No Support JavaScript

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

Print Time:2024/11/22 07:47
:::

Chapter Law Content

CHAPTER II GENERAL RULES
Article 9
An aircraft shall not be operated in a negligent or reckless manner so as to endanger life or property of others.
Article 10
Except when necessary for take-off or landing, or except by permission from the appropriate authority, aircraft shall not be flown over the congested areas of cities, towns or settlements or over an open-air assembly of persons unless at such a height prescribed in article.60 and 71. In the event of an emergency arising, a landing to be made without undue hazard to persons or property on the surface.
Article 11
The cruising levels at which a flight or a portion therefore is to be conducted shall be in terms of:
1. Flight levels, for flights at or above the lowest usable flight level or, where applicable, above the transition altitude.
2. Altitudes, for flights below the lowest usable flight level or, where applicable, at or below the transition altitude.
Article 12
Nothing shall be dropped or sprayed from an aircraft in flight except under conditions prescribed by the CAA and as indicated by relevant information, advice and/or clearance from the appropriate air traffic services unit.
Article 13
No aircraft or other object shall be towed by an aircraft, except in accordance with requirements prescribed by the CAA and as indicated by relevant information, advice and/or clearance from the appropriate air traffic services unit.
Article 14
Parachute descents, other than emergency descents, shall not be made except under conditions prescribed by the CAA and as indicated by relevant information, advice and/or clearance from the appropriate air traffic services unit.
Article 14-1
Each proposed application which is in compliance with Article 12, 13 and 14 shall be charged an application fee of NTD 4,300.
Article 15
No aircraft shall be flown acrobatically except under conditions prescribed by the CAA and as indicated by relevant information, advice and/or clearance from the appropriate air traffic services unit.
Article 16
Aircraft shall not be flown in formation except by prearrangement among the pilots-in-command of the aircraft taking part in the flight and, for formation flight in controlled airspace, in accordance with the conditions prescribed by the appropriate ATC authority(ies). These conditions shall include the following:
1. the formation operates as a single aircraft with regard to navigation and position reporting;
2. separation between aircraft in the flight shall be the responsibility of the flight leader and the pilots-in-command of the other aircraft in the flight and shall include periods of transition when aircraft are manoeuvring to attain their own separation within the formation and during join-up and break-away; and
3. a distance not exceeding 1 nautical mile laterally and longitudinally and 100 ft vertically from the flight leader shall be maintained by each aircraft.
Article 17
Free balloon shall not be operated within classes B, C, D airspace and class E surface airspace except under conditions prescribed by the CAA.
An unmanned free balloon shall be operated in such a manner as to minimize hazards to persons, property or other aircraft and in accordance with the conditions specified in Appendix 1.
Article 18
Aircraft shall not be flown in a prohibited area, or in a restricted area, the particulars of which have been duly published, except in accordance with the conditions of the restrictions or by permission of the appropriate authority over whose territory the areas are established.
Article 19
The operation of an aircraft entering or within the ADIZ shall be in compliance with the ADIZ regulations.
An aircraft entering or within controlled airspace shall be equipped with a two-way radio and an ATC transponder except under conditions prescribed by the CAA.
Article 20
Nothing in these rules shall relieve the pilot-in-command of an aircraft from the responsibility of taking such action, including collision avoidance maneuvers based on resolution advisories provided by ACAS equipment, as will best avert collision.
An aircraft shall not be operated in such proximity to other aircraft as to create a collision hazard.
Article 21
The aircraft that has the right-of-way shall maintain its heading and speed.
An aircraft that is obliged by the following rules to keep out of the way of another shall avoid passing over, under or in front of the other, unless it passes well clear and takes into account the effect of aircraft wake turbulence.
1. Approaching head-on: When two aircraft are approaching head-on or approximately so and there is danger of collision, each shall alter its heading to the right.
