中华人民共和国搜寻援救民用航空器规定

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中华人民共和国搜寻援救民用航空器规定 PROVISIONS OF THE PEOPLES REPUBLIC OF CHINA ON SEARCH AND RESCUE OF CIVIL AIRCRAFT

民用航空局令第29号
（Approved by the State Council on December 8， 1992 and promulgated by Decree No. 29 of the Civil Aviation Administration of China on December 28， 1992）
颁布日期：19921228 　实施日期：19921228 　颁布单位：民航

　　Chapter I General Provisions

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　　Article 1 These Provisions are formulated to meet the requirements for timely and efficient search and rescue of civil aircraft in emergency， so as to obviate or minimize the casualties of persons and loss of property.

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　　Article 2 These Provisions are applicable to the search and rescue of all civil aircraft in the territory of the People's Republic of China， and on such portion of the high seas where China shall undertake such search and rescue operations as stipulated in the international treaties concluded or acceded to by the People's Republic of China.

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　　Article 3 In addition to the application of these Provisions， the search and rescue of civil aircraft on the sea shall comply with the other provisions governing search and rescue on the sea prescribed by the State Council.

　　Article 4 The search and rescue of civil aircraft shall be conducted in accordance with the following division of labour：

　　（1） The Civil Aviation Administration of China （hereinafter referred to as CAAC） shall be responsible for the overall direction of the search and rescue of civil aircraft in the country；

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　　（2） The people's governments of provinces， autonomous regions and municipalities directly under the Central Government shall be responsible for the search and rescue of civil aircraft on land within their respective administrative areas， and CAAC regional administrations （hereinafter referred to as CARA） shall assist in such operations；

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　　（3） The national maritime search and rescue service shall be responsible for the search and rescue of civil aircraft on the sea and the departments concerned shall render support thereto.

　　Article 5 The CAAC Search and Rescue Coordination Centre and CARA search and rescue coordination centres shall undertake to coordinate the search and rescue of civil aircraft on and over the land.

　　Article 6 The Civil Aviation Search and Rescue Area of the People's Republic of China covers the territory of the People's Republic of China and such portion of the high seas where China shall undertake search and rescue operations as stipulated in the international treaties concluded or acceded to by the People's Republic of China. The Civil Aviation Search and Rescue Area shall be divided into several regional civil aviation search and rescue areas， the delineation of which shall be published by CAAC.

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　　Article 7 The civil aviation shall be the main force in search and rescue missions when aircraft is used， and in cases where civil aviation is inadequate in force， the armed forces shall dispatch aircraft in support of such missions.

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　　Article 8 In order to perform the urgent mission of the search and rescue of civil aircraft， all localities， departments， units and personnel concerned must take initiative in active coordination and fulfil the mission with all efforts. Those units and individuals making outstanding achievements in search and rescue operations shall be awarded by the organs at higher levels.

　　Chapter II Preparations for Search and Rescue

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　　Article 9 Each CARA shall work out a programme for the search and rescue of civil aircraft on and over the land by aircraft. The programme， after being approved by CAAC， shall be submitted to the people's governments of provinces， autonomous regions and municipalities directly under the Central Government for file.

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　　Article 10 The maritime search and rescue services of coastal provinces， autonomous regions and municipalities directly under the Central Government shall work out a programme for the search and rescue of civil aircraft by vessels and aircraft at sea. The programme， after being approved by the national maritime search and rescue service， shall be submitted to the people's governments of provinces， autonomous regions and municipalities directly under the Central Government and CAAC for file with copies to CARAs concerned at the same time.

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　　Article 11 The programme of search and rescue of civil aircraft shall contain the following provisions：

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　　（1） provisions concerning the units to conduct search and rescue operations by aircraft and vessels， the types of aircraft and vessels， and the preparedness for the operations；

　　（2） provisions concerning the airports to be used by aircraft and ports to be used by vessels， the area for the search and rescue operations， and the services in support of such operations；

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　　（3） provisions concerning the coordination between the vessels and the aircraft conducting the search and rescue operations on the sea；

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　　（4） provisions concerning the request through consultation for local garrison to dispatch aircraft or vessels to support the search and rescue operation when the force of civil aviation conducting the operation is inadequate.

