Article 40 An airman may perform the dutyspecified in his licence only if he has received professionaltraining, and has been qualified through examinationand issued a licence by the competent civil aviationauthority under the State Council.-17-Flight personnel and air traffic controllers shall,before obtaining licences, also be subject to the check ofthe physical examination unit approved by the competentcivil aviation authority under the .State Council,and obtain the physical examination certificate issuedby the competent civil aviation authority under theState Council.Article 41 Flight personnel shall, in performingflight missions, carryon their persons licences andphysical examination certificates and be subject to thecheck of the competent civil aviation authority underthe State Council.
Article 42 Airmen shall be subject to the periodical
or non-periodical inspection and examination of
the competent civil aviation authority under the State
Council. Only those qualified in inspection and examination
may continue to perform the duties specified in
their licences.
Flight personnel shall also take part in periodical
training of emergency procedures.
Flight personnel who have exceeded the time limit
of interruption in flight prescribed by the competent
civil aviation authority under the State Council shall be
subject to inspection and examination; with the exception
of cabin attendants, flight personnel shall also go
through instruction flight. Only those qualified through
inspection, examination and instruction flight may con-
-18-
Flight personnel and air traffic controllers shall,
before obtaining licences, also be subject to the check of
the physical examination unit approved by the competent
civil aviation authority under the .State Council,
and obtain the physical examination certificate issued
by the competent civil aviation authority under the
State Council.
Article 41 Flight personnel shall, in performing
flight missions, carryon their persons licences and
physical examination certificates and be subject to the
check of the competent civil aviation authority under
the State Council.
Article 42 Airmen shall be subject to the periodical
or non-periodical inspection and examination of
the competent civil aviation authority under the State
Council. Only those qualified in inspection and examination
may continue to perform the duties specified in
their licences.
Flight personnel shall also take part in periodical
training of emergency procedures.
Flight personnel who have exceeded the time limit
of interruption in flight prescribed by the competent
civil aviation authority under the State Council shall be
subject to inspection and examination; with the exception
of cabin attendants, flight personnel shall also go
through instruction flight. Only those qualified through
inspection, examination and instruction flight may con-
-18-
takeoff.
Article 46 The pilot-in-command has the right
to take necessary and appropriate measures in flight,
under the prerequisite of ensuring flight safety, against
any acts which may destroy the civil aircraft, interfere
with the order on board and jeopardize the safety of
persons or property therein, and any other acts jeopardizing
flight safety.
In case of extraordinary circumstances in flight,
the pilot-in-command shall have authority as to disposition
of the civil aircraft so as to ensure the safety of
the aircraft and the persons therein.
Article 47 The pilot-in-command has the right
to ask for a change of crew memberts) in order to ensure
flight safety if he discovers that the crew
memberfs) are not suitable for performing the flight
mISSIOn.
Article 48 In case a civil aircraft is in distress,the pilot-in-command has the right to take all necessarymeasures, and direct the crew members and otherpersons on board the aircraft to take rescue measures.In case of emergency which necessitates evacuationfrom the civil aircraft in distress, the pilot-in-commandmust take measures first to organize passengersto leave the civil aircraft safely; no crew member shallleave the civil aircraft unless authorized by the-20-pilot-in-command; the pilot-in-command shall be thelast to leave the aircraft.Article 49 In case an accident occurred to a civilaircraft, the pilot-in-command shall report in time thestate of the accident accurately to the competent civilaviation authority under the State Council directly orthrough air traffic control unit.Artic~ 50 When a pilot-in-command receivedSOS signals from a ship or another aircraft, or discovereda ship or an aircraft and the persons therein in distress,he shall report the state of distress in time to thenearest air traffic control unit and give possible, rationalassistance.Article 51 In case a pilot-in-command isunable to perform his duties in flight due to one reasonor another, the pilot holding a post next only to himshall act on his behalf; the owner or lessee of the civilaircraft shall assign a new pilot-in-command to takeover before the aircraft takes off at the next place ofstop.Article 52 In the case of a civil aircraft with onlyone pilot and without the need to have other flightpersonnel, the provisions of this Section concerning thepilot-in-command shall be applicable to such pilot.-21-
Chapter VICivil AirportArticle 53 The !Icivil airport'! as referred to inthis Law means a defined area, including any subsidiarybuildings, installations and equipment, intended to beused for the takeoff, landing, taxiing, parking and otheractivities of civil aircraft.The civil airport referred to in this Law does notinclude temporary airfield.The measures for the management of airports usedby both military and civil air operations shall beseparately formulated by the State Council and theCentral Military Commission jointly.Article 54 The construction and utilization ofcivil airports shall be subject to overall arrangementand rational distribution, and the efficiency of airportutilization shall be raised.The plan of distribution and construction of civilairports in the whole country shall be formulatedjointly by the competent civil aviation authority underthe State Council and other departments concerned underthe State Council, and shall be implemented afterbeing approved in accordance with the procedures prescribedby the State.The People!s Governments of provinces, autono--22-mous regions and municipalities directly under theCentral Government shall formulate the civil airportconstruction plans of their own administrative areason the basis of the national plan of civil airport distributionand construction, and incorporate suchplans into the national economic and social developmentprograms at their respective levels after beingapproved in accordance with the procedures prescribedby the State.
