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Chapter Law Content

Title: Civil Aviation Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 4 Airport, Airfield & Navigation Aids
Article 28
CAA shall prepare, construct and operate a state-operated airport terminal with MOTC approval. A municipality under direct Central Government jurisdiction shall start to prepare, construct and operate a municipality operated airport terminal after obtaining approval for its application from MOTC through CAA.
A company limited by shares eligible under Article 10, paragraph 1, subparagraph 3, item 4 shall prepare a private airport terminal after obtaining approval for its application to prepare the airport terminal from MOTC through CAA. After completely the construction of the airport terminal within the approved preparation period, registering with the relevant government organs and obtaining approval for its application to operation from MOTC through CAA, the company shall operate the airport terminal.
MOTC shall prescribe rules governing such matters as the preparation, construction, application, approval, rental, ownership transfer, abolishment, cancellation, suspension of operation or dissolution, management and investment, operations supervision and other affairs that should be conform for the preparation, construction, operation of an airport terminal mentioned in the preceding two paragraphs.
Article 28-1
After the construction of an "airport terminal" mentioned in the preceding Article 28th , the airport operator shall apply to CAA for certification including its facilities and operations for the aircraft taking off, landing and movement in the activity area.
The "airport terminal" which has operated before the effective date of the amendment, the 15th June, 2007. The CAA shall inform the airport operator to apply the certification including its facilities and operations for the aircraft taking off, landing and movement in the activity area within a time limit.
About the items, certification, exemption procedure, issuance, suspension, and cancellation of the facilities and operations mentioned in the preceding two paragraphs, and other necessary procedures shall be formulated by MOTC.
CAA shall assign inspectors to inspect the facilities and operations for the aircraft taking off, landing and movement in the activity area in the "airport terminal" and shall supervise and direct its business. The airport operator cannot avoid, obstruct or refuse such inspection. Any deficiency is discovered, CAA shall inform the airport operator to make improvement in a time limit.
Article 29
An airfield may be established and operated by the central or local governments, by ROC citizens or legal persons specified in Article 10, paragraph 1, subparagraph 3 of this Act after applications filed with CAA and approved by MOTC in consultation with authorities concerned. The same requirements shall apply to the lease, transfer or abolition of airfields.
The operators and managers of an airfield as stated in the preceding paragraph shall be limited to ROC citizens.
Article 29-1
MOTC shall establish rules governing application for permission to set up a private airfield, conditions for revocation, abolition and cancellation, suspension of operation or closure, flight control, meteorological forecast and weather report, designing and planning, safety service, request for temporary takeoff and landing and business management and other affairs that should be conformed.
Article 30
No airport and airfield shall be utilized for any other purpose without CAA approval.
MOTC shall consult with the Ministry of National Defense for using a military airport or airfield.
Article 31
The installation, alteration and abolition of navigation aids within the territory shall become effective only with CAA approval.
Any person who installs such navigation aids shall comply with CAA regulations in managing these facilities.
Article 32
To bolster flight safety, CAA shall impose prohibition or restriction to a certain extent, on the heights of buildings and other obstructions around an air terminal, airfield or navigation aid installation and on the radiation angle of lighting thereof, and report the proposed move to MOTC which will consult with the Ministry of Internal Affairs (MOIA) and concerned agencies to reach consensus for a decision. It will then be announced by the municipal and county (city) governments. However, such a decision should not overrule any case of existing heights or lighting angles that has been specially approved by the Executive Yuan.
The MOTC in conjunction with MOIA and the Ministry of National Defense (MND) shall provide measures for regulating the heights of structures and radiation angle of lightings thereof, within certain range surrounding an air terminal, airfield and navigation aids, procedure for making public announcement, procedure for screening a proposed prohibition or restriction and for approving a special case.
Article 33
To deal with violators of prohibition or restriction rulings referred to in the preceding Article, CAA in conjunction with concerned agencies should notify the owner of the obstructive structure to make improvement within a time limit or to relocate. However, in the case of a specially approved structure as referred to in the preceding Article, the owner should be obliged to install obstacle lights and markings.