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　　Article 12 The CARAs and the maritime search and rescue services of coastal provinces， autonomous regions and municipalities directly under the Central Government shall organize periodical search and rescue exercises in the light of approved programmes.

　　Article 13 The communications used in the search and rescue of civil aircraft shall conform to the following provisions：

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　　（1） The civil aviation air traffic control units and the aircraft undertaking search and rescue mission shall be equipped with communication facilities with aeronautical emergency frequency 121.5 MHz， and are to be equipped， step by step， with communication facilities with aeronautical emergency frequency 243 MHz；

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　　（2） Aircraft undertaking search and rescue mission on the sea shall be equipped with communication facilities with distress frequency 2，182 KHz；

　　（3） Some of the aircraft undertaking search and rescue mission shall be equipped with homing devices so as to enable themselves to home in on the emergency location beacon of aircraft in distress according to its transmission signals， and in addition， with the facilities to communicate with search and rescue vessels on modulation frequency 156.8 MHz.

　　Article 14 CARA search and rescue coordination centres shall establish direct communication with the maritime search and rescue services of relevant provinces， autonomous regions and municipalities directly under the Central Government.

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　　Article 15 The units conducting search and rescue mission shall be responsible for preparing the survival supplies to be air dropped to personnel in distress in accordance with the following stipulations：

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　　（1） medical and first aid supplies_red；

　　（2） food and water_blue；

　　（3） protective clothing and blankets_yellow；

　　（4） other supplies_black；

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　　（5） mixed supplies in the same container or package_mixed colours.

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　　Instructions on the use of survival supplies shall be enclosed in each container or package in Chinese， English and another optional language.

　　Chapter III Conduct of Search and Rescue

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　　Article 16 Any unit or person having observed or listened in to the emergency of a civil aircraft shall immediately notify and CARA search and rescue coordination centre concerned； when the position of the civil aircraft in emergency is found on land， the local government shall be notified at the same time； when it is at sea， the local maritime search and rescue service shall be notified at the same time.

　　Article 17 Upon receiving the information of a civil aircraft in emergency， the CARA search and rescue coordination centre must make a judgement immediately and take search and rescue measures in accordance with the provisions of Article 19， Article 20 and Article 21， as appropriate， of these Provisions， and report or notify thereon to the CAAC Search and Rescue Coordination Centre and units concerned in time accordingly.

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　　Article 18 The state of emergency of a civil aircraft referred to in these Provisions is classified into the following three phases：

　　（1） Uncertainty phase refers to a situation where uncertainty exists as to the safety of a civil aircraft， including such cases where：

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　　（i） the air traffic control unit cannot establish communication with the civil aircraft in prescribed time；

　　（ii） the civil aircraft does not land within prescribed time， and with no other information available.

　　（2） Alert phase refers to a situation where apprehension exists as to the safety of a civil aircraft， including such cases where：

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　　（i） the air traffic control unit still cannot establish contact with a civil aircraft in uncertainty phase；

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　　（ii） the operating capability of the civil aircraft has been impaired， but not yet to the extent that a forced landing is likely；

　　（iii） communication has not been reestablished with the civil aircraft which has been cleared to land and the aircraft has failed to land within five minutes of the estimated time of landing.

　　（3） Distress phase refers to a situation where there is a reasonable certainty that a civil aircraft is threatened by grave and imminent danger and consequently requires immediate rescue， including such cases where：

　　（i） it is difficult for the civil aircraft in alert phase to proceed further according to calculation of fuel consumption；

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　　（ii） the operating capability of the civil aircraft has been gravely impaired to the extent that a forced landing is likely；

　　（iii） the civil aircraft has made a forced landing or has crashed.

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　　Article 19 With regard to civil aircraft in uncertainty phase， the CARA search and rescue coordination centre shall：

　　（1） determine the area to be searched in the light of specific conditions；

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　　（2） notify to activate relevant facilities such as aeronautic stations， radio navigation aids， direction finders and radars with a view to locating the aircraft；

　　（3） establish contact with the civil aircraft as soon as possible and take necessary measures.

