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Chapter Law Content

Title: Civil Aviation Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 1 General
Article 1
This Act is enacted to insure the aviation safety, a sound civil aviation system, compliance with international civil aviation standards, and promote the development of civil aviation.
Article 2
The terms used in this Act are defined as below:
1) “Aircraft” means any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface.
2) “Airport Terminal” means an area of land that is used for the landing and takeoff of aircraft, including its buildings and facilities to load/unload passengers/goods.
3) “Flight” means takeoff, navigation in the air, landing of aircraft and its taxiing on the ground of an airport or of an airfield before takeoff and after landing.
4) “Airman” means aircraft pilot, flight engineer, aircraft maintenance engineer, air traffic controller, repairman, and aircraft dispatcher.
5) “Airfield” means any land or water that is used for takeoff, landing and surface movement of aircraft.
6) “Navigation Aids” means facilities designed for the support of aviation communications, meteorology, radio and visual aids as well as other installations providing safety guidance to aircraft in flight.
7) “Airway” means a control area or portion thereof established by CAA in the form of a corridor.
8) “Special Flight” means any approved single flight such as an aircraft test flight, acrobatic flight, flight beyond prescribed limits or repair as well as maintenance, and ferry flight.
9) “Air Traffic Control” means a service provided by an appropriate authority to preventing collisions between aircraft, and on the maneuvering area, between aircraft and obstructions, as well as expedite and maintain an orderly flow of air traffic.
10) “Pilot-in-Command” means the pilot assigned by the aircraft owner or user and who is responsible for the operation and safety of an aircraft during flight time.
11) “Civil Air Transport Enterprise” means an undertaking directly engaging in the transportation by aircraft of passengers, cargo and mail for compensation or hire.
12) “General Aviation Enterprise” means an enterprise engaging in the aviation business other than Civil Air Transport Enterprise for compensation, including aerial tourism, survey, photographing, fire-fighting, searching, paramedic, hauling and lifting, spraying and dusting, drone-hauling service, business charter, as well as other authorized aviation service.
13) “Air Freight Forwarder” means a business authorized to forward, through a civil air transport enterprise, air cargo and international trade and commercial documents other than mails for others for compensation or hire.
14) “Airport Ground Handling Service” means a service that performs towing and guiding of aircraft on the ramp, loading and unloading of baggage, cargo and meals, and cleaning aircraft cabin, and operating airbridge, and other associated tasks.
15) “Catering Service” means a caterer who transports meals and beverage and other necessary articles to and from aircraft on the ramp.
16) “Air Cargo Entrepot” means a business receiving compensations for providing customs clearance and warehousing space, facilities and services to handle import, export or transfer cargo into and out of airport bonded areas.
17) “Aircraft Accident” means an occurrence associated with the operation of aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, or associated with the operation of the drone which takes place between the time the propelling system is initiated in preparation for movement with the intention of flight until such time when the flight ends with propelling system being turned off, in which a person, either within or without the aircraft, is fatally or seriously injured or the aircraft sustains substantial damage or structural failure, is missing or completely inaccessible.
18) “Aircraft serious incident” means an occurrence associated with the operation of aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all persons aboard have disembarked, or associated with the operation of the drone which takes place between the time the propelling system is initiated in preparation for movement with the intention of flight until such time when the flight ends with propelling system being turned off, which almost result in an accident.
19) “Aircraft incident” means an occurrence associated with the operation of aircraft which takes place between the time any person boards the aircraft with the intention of flight until disembarkation of all those on board, or associated with the operation of the drone which takes place between the time the propelling system is initiated in preparation for movement with the intention of flight until such time when the flight ends with propelling system being turned off, other than what happen in the preceding two items.
20) “Ultra-light vehicle” means a powered airplane, powered glider, gyroplane, powered glider/parachute and weight-shift-control aircraft (commonly called trikes), which is used for manned operations and meets the following criteria:
(1) Single reciprocating engine.
(2) A maximum takeoff weight not exceeding six hundred kilograms.
(3) A maximum seating capacity not exceeding two persons, including the pilot.
(4) A maximum airspeed in level flight with maximum continuous power not exceeding two hundred and twenty two kilometers per hour under standard atmospheric conditions at sea level.
(5) A maximum stalling speed, without use of lift-enhancing devices, not exceeding eighty three kilometers per hour at the aircraft’s maximum certificated takeoff weight.
(6) A fixed or ground-adjustable propeller other than a powered glider. A fixed or feathering propeller system if a powered glider.
(7) A fixed-pitch, teetering and semi-rigid two-blade rotor system, if a gyroplane.
(8) A non-pressurized cabin, if equipped with a cabin.
(9) Fixed landing gear, if installed, other than a powered glider.
21) ‘‘Flight safety related event” means any occurrence of aircraft accident, aircraft serious incident, and aircraft incident incurred in operations of aircraft and the occurrence of ground safety events incurred in non-operations of aircraft.
22) “Aviation Product” means an aircraft, aircraft engine and propeller.
23) “Private Aircraft Activity” means a not-for-profit aviation with a privately owned aircraft.
24) “Aeroplane” means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight.
25) “Helicopter” means a heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes.
26) “Drone” means the unmanned aerial vehicle, the flight control of which is operated by way of signal link through remote control device or which is operated by autopilot, or the other aircraft without human pilot aboard as announced by CAA.
27) “Flight Hour Limitation Specification” means the relevant limitation or rules regarding the flight hours of the aircraft pilots, flight engineers or cabin crew members spent during the flight, and the fatigue management mechanism including duty time during flight, duty period, commuting, dispatch, stand-by and rest time.
Article 3
The Ministry of Transportation and Communications (hereinafter referred to as MOTC) shall establish the Civil Aviation Administration (hereinafter referred to as CAA) to administer affairs relating to civil aviation.
Regulations governing the organization of CAA shall be enacted separately.
Article 4
The use of air space and demarcation of control area, control zone, restricted area, dangerous area and prohibited area shall be determined by the MOTC in coordination with the Ministry of National Defense.
Article 5
The first inbound landing of an aircraft originating from any point in a foreign country, or an outbound aircraft taking off from the ROC to another country, shall conduct such landing or takeoff at a designated international airport. A special approval granted by MOTC or in case of an emergency may be an exception.
Article 6
In the event it is necessary for an aircraft to land at a military airfield, or to utilize the facilities of a military airport, the owner or operator of the aircraft shall apply to the military authorities through CAA for permission. However, an exception may be made for emergency landing.
When taking off from and landing at a military airfield, aircraft shall observe regulations of the airfield and abide by the instructions of the airfield authorities.