheduled international air route in the form of code share flights, shall submit a business agreement along with the application when applying to CAA for issuing an air route certificate inscribed with the notation that this is for code share flights only. When the civil air transport enterprise is able to serve the aforesaid air route on its own, a new air route certificate shall be applied for.
Article 15
An air route certificate is valid for ten years. One month prior to its expiration, civil air transport enterprise shall submit application (attachment 3) for CAA to complete flight and mechanical checks before issuing a renewal air route certificate. However, where there are treaties, agreements with specific rulings concluded on the basis of reciprocal principles, the provision shall not apply. An air route certificate will document only one air route, with notation on points of departure, transit and destination, nature of operation, time limit of flight and type of aircraft in use. Any change in the type of aircraft related in the above paragraph, shall necessitate application for CAA to complete flight and mechanical checks for a new air route certificate.
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