Article 55 The civil airport construction planshall be coordinated with city construction planning.Article 56 The construction, modification andextension of a civil airport shall conform to the plan ofcivil airport distribution and construction formulatedaccording to law and to the standards of civil airport,and shall be subject to the approval of the competentauthority concerned and implemented in accordancewith State regulations.A construction project of civil airport not conformingto the plan of civil airport distribution andconstruction formulated according to law shall not beapproved.Article 57 With respect to the construction andextension of a civil airport, an announcement shall beissued by the local People's Government at or abovethe county level in the place where the civil airport is 10--23-cated.The announcement prescribed in the precedingparagraph shall be published in main local newspapers,and posted in areas around the airport to be constructedor extended.Article 58 The following actrviues are prohibitedwithin the limits of civil airport defined accordingto law and within the airport obstacle clearance protectionzone defined according to State regulations:(1) The construction of buildings or facilities thatwill possibly affect flight safety by emitting largeamount of smoke, dust, flames and waste gas in the air;(2) The construction of buildings or facilities thatwill affect flight safety such as shooting range and storageof strong explosives;(3) The construction of buildings or facilities thatdo not meet the requirements of obstacle clearance ofthe airport;(4) The installation of lights, signs or objects thatwill affect the use of airport visual navaid.(5) The growing of plants that will affect flightsafety or affect the use of airport navaid.(6) The keeping and setting free of birds and otherobjects that will affect flight safety; and(7) The construction of buildings or facilities thatwill affect the electromagnetic environment of the airport.Herding of livestock within the limits of civil air--24-port defined according to law is prohibited.
Article 59 Before the issue of announcementconcerning the construction and extension of a civilairport, the buildings, structures, trees, lights and otherobstacles existing within the limits of the civil airportdefined according to law and within the airport obstacleclearance protection zone defined in accordance withState regulations that might affect flight safety shall beremoved within prescribed time limit; the damagecaused thereby shall be compensated or other remedialmeasures shall be taken according to law.Article 60 After the issue of announcementconcerning the construction and extension of a civilairport, the buildings, structures, trees, lights and otherobstacles, that affect flight safety, built, planted or putup in violation of this Law and the provisions of relevantadministrative rules and regulations by any unit orindividual within the limits of the civil airport definedaccording to law and within the airport obstacle clearanceprotection zone defined in accordance with Stateregulations shall be removed by the order of the localPeople!s Government at or above the county level inthe place where the airport is located; the damagecaused thereby shall be borne by the person who built,planted or put up such obstacles.
Article 61 In accordance with the relevant regu-25-lations of the State, movement obstacle lights andmarks shall be installed on high buildings or facilities,outside the civil airport and its obstacle clearance protectionzone defined according to State regulations, thatwill possibly affect flight safety, and shall be kept innormal condition.Article 62 A civil airport may be opened to trafficonly if it holds an airport operating licence.A civil airport may apply for an airport operatinglicence if it meets the following conditions and has beenchecked and accepted as qualified according to Stateregulations:(1) It has available a movement area, a terminalarea, a working area and service facilities and personnelcorresponding to its operation;(2) It has available air traffic control, communication,navigation and meteorological facilities and personnelthat can ensure flight safety;(3) It has available security protection conditionsconforming to State regulations;(4) It has an emergency plan to deal with extraordinarycircumstances and corresponding facilities andpersonnel; and(5) It has available other conditions prescribed bythe competent civil aviation authority under the StateCouncil.An international airport shall also have the conditionsfor operating international air transport and be-26-provided with customs and other port inspection organs.
Article 63 A civil airport operating licence shallbe applied for by airport administrative organ to thecompetent civil aviation authority under the StateCouncil, and shall be issued after the application beingexamined and approved by the competent civil aviationauthority under the State Council.Article 64 The establishment of an internationalairport shall be reported by the competent civil aviationauthority under the State Council for the examinationand approval of the State Council.The opening to traffic of an international airportshall be announced to the public by the competent civilaviation authority under the State Council; the data ofan international airport shall be exclusively provided bythe competent civil aviation authority under the StateCouncil.