2. Converging: When two aircraft are converging at approximately the same level, the aircraft that has the other on its right shall give way, except as follows:
(1) Power-driven heavier-than-air aircraft shall give way to airships, gliders and balloons;
(2) Airships shall give way to gliders and balloons;
(3) Gliders shall give way to balloons;
(4) Power-driven aircraft shall give way to aircraft which are seen to be towing other aircraft or objects.
3. Overtaking: An overtaking aircraft is an aircraft that approaches another from the rear on a line forming an angle of less than 70 degrees with the plane of symmetry of the latter, i.e. is in such a position with reference to the other aircraft that at night it should be unable to see either of the aircraft’s left (port) or right (starboard) navigation lights. An aircraft that is being overtaken has the right-of-way and the overtaking aircraft, whether climbing, descending or in horizontal flight, shall keep out of way of the other aircraft by altering its heading to the right, and no subsequent change in the relative position of the two aircraft shall absolve the overtaking aircraft from this obligation until it is entirely past and clear.
4. Landing:
(1) An aircraft in flight, or operating on the ground or water, shall give way to aircraft landing or in the final stages of an approach to land.
(2) When two or more heavier-than-air aircraft are approaching an aerodrome for the purpose of landing, aircraft at the higher level shall give way to aircraft at the lower level, but the latter shall not take advantage of this rule to cut in in front of another which is in the final stages of an approach to land, or to overtake that aircraft.
(3) Power-driven heavier-than-air aircraft shall give way to gliders.
(4) An aircraft that is aware that another is compelled to land shall give way to that aircraft.
5. Taking off: An aircraft taxiing on the manoeuvring area of an aerodrome shall give way to aircraft taking off or about to take off.
6. Taxiing: In case of danger of collision between two aircraft taxiing on the movement area of an aerodrome the following shall apply;
(1) When two aircraft are approaching head on, or approximately so, each shall stop or where practicable alter its course to the right so as to keep well clear;
(2) When two aircraft are on a converging course, the one which has the other on its right shall give way;
(3) An aircraft which is being overtaken by another aircraft shall have the right-of-way and the over-taking aircraft shall keep well clear of the other aircraft.
7. An aircraft taxiing on the manoeuvring area shall stop and hold at all runway-holding positions unless otherwise authorized by the aerodrome control tower.
8. An aircraft taxiing on the manoeuvring area shall stop and hold at all lighted stop bars and may proceed further when the lights are switched off.
Article 22
Aircraft in distress and urgency shall have absolute priority over other aircraft.
Article 23
Except as provided by Aritcle 24, from sunset to sunrise or in the daytime when visibility is less than 5 km, all aircraft in flight or operating on the manoeuvring area of an aerodrome shall display anti-collision lights and navigation lights.
Article 24
A pilot may switch off or reduce the intensity of any flashing lights fitted if the operation is likely to:
1. adversely affect the satisfactory performance of duties; or
2. subject an outside observer to harmful dazzle.
Article 25
An aircraft shall not be flown under simulated instrument flight conditions unless:
1. fully functioning dual controls are installed in the aircraft; and;
2. a qualified pilot occupies a control seat to act as safety pilot for the person who is flying under simulated instrument conditions. The safety pilot shall have adequate vision forward and to each side of the aircraft, or a competent observer in communication with the safety pilot shall occupy a position in the aircraft from which his field of vision adequately supplements that of the safety pilot.
Article 26
An aircraft operated on or in the vicinity of an aerodrome shall, whether or not within an aerodrome traffic zone:
1. observe other aerodrome traffic for the purpose of avoiding collision;
2. conform with or avoid the pattern of traffic formed by other aircraft in operation;
3. make all turns to the left, when approaching for a landing and after take-off in the traffic pattern, unless otherwise instructed;
4. land and take off into the wind unless safety, the runway configuration, or air traffic considerations determine that a different direction is preferable;
Article 27
When two aircraft or an aircraft and a vessel are approaching one another and there is a risk of collision, the aircraft shall proceed with careful regard to existing circumstances and conditions including the limitations of the respective craft.
