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Chapter Law Content

Title: Civil Aviation Act CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 5 Flight Safety
Article 38
An aircraft shall carry the following documents during any flight:
1)Aircraft registration certificate;
2)Airworthiness certificate;
3)Flight logbook;
4)Passenger manifest when carrying passengers;
5)Cargo and mail manifest;
6)Aircraft radio station license.
Depends on aircrafts category and characteristic of flight operation, CAA may waive the documents required described in the subparagraph 3 to 6 of preceding paragraph.
The pilot-in-command shall ensure that the documents described in the preceding paragraph 1 or 2 are aboard the aircraft before takeoff.
If the documents described in the preceding paragraph 1 or 2 are not in order or invalid upon the required CAA preflight checks, the flight shall be terminated.
Article 39
Special flight shall be performed only after an application filed with CAA has been approved.
Article 40
The owner or operator of an aircraft with an airworthiness certificate shall maintain the aircraft in accordance to regulations to insure the aircraft remains airworthy and conduct a preflight inspection before flight. If the aircraft is found not to be airworthy determined by an inspector or the pilot-in-command, the aircraft shall not be allowed to take off.
CAA shall send personnel or delegate another agency or body to inspect the maintenance activities of the owner or operator of the aforesaid aircraft. The owner or operator of an aircraft may not refuse, evade or impede such inspection. If the maintenance status does not meet airworthiness and safety requirements, the aircraft shall be grounded and its airworthiness certificate be revoked.
Civil Air Transport Enterprise shall submit aircraft ages, flight hours, the latest records of heavy maintenance and allocation of pilots’ flight hours to CAA for publication and as a reference to passenger when choosing carriers.
The qualifications, duties and supervision for those delegations as per paragraph two, as well as the procedures to delegate aircraft inspections, shall be formulated by MOTC.
Article 41
In the interest of flight safety, aircraft in flight shall submit to the appropriate requirements of general flight rules, visual flight rules and instrument flight rules. Aircraft shall also follow all instructions issued by the air traffic control unit.
Specific air traffic control procedures described above for general flight rules, visual flight rules, instrument flight rules and other related flight rules shall be prescribed by CAA.
Article 41-1
The owner or operator of an aircraft shall be responsible for flight safety of the aircraft and shall conduct safe flight operations pursuant to this Act or any regulation issued under this Act.
Rules governing flight operations, preparation for flight, flight hour limitation specification, aircraft performance and operational limitations, aircraft instruments, equipment and documents, aircraft telecommunication, navigation equipment, aircraft maintenance, flight crew operation, qualification of pilots, dispatchers, handbooks, forms/records, cabin crew and security shall be enacted by MOTC. Nevertheless, the flight operations standards, which are generally used in international aviation practice and are deemed suitable for domestic use, can be adopted after CAA approves.
CAA shall send personnel to inspect the operations activity of the owner or operator of the aircraft. The owner or operator of an aircraft may not refuse, evade or impede such inspection and will be notified of deficiencies if any. All deficiencies shall be corrected within a time limit when so advised by the CAA. CAA shall terminate the flight operation for any of the following conditions:
1)An airman who does not possess a valid certificate
2)An aircraft pilot whose physical and psychological status is not suitable for flight.
3)The flight test operation would cause imminent danger to persons or property on the ground.
Article 41-2
Rules governing matters of flight safety-related such as publication of bulletins, fire-fighting, search & rescue, taking emergency measures, as well as investigation of non-aircraft accident or major incident, statistics and analysis, shall all be prescribed by CAA.
Article 42
No aircraft shall be allowed to fly over prohibited areas.
Aircraft flying over restricted or dangerous areas must comply with the applicable provisions of the regulations.
Article 43
Any dangerous goods shall not be carried or consigned on board an aircraft, except complying with the provisions of paragraph four or the dangerous goods standards used in international practices regulations about the classification, identification, limitation, packing, marking, labeling, declaration and shipper’s responsibility approved by CAA.
The civil air transport enterprise, general aviation, air freight forwarder, airport ground handling service, catering service and air cargo entrepot shall not consign, store, load or transport any dangerous goods, except complying with the provisions of paragraph four or the dangerous goods standards used in international practices about the classification, identification, limitation, packing, marking, labeling, declaration, shipper’s responsibility, responsibility of the owner or operator of an aircraft, information providing, handling, training program, application procedure and compliance affair, accident or incident report, and other provisions of dangerous goods approved by CAA.
CAA shall publish the name of dangerous goods referred to in the preceding two paragraphs.
The regulations of classification, identification, limitation, packing, marking, labeling, declaration, shipper’s responsibility, the responsibility of the owner of operator of an aircraft, information providing, handling, training program, application procedure, compliance affair, accident or incident report, and other provisions shall be enacted by MOTC. The dangerous goods regulations used in international practices, which are adoptable for domestic use can be referred to after CAA approves.
