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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 Ⅵ Operational Administration
Article 23
(deleted)
Article 24
A Civil air transport enterprise shall submit periodical report to MOTC for record through the CAA, pertaining to the following:
1) Business matters (attachments 7~9-3).
2) Second quarter financial report and annual financial report.
3) Operations matters.
4) Maintenance matters.
5) Shareholders holding 3% or more of total shares.
A Civil air transport enterprise shall submit electronic financial supervision data on schedule announced by CAA.
Whenever deemed necessary, CAA may inspect the business and financial conditions and other related papers.
Article 24-1
A civil air transport enterprise that produces annual CO2 emissions greater than 10,000 tonnes from the use of the aircrafts with a maximum certificated take-off mass greater than 5,700 kg conducting international flights shall report Emissions Monitoring Plan to CAA for approval by the end of March of the following year and shall implement the Emissions Monitoring Plan accordingly. Humanitarian, medical and fire-fighting flights are not counted in the annual emissions.
In the event of a material change to the approved Emissions Monitoring Plan referred to the pre-ceding paragraph, it should be re-submitted to CAA for approval.
During implementing the Emissions Monitoring Plan, a civil air transport enterprise shall report the following documents to CAA for file.
1)Emissions Report, eligible fuels supplementary information to the emissions report, and Verification Report.
2)Emissions unit cancellation report and verification report.
The submission deadlines of documents referred to the preceding paragraph will be announced publicly by MOTC.
Article 25
In the event of increasing or decreasing capital or issuing company bonds, a civil air transport enterprise shall enclose the following papers in duplicate applying for CAA approval, before starting to do so according to law:
1) identification papers for original company register.
2) photo copy of civil air transport enterprise permit and Air Operator Certificate.
3)minutes of the resolution to increase/decrease capital or to issue company bonds.
4) item of capital increase with cash or issuance of company bonds, utilization progress and forecast of probable benefit, estimated schedule of capital reduction and reason.
Civil air transport enterprise shall, within one month upon completion of capital increase/decrease or issuance of company bonds, report the result to CAA for MOTC record.
Prior to completion of capital increase with cash or utilization plan for company bonds issued, civil air transport enterprise shall disclose in its annual report how such plan was executed. Any major changes should also be made with CAA approval.
In the event of change in the amount of equity capital, civil air transport enterprise shall enclose the fee for a new permit and Air Operator Certificate in applying to CAA for renewal.
Article 26
When the nation is in urgent needs, civil air transport enterprise shall submit to the command of MOTC to handle assigned transport mission. The air route it normally serves may be suspended so as to fulfill national defense and military requirements.
Article 27
(deleted)
Article 28
A civil air transport enterprise shall keep the following documents or electronic files used for its transportation at least two years from the date of take-off for CAA’S inspection:
1) passenger ticket stubs.
2) passenger manifests.
3) air waybill, air consignment note, cargo manifest and related shipping documents.
4) charter flight contract.
Article 29
When a freighter shipper/cargo is carrying the following personnel, the civil air transport enterprise shall record in the manifest their names, identity and accompanying relatives, and present it to concerned authorities at the air terminal upon departure and arrival:
1) escort for animals and goods and flight safety personnel.
2) persons who must fly with the freighter to another location for the above assignment.
3) service personnel sent by government.
4) military escort, supervisor and flight crew for transporting military goods.
5)employees of the civil air transport enterprise and their families.
Article 29-1
The passengers’ personal information and reservation data obtained by civil air transport enterprise for the purpose of transportation shall be used in accordance with the respect to the customers’ interest, and the means of honesty and credibility. Any use shall not beyond the scope of performing transportation contract.
Article 29-2
The restriction on the types of passengers based on flight safety considerations of a civil air transport enterprise serving domestic air routes, shall be reported to CAA for title prior to its implementation.
Article 29-3
Civil air transport enterprise shall, prior to the suspension or termination of its operation, submit the business suspension or termination plan to MOTC through CAA for approval, and shall not suspend or terminate its business earlier than 60 days after the approval date.
The business suspension or termination plan stated in the preceding paragraph shall include the following contents:
1) The list of operating scheduled or non-scheduled flights and timetable plan.
2) The passenger handling mechanism pursuant to Article 13-1.
3) The plan that fill the operating capacity of scheduled domestic flight routes.