If such obstructive structures were already in place at the time the prohibition or restriction rulings were promulgated, operator of the airport or the airfield shall pay compensation for the relocation or for installing obstruction lights and marking.
Not according to demolition or relocation in paragraph one, the airport and the Aviation Police Office, Nation Police Agency, Ministry of the Interior (hereinafter referred to as Aviation Police Office) in conjunction with the relevant agencies shall be subject to perform coercive demolishing.
Article 33-1
Owners of buildings or other facilities exceeding a certain height shall have obstacle lights and marks installed, and shall keep such lights and marking in normal working condition. The same shall apply to buildings or facilities not exceeding such height but nonetheless believed to have an impact on aviation safety upon evaluation.
Standards for the certain height、installing obstacle lights and marking mentioned in paragraph one shall be prescribed by MOTC in conjunction with the MOI.
Article 34
Any person in possession of animals, pigeons and other birds shall prevent the same from entering an airport, airfield or area of navigation aids. The operator of an airport, airfield or navigation aids may catch and kill those animals, pigeons and other birds that have entered any of these areas which may pose a clear danger to aviation safety. Where there is any potential threat of such entry, appropriate measures may be implemented at a certain distance from the outer boundary of an airport to prevent such entry.
Except as otherwise approved by CAA, the raising of pigeons or releasing of any objects that may be considered hazardous to flight safety is prohibited within a certain distance from the outer boundary of an airport or airfield.
The MOTC, in conjunction with agencies concerned, shall determine and announce the exact distance referred to in the preceding paragraph. The operator of an airport or airfield shall make compensation for any pigeon house already in existence within such certain distance prior to the said announcement if such house is dismantled and moved within the announced time limit. Any pigeon house not dismantled and moved within the time limit or re-built without proper authorization shall be subject to compulsory dismantling by the operator of an airport and the Aviation Police Bureau in conjunction with the local police authorities without any compensation.
The MOTC shall prescribe the rules governing such matters as the application for the aforesaid compensation, on-site inspection, appraisal and grant of compensation.
The operator of an airport and the Aviation Police Bureau, in conjunction with the local police authorities, shall clamp down on the releasing of any object that may be considered hazardous to flight safety without any compensate.
Article 35
In an effort to control the noise problem at a civil airport, the CAA shall collaborate with the Environmental Protection Administration Executive Yuan in the determination of a noise abatement program.
Amongst airports referred to in the preceding paragraph, the noise abatement task of a state-operated airport shall be conducted by the CAA. The CAA may entrust the municipality or local county (city) government to conduct the task. For a non state-operated airport, the noise abatement task shall be conducted by its operator.
Article 36
The land needed for public airports, airfields and navigation aids may be requisitioned by the government in accordance with the laws.
Article 37
User, service or noise charges shall be paid for the use of airports, airfields, navigation aids and related facilities. The charge structures for using a state-operated airport, navigation aids and related facilities will be affixed by the MOTC. The charge structures for a non-state operated airport or airfield shall be formulated by its operator and then submitted to the MOTC through the CAA for approval. The same procedure shall apply in case of any modification thereof.
For maintaining the sustainable development and protecting the passengers’ rights and interests of domestic air routes, CAA may, with MOTC approval, exempt, reduce or stop the airport charges of domestic flights operated at the state-operate airports.
The noise charges referred to in the preceding paragraph could be delivered by cash. And it may be used for the residents who live near the airports.
Among various charges stipulated in paragraph one, 8 percent of the total amount of airport landing charges levied annually shall be earmarked as the recompenses to airports in accordance with the ratio each airport collects. These recompenses shall be appropriated to the government of special municipality or county (city) where the airport is located to conduct recompenses work around airports. These recompenses could be delivered by cash.
In paragraph three, the MOTC shall formulate the allocation and use of charges for a state-operated airport. For a non-state operated airport, its operator shall formulate a plan for the allocation and use of such charges and then submit it to the MOTC through the CAA for approval.
In paragraph four, the allocation and use of the recompenses around airports shall be formulated by the government of special municipality or the county (city) where the airport is located. The allocation and use of the recompenses of an airfield shall be formulated by its operator and then submitted to the MOTC through the CAA for approval.