Article 43-1
Any gun, cannon, knife referred to in the Act Governing the Control and Prohibition of Gun, Cannon, Ammunition, and Knife, and any other suspicious articles hazardous to flight safety shall not be carried on board an aircraft except the specially authorized firearms according to the demand of the special mission approved by the Aviation Police Office and agreed by the operator.
CAA shall publish the names of suspicious articles hazardous to flight safety referred to in the preceding paragraph.
Article 43-2
No person shall use any device that may interfere with navigation or telecommunications, unless these devices are approved by CAA, instructed by cabin crew with the consent of pilot in command.
CAA shall announce the types of devices that may cause interference with navigation or telecommunications, as well as the restriction for such use.
Article 43-3
No person shall use projecting spotlight and laser beam from being pointed at the aircraft in flight, unless special flights are approved by CAA or projection of emergency signal.
Article 44
No person shall dropped of object, sprayed, dragged of aircraft and other object or parachuted from an aircraft in flight, however, that such prohibition shall not apply where the act is in furtherance of flight safety or rescue mission, or is approved by CAA.
Article 45
The pilot-in-command of an aircraft is directly responsible for the safe operation of that aircraft and may take any necessary steps to deal with an emergency.
Article 46
An aircraft, its passengers and cargo, shall be available for examination by appropriate authorities in accordance with law prior to and after a flight.
Article 47
CAA should help mediate in any dispute between the air carrier and passengers during or upon completion of a flight.
If passengers ignore efforts at mediation and refuse to leave aircraft after landing, the air carrier with CAA consent may request assistance of the Air Police Bureau to persuade or force passengers to leave aircraft after landing.
Measures for mediation stated in paragraph one shall be provided by CAA.
Article 47-1
For purposes of conducting matters relating to national civil aviation security, MOTC shall formulate a national civil aviation security program and submit it to Executive Yuan for approval prior to its implementation.
Aviation Police Office, which is the security authority of each airport, shall formulate each airport security program and submit it to CAA for approval prior to its implementation.
Each publicly and privately owned institution with operations at an airport shall comply with the regulations of the airport security program of the airport where it is operating.
Article 47-2
The civil air transport enterprise and general aviation enterprise shall formulate its own aviation security program and submit it to CAA for approval prior to its implementation.
The foreign civil air transport enterprise shall formulate its own aviation security program and submit it to CAA for acceptance prior to its implementation.
The air cargo entrepot, airport ground handling service, catering service and publicly and privately owned institution with operations at an airport connected with a security restricted area of an airport that has an independently guarded entrance connecting a non- security restricted area, shall formulate its own aviation security program of the airport where it is operating and submit it to Aviation Police Office for approval prior to its implementation.
The air freight forwarder should formulate an aviation security program and submit it to Aviation Police Office for approval to apply for the regulated agent.
Aviation Police Office may dispatch security inspectors to audit, inspect and test the security measures and practices of each publicly and privately owned institution operating at an airport and of the regulated agent. The unit subjected to such security audit, inspection and test shall not avoid, impede, or refuse, and will be notified of deficiencies, if any, and shall redress such deficiencies within a specified time limit.
While dispatching security inspectors to implement the security audit, inspection and test referred to in the preceding paragraph, Aviation Police Office may request the operator of an airport to jointly conduct.
Article 47-3
The passenger, baggage, cargo and mail that haven’t been screened by Aviation Police Office shall not board nor be loaded onto an aircraft; unless it complies with any of the following:
1) No screening is required under the provision of a treaty, agreement or international convention.
2) The cargo subject to security control implemented by a regulated agent according to its own approved aviation security program.
3) Other exception approved by Aviation Police Office according to applicable regulations.
The owner or operator of an aircraft shall not carry the passenger, baggage, cargo and mail that haven’t been screened according to the provision of the paragraph one.
The crew, along with their cabin, hold baggage and articles shall be screened by Aviation Police Office before boarding or loading onto an aircraft; anyone refuses to be screened shall not board nor load onto the aircraft.
The owner or operator of an aircraft shall be responsible for the aviation security of their own aircraft.
The provisions of preceding five paragraphs shall be applicable to the owner or operator of a foreign aircraft.
Article 47-4
The operator of an airport shall designate certain areas of the airport as security restricted area for purposes of maintaining security and operation.
The personnel, vehicles and articles carried or transported by them shall be screened by Aviation Police Office when entering and leaving the security restricted area.
Article 47-5
Rules governing the formulating, reporting and approving procedures for aviation security program; the security measures as to protect an aircraft on the ground, aircraft security check; passenger, baggage, cargo, catering supplies and catering stores; application procedures of a regulated agent; escorts and personnel under their escort; matters to be followed by armed air marshal and other personnel carrying weapons on board as approved by Aviation Police Office; qualifications of the security control personnel; contingency response measures relating to aviation security incidents; formulating, reporting and approving procedures for aviation security quality control programs; formulating, reporting and approving procedures for security training programs; non-disclosure of security information; security management of the owner or operator of an foreign aircraft and other matters to be followed about the aviation security shall be enacted by MOTC.