1. Converging: An aircraft which has another aircraft or a vessel on its right shall give way so as to keep well clear.
2. Approaching head-on: An aircraft approaching another aircraft or a vessel head-on, or approximately so, shall alter its heading to the right to keep well clear.
3. Overtaking: The aircraft or vessel which is being overtaken has the right-of-way, and the one overtaking shall alter its heading to keep well clear.
4. Landing and taking off: Aircraft landing on or taking off from the water shall, in so far as practicable, keep well clear of all vessels and avoid impeding their navigation.
Article 28
Between sunset and sunrise or such other period as may be prescribed by the CAA, all aircraft on the water shall display navigation lights as required by the International Regulations for Preventing Collisions at Sea unless it is impractical for them to do so, in which case they shall display lights as closely similar as possible in characteristics and position to those required by the International Regulations.
Article 29
Information relative to an intended flight or portion of a flight, to be provided to air traffic services units, shall be in the form of a flight plan.
Article 30
A flight plan shall be submitted prior to operating:
1. any flight or portion thereof to be provided with air traffic control service;
2. any flight within or into designated areas, or along designated routes, when so required by the appropriate ATS authority to facilitate the provision of flight information, alerting and search and rescue services, or within any other areas as may be required by air traffic services unit;
3. any flight within or into designated areas, or along designated routes, when so required by the appropriate ATS authority to facilitate coordination with appropriate military units or with air traffic services units in adjacent States in order to avoid the possible need for interception for the purpose of identification;
4. any flight across international borders.
Article 31
A flight plan shall be submitted before departure, to an air traffic services reporting office or, during flight, transmitted to the appropriate air traffic services unit or air-ground control radio station, unless arrangements have been made for submission of repetitive flight plans.
Unless otherwise required by the CAA, a flight plan for a flight to be provided with air traffic control service shall be submitted at least sixty minutes before departure, or, if submitted during flight, at a time which will ensure its receipt by the appropriate air traffic services unit at least ten minutes before the aircraft is estimated to reach:
1. the intended point of entry into a control area or advisory area; or
2. the point of crossing an airway or advisory route.
Article 32
A flight plan shall comprise information regarding such of the following items as are considered relevant to the appropriate ATS authority:
1. Aircraft identification.
2. Flight rules and type of flight.
3. Number and type(s) of aircraft and wake turbulence category.
4. Equipment.
5. Departure aerodrome.
6. Estimated off-block time.
7. Cruising speed.
8. Cruising level.
9. Route to be followed.
10. Destination aerodrome and total estimated elapsed time.
11. Alternate aerodrome(s).
12. Fuel endurance.
13. Total number of persons on board.
14. Emergency and survival equipment.
15. Other relevant information.
Article 33
Whatever the purpose for which it is submitted, a flight plan shall contain information, as applicable, on relevant items up to and including “Alternate aerodrome(s)”. It shall, in addition, contain information as practicable, on all other items when so prescribed by the appropriate ATS authority or when otherwise deemed necessary by the person submitting the flight plan.
Article 34
Subject to the provisions of Article 42, all changes to a flight plan submitted for an IFR flight, or a VFR flight operated as a controlled flight, shall be reported as soon as practicable to the appropriate ATS unit. For other VFR flights, significant changes to a flight plan shall be reported as soon as practicable to the appropriate air traffic services unit.
Article 35
Unless otherwise prescribed by the appropriate authority, a report of arrival shall be made either in person or by radio at the earliest possible moment after landing, to the appropriate ATS unit at the aerodrome of arrival, by any flight for which a flight plan has been submitted covering the entire flight or the remaining portion of a flight to the destination aerodrome.
When a flight plan has been submitted only in respect of a portion of a flight, other than the remaining portion of a flight to destination, it shall be closed by an appropriate report to the relevant ATS unit.
When no ATS unit exists at the aerodrome of arrival, the arrival report shall be made as soon as practicable after landing and by the quickest means available to the nearest ATS unit.
