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Chapter Law Content

Title: Civil Aviation Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 3 Airman
Article 24
An airman shall be a citizen of the ROC, unless granted a special approval by MOTC.
Article 25
Airmen rated qualified after passing written and practical tests shall be issued a certificate by CAA. Only those in possession of such a certificate can be allowed to work on their respective jobs. The certificate should be carried with the person while performing his or her duties.
The rules governing classification of ratings for the above-mentioned airmen, eligibility for applying for a certificate/rating, items for tests of written and practical, reexamination, periodic rechecks, additional ratings, expired ratings, eligibility and procedure for a foreign citizen to apply for ratings, collection of license fees and general privileges of the certificate etc, shall be enacted by MOTC.
The testing of airman may be administered by a CAA delegated agency, body or individual. CAA shall prescribe measures related to qualifications, conditions, obligations and supervision of the agency, body or individual so delegated.
Article 26
CAA shall conduct periodical physical examinations of aircraft pilots, flight engineer and air traffic controller as well as temporary checks. Those meeting the standard will be issued a medical certificate which should be carried with the person in performing his or her duties. Those who fail to pass the physical examination shall be suspended from duty.
CAA shall prescribe measures relating to the preceding airmen’s bodily constitution, timing of physical examination, items of physical examination, procedure for requesting a review of those who fail to pass the physical examination and conditions for submitting such a request for review, the length of time required, collection of fees for such physical examination and rating, issuance of medical certificate and the basis on which those who fail to pass physical examination must be suspended from duty.
Airmen’s physical examination stated in paragraph one may be handled by a CAA commissioned agency or body. CAA shall provide measures relevant to the qualification, condition obligation and supervision of such an agency or body so commissioned.
Article 27
With a view to cultivating civil aviation personnel, MOTC may consult with the Ministry of Education (MOE) to establish a civil aviation school, or ask MOE to increase or adjust related departments in existing academic institutions.
Any private civil aviation training institution shall apply to MOTC for approval prior to getting accredited.
MOCT shall establish rules governing the above said airmen’s training institutions with regard to classification of training, organization, application for setting up such a school, application for a permit, its cancellation and renewal, procedure for student enrolment, qualification of trainees, curriculum of training, facility and equipment for training, qualification of the faculty, as well as collection of license fees and management of training.
CAA may inspect a civil aviation training institution; to monitor its operations including employees, training, and equipment; and to monitor its business. The civil aviation training institution shall not refuse, avoid or impede such inspections, and will be notified of deficiencies if any, and shall improve within a certain period of time when so advised by the CAA.
Before a civil aviation training institution terminates operation, advance notice must be served to MOTC through CAA. Within 30 days from termination, it shall surrender the certificate for cancellation. If the certificate has not been surrendered within the 30-day period, CAA will issue a public notice advising that the certificate has been revoked.
Article 27-1
An aircraft owner, operator or civil aviation training institution that use flight simulation training devices, shall be approved and validated by CAA. Appropriate certificates will be issued upon completion of the certification.
CAA may delegate a qualified agency, body or individual to perform the certification for flight simulation training devices.
The qualification performance standards for flight simulation training devices, classification and procedure of certification, collection of certificate fees, operation management, validate and delegation, etc. described in the preceding paragraph 1 or 2, shall be enacted by MOTC.