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　　Article 20 With regard to civil aircraft in alert phase， the CARA search and rescue coordination centre shall：

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　　（1） alert immediately the units concerned；

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　　（2） require the aircraft and vessels undertaking the search and rescue mission to be immediately on the alert；

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　　（3） urge the checking of all electronic facilities， and continue to establish contact with and search for the civil aircraft in uncertainty phase；

　　（4） organize the guidance of the civil aircraft to land at the nearest airport in accordance with the extent of the impairment of its operating capability and the opinion of the pilot-in-command；

　　（5） promptly find out， jointly with the airport where the civil aircraft is to land， the situation of the aircraft which has been cleared to land but failed to land within five minutes of the estimated time of landing， and take necessary measures.

　　Article 21 With regard to civil aircraft in distress phase， the CARA search and rescue coordination centre shall：

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　　（1） notify immediately the units concerned that a civil aircraft is in distress；

　　（2） estimate by analysis the possible distressed area of the civil aircraft which has run out of fuel and the position of which is still unknown， and notify search and rescue units to send people or dispatch aircraft and vessels to conduct immediate search and rescue operations；

　　（3） notify the search and rescue units to dispatch aircraft to escort the civil aircraft， the operating capability of which has been impaired so gravely that a forced landing is likely， or dispatch people or aircraft and vessels to the predetermined site of forced landing to conduct rescue operations；

　　（4） report immediately to the people's governments of the relevant provinces， autonomous regions and municipalities directly under the Central Government when the position of the civil aircraft having made a forced landing or having an accident is on land； when the position is at sea， notify immediately the maritime search and rescue services of relevant coastal provinces， autonomous regions and municipalities directly under the Central Government.

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　　Article 22 Upon receiving the report or notification of the forced landing or accident of a civil aircraft， the people's governments of the relevant provinces， autonomous regions and municipalities directly under the Central Government or the maritime search and rescue services of the relevant coastal provinces， autonomous regions and municipalities directly under the Central Government shall immediately organize the departments concerned and the local garrison to conduct search and rescue operations， and designate a person in charge at the scene of accident.

　　Article 23 The main duties of the person-in-charge at the scene of accident are as follows：

　　（1） to organize the rescue of survivors；

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　　（2） to take measures to deter the civil aircraft from bursting into fire or to extinguish the fire；

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　　（3） carefully to protect the scene of accident of the civil aircraft， the scene that has to be disrupted for the rescue of personnel or fire fighting shall be photographed or videotaped；

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　　（4） carefully to protect the distressed civil aircraft and the property of its occupants.

　　Article 24 Prior to the arrival of the designated person-in-charge at the scene of accident， the competent person of the rescue unit that first arrives at the scene shall act as provisional person-in-charge at the scene and exercise the duties provided in Article 23 of these Provisions， and shall be responsible to hand over the work to the person-in-charge at the scene after the latter's arrival.

　　Article 25 The CARA search and rescue coordination centre shall manage to notify the crew of the civil aircraft in emergency of the rescue measures already taken.

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　　Article 26 Radio communication shall be used to establish contact among the aircraft and vessels conducting search and rescue mission， survivors and search and rescue teams. In case of non-availability of such equipment or the failure of radio communication， international search and rescue signals as stipulated in the Appendix to these Provisions shall be used for communication.

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　　Article 27 If the state of emergency of a civil aircraft no longer exists or if the search and rescue operation may be terminated， the CARA search and rescue coordination centre shall timely issue closure notification of the state of emergency to units concerned in accordance with prescribed procedures.

　　Chapter IV Penalty

　　Article 28 Whoever violates of these Provisions by one of the following acts shall be subjected to administrative sanction by the unit where he serves， or by a higher authority. Where the offence constitutes acrime， the criminal responsibility shall be investigated according to law：

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　　（1） Great losses have been incurred due to the failure to act actively and to coordinate with each other in performing the search and rescue mission；

　　（2） Losses have been aggravated due to the failure to actively perform his duties or to obey directions；

　　（3） Losses have been incurred due to neglect of duty， improper judgement on the state of emergency of a civil aircraft， improper disposition of the emergency or forfeit of chance.

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　　Chapter V Supplementary Provisions

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　　Article 29 The expenses incurred by aircraft conducting search and rescue missions may be subsidized by the State. Detailed method of subsidy shall be formulated by the department concerned in conjunction with the financial department through consultation.

　　Article 30 CAAC shall be responsible for the interpretation of these Provisions.

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　　Article 31 These Provisions shall go into effect as of the date of promulgation.