When communication facilities at the aerodrome of arrival are known to be inadequate and alternate arrangements for the handling of arrival reports on the ground are not available, the following action shall be taken. Immediately prior to landing the aircraft shall, if practicable, transmit by radio to an appropriate ATS unit, a message comparable to an arrival report, where such a report is required.
Arrival reports made by aircraft shall contain the following elements of information:
1. aircraft identification.
2. departure aerodrome.
3. destination aerodrome (only in the case of a diversionary landing).
4. arrival aerodrome.
5. time of arrival.
Article 36
Upon observing or receiving any of the signals given in Appendix 2, aircraft shall take such action as may be required by the interpretation of the signal given in that Appendix. .
The signals of Appendix 2 shall, when used, have the meaning indicated therein. They shall be used only for the purpose indicated and no other signals likely to be confused with them shall be used.
A signalman shall be responsible for providing standard marshalling signals to aircraft in a clear and precise manner using the signals shown in Appendix 2.
The signalman shall wear a distinctive fluorescent identification vest to allow the flight crew to identify that he or she is the person responsible for the marshalling operation.
Article 37
Coordinated Universal Time (UTC) shall be used and shall be expressed in hours and minutes and, when required, seconds of the 24-hour day beginning at midnight.
Article 38
A time check shall be obtained from the ATS unit prior to operating a controlled flight and at such other times during the flight as may be necessary.
Article 39
Wherever time is utilized in the application of data link communications, it shall be accurate to within 1 second of UTC.
Article 40
An air traffic control clearance shall be obtained prior to operating a controlled flight, or a portion of a flight as a controlled flight. Such clearance shall be requested through the submission of a flight plan to an ATC unit.
Whenever an aircraft has requested a clearance involving priority, a report explaining the necessity for such priority shall be submitted, if requested by the appropriate ATC unit.
Potential reclearance in flight. If prior to departure it is anticipated that depending on fuel endurance and subject to reclearance in flight, a decision may be taken to proceed to a revised destination aerodrome, the appropriate air traffic control units shall be so notified by the insertion in the flight plan of information concerning the revised route (where known) and the revised destination.
An aircraft operated on a controlled aerodrome shall not taxi on the manoeuvring area without clearance from the aerodrome control tower and shall comply with any instructions given by that unit.
Article 41
The flight crew shall read back to the air traffic controller safety-related parts of ATC clearances and instructions which are transmitted by voice. The following items shall always be read back:
1. ATC route clearances.
2. clearances and instructions to enter, land on, take off on, hold short of, cross and backtrack on any runway.
3. runway-in-use, altimeter settings, SSR codes, level instructions, heading and speed instructions and, whether issued by the controller or contained in ATIS broadcasts, transition levels.
Other clearances or instructions, including conditional clearances, shall be read back or acknowledged in manner to clearly indicate that they have been understood and will be complied with.
Unless specified by the appropriate ATS authority, voice read-back of CPDLC messages shall not be required.
Article 42
Except as provided for in Article 43 ,Article 44 and Article 46, an aircraft shall adhere to the current flight plan or the applicable portion of a current flight plan submitted for a controlled flight unless a request for a change has been made and clearance obtained from the appropriate air traffic control unit, or unless an emergency situation arises which necessitates immediate action by the aircraft, in which event as soon as circumstances permit, after such emergency authority is exercised, the appropriate ATS unit shall be notified of the action taken and that this action has been taken under emergency authority.
Unless otherwise authorized or directed by the appropriate air traffic control unit, controlled flight shall, in so far as practicable, when on an established ATS route, operate along the defined centre line of that route; or when on any other route, operate directly between the navigation facilities and/or points defining that route.
An aircraft operating along an ATS route segment defined by reference to very high frequency omnidirectional radio ranges shall change over for its primary navigation guidance from the facility behind the aircraft to that ahead of it at, or as close as operationally feasible to, the changeover point where established.
Article 43
In the event that a controlled flight inadvertently deviates from its current flight plan, the following action shall be taken:
1. Deviation from track: if the aircraft is off track, action shall be taken forthwith to adjust the heading of the aircraft to regain track as soon as practicable.
2. Variation in true airspeed: if the average true airspeed at cruising level between reporting points varies or is expected to vary by plus or minus 5 percent of the true airspeed, from that given in the flight plan, the appropriate air traffic services unit shall be so informed.
3. Change in estimated time: if the estimated time at the next applicable reporting point, flight information region boundary or destination aerodrome, whichever comes first, is found to be in error in excess of 3 minutes from that notified to air traffic services, or such other period of time as is prescribed by the appropriate ATS authority or on the basis of air navigation regional agreements, a revised estimated time shall be notified as soon as possible to the appropriate air traffic services unit.
Article 44
When an ADS agreement is in place, the air traffic services unit shall be informed automatically via data link whenever changes occur beyond the threshold values stipulated by the ADS event contract.
Article 45
Requests for flight plan changes shall include information as indicated hereunder:
1. Change of cruising level: aircraft identification; requested new cruising level and cruising speed at this level, revised estimated time at subsequent flight information region boundaries.
2. Change of route.
(1) Destination unchanged: aircraft identification; flight rules; description of new route of flight including related flight plan data beginning with the time and position from which requested change off routes to commence; revised estimated time at destination; any other pertinent information.
(2) Destination changed: aircraft identification; flight rules; description of new route of flight to new destination including related flight plan data, beginning with the time and position from which requested change of route is to commence; estimated time of arrival at new destination; alternate aerodrome(s); any other pertinent information.
Article 46
When it becomes evident that flight in VMC in accordance with its current flight plan will not be practicable, a VFR flight operated as a controlled flight shall:
1. request an amended clearance enabling the aircraft to continue in VMC to destination or to an alternate aerodrome, or to leave the controlled airspace concerned; or
2. if no clearance in accordance with (1) can be obtained, continue to operate in VMC and notify the appropriate ATC unit of the action being taken either to leave the controlled airspace or to land at the nearest suitable aerodrome; or
3. if operated within a control zone, request authorization to operate as a special VFR flight; or
4. request clearance to operate in accordance with the instrument flight rules.
Article 47
Unless exempted by the appropriate ATS authority or by the appropriate air traffic services unit under conditions specified by that authority, a controlled flight shall report to the appropriate ATS unit, as soon as possible, the time and level of passing each designated compulsory reporting point, together with any other required information. Position reports shall similarly be made in relation to additional points when requested by the appropriate air traffic services unit. In the absence of designated reporting points, position report shall be made at intervals specified by the appropriate ATS unit.
Controlled flights providing position information to the appropriate air traffic services unit via data link communications shall only provide voice position reports when requested.
Article 48
A controlled flight shall, except when landing at a controlled aerodrome, advise the appropriate ATC unit as soon as it ceases to be subject to air traffic control service.
Article 49
An aircraft operated as a controlled flight shall maintain continuous air-ground voice communication watch on the appropriate communication channel of, and establish two-way communication as necessary with, the appropriate ATC unit, except as may be prescribed by the appropriate ATS authority in respect of aircraft operating in the manoeuvring area or in the vicinity of a controlled aerodrome.
Article 50
Unless otherwise prescribed by the CAA, the aircraft shall comply the following procedures when a radio communication failure precludes compliance with Article 49.
1. The aircraft station shall attempt to establish contact on another frequency appropriate to the route;
2. If the attempt specified in (1) above fails, the aircraft station shall attempt to establish communication with other aircraft or other aeronautical station on frequencies appropriate to the route, and select radar SSR MODE A CODE 7600.
3. If the attempts specified in (1) and (2) above fail, the aircraft station shall transmit blind its message twice on both primary and secondary frequencies, preceded by the phrase "TRANSMITTING BLIND".
4. When an aircraft station is unable to establish communication due to receiver failure, the message transmitted shall be preceded by the phrase "TRANSMITTING BLIND DUE TO RECEIVER FAILURE". During this procedure, the aircraft shall also advise the time of its next intended transmission.
5. The aircraft, when forming part of the aerodrome traffic at a controlled aerodrome, shall keep a watch for such instructions as may be issued by visual signals.
6. If in visual meteorological conditions, the aircraft shall:
(1) continue to fly in visual meteorological conditions; land at the nearest suitable aerodrome, and report its arrival by the most expeditious means to the appropriate ATC unit.
(2) if considered advisable, complete an IFR flight in accordance with (1).
7. If in instrument meteorological conditions or when weather conditions are such that it does not appear feasible to complete the flight in accordance with Subsection 6. (2), the aircraft shall:
(1) unless otherwise prescribed on the basis of regional air navigation agreement, in airspace where radar is not used in the provision of air traffic control, maintain the last assigned speed and level, or minimum flight altitude if higher, for a period of 20 minutes following the aircraft’s failure to report its position over a compulsory reporting point and thereafter adjust level and speed in accordance with the filed flight plan;
(2) in airspace where radar is used in the provision of air traffic control, maintain the last assigned speed and level, or minimum flight altitude if higher, for a period of 7 minutes following:
(a) the time the last assigned level or minimum flight altitude is reached; or
(b) the time the transponder is set to Code 7600;or
(c) the aircraft’s failure to report its position over a compulsory reporting point; which is later, and thereafter adjust level and speed in accordance with the field flight plan.
(3) when being radar vectored or having been directed by ATC to proceed offset using RNAV without a specified limit, rejoin the current flight plan route no later than the next significant point, taking into consideration the applicable minimum flight altitude.
(4) Proceed according to the current flight plan route to the appropriate designated navigation aid or fix serving the destination aerodrome and, when required to ensure compliance with (5) below, hold over this aid or fix until commencement of descent;
(5) commence descent from the navigation aid or fix specified in (4) at, or as close as possible to, the expected approach time last received and acknowledged; or, if no expected approach time has been received and acknowledged, at, or as close as possible to, the estimated time of arrival resulting from the current flight plan;
(6) complete a normal instrument approach procedure as specified for the designated navigation aid or fix; and
(7) land, if possible, within 30 minutes after the estimated time of arrival or the last acknowledged expected approach time, whichever is later.
Article 51
An aircraft which is being subjected to unlawful interference shall endeavour to notify the appropriate ATS unit of this fact, any significant circumstances associated therewith and any deviation from the current flight plan necessitated by the circumstances, in order to enable the ATS unit to give priority to the aircraft and to minimize conflict with other aircraft.
Article 52
An aircraft which is intercepted by another aircraft shall immediately:
1. follow the instructions given by the intercepting aircraft, interpreting and responding to visual signals in accordance with the specifications in Appendix 2;
2. notify, if possible, the appropriate air traffic services unit;
3. attempt to establish radio communication with the intercepting aircraft or with the appropriate intercept control unit, by making a general call on the emergency frequency 121.5 MHz, giving the identity of the intercepted aircraft and the nature of the flight; and if no contact has been established and if practicable, repeating this call on the emergency frequency 243 MHz;
4. if equipped with SSR transponder, select Mode A, Code 7700, unless otherwise instructed by the appropriate air traffic services unit.
5. if equipped with ADS-B or ADS-C, select the appropriate emergency functionality, if available, unless otherwise instructed by the appropriate air traffic services unit.
Article 53
The pilot-in-command of a civil aircraft, when intercepted, shall comply with the Standards in Appendix 3, interpreting and responding to visual signals as specified in Appendix2, Section 2.
Article 54
When observing that either an accident of an aircraft in distress or intercepting a distress transmission, a pilot-in-command shall operate in accordance with the procedures of the ANNEX 12 of ICAO, and notify the relevant air traffic control unit.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)