中华人民共和国民用航空法 The Civil Aviation Law of PRC

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Article 40 An airman may perform the duty

specified in his licence only if he has received professional

training, and has been qualified through examination

and issued a licence by the competent civil aviation

authority under the State Council.

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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.

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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.

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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.

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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.

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Article 48 In case a civil aircraft is in distress,

the pilot-in-command has the right to take all necessary

measures, and direct the crew members and other

persons on board the aircraft to take rescue measures.

In case of emergency which necessitates evacuation

from the civil aircraft in distress, the pilot-in-command

must take measures first to organize passengers

to leave the civil aircraft safely; no crew member shall

leave the civil aircraft unless authorized by the

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pilot-in-command; the pilot-in-command shall be the

last to leave the aircraft.

Article 49 In case an accident occurred to a civil

aircraft, the pilot-in-command shall report in time the

state of the accident accurately to the competent civil

aviation authority under the State Council directly or

through air traffic control unit.

Artic~ 50 When a pilot-in-command received

SOS signals from a ship or another aircraft, or discovered

a ship or an aircraft and the persons therein in distress,

he shall report the state of distress in time to the

nearest air traffic control unit and give possible, rational

assistance.

Article 51 In case a pilot-in-command is

unable to perform his duties in flight due to one reason

or another, the pilot holding a post next only to him

shall act on his behalf; the owner or lessee of the civil

aircraft shall assign a new pilot-in-command to take

over before the aircraft takes off at the next place of

stop.

Article 52 In the case of a civil aircraft with only

one pilot and without the need to have other flight

personnel, the provisions of this Section concerning the

pilot-in-command shall be applicable to such pilot.

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Chapter VI

Civil Airport

Article 53 The !Icivil airport'! as referred to in

this Law means a defined area, including any subsidiary

buildings, installations and equipment, intended to be

used for the takeoff, landing, taxiing, parking and other

activities of civil aircraft.

The civil airport referred to in this Law does not

include temporary airfield.

The measures for the management of airports used

by both military and civil air operations shall be

separately formulated by the State Council and the

Central Military Commission jointly.

Article 54 The construction and utilization of

civil airports shall be subject to overall arrangement

and rational distribution, and the efficiency of airport

utilization shall be raised.

The plan of distribution and construction of civil

airports in the whole country shall be formulated

jointly by the competent civil aviation authority under

the State Council and other departments concerned under

the State Council, and shall be implemented after

being approved in accordance with the procedures prescribed

by the State.

The People!s Governments of provinces, autono-

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mous regions and municipalities directly under the

Central Government shall formulate the civil airport

construction plans of their own administrative areas

on the basis of the national plan of civil airport distribution

and construction, and incorporate such

plans into the national economic and social development

programs at their respective levels after being

approved in accordance with the procedures prescribed

by the State.

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Article 55 The civil airport construction plan

shall be coordinated with city construction planning.

Article 56 The construction, modification and

extension of a civil airport shall conform to the plan of

civil airport distribution and construction formulated

according to law and to the standards of civil airport,

and shall be subject to the approval of the competent

authority concerned and implemented in accordance

with State regulations.

A construction project of civil airport not conforming

to the plan of civil airport distribution and

construction formulated according to law shall not be

approved.

Article 57 With respect to the construction and

extension of a civil airport, an announcement shall be

issued by the local People's Government at or above

the county level in the place where the civil airport is 10-

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cated.

The announcement prescribed in the preceding

paragraph shall be published in main local newspapers,

and posted in areas around the airport to be constructed

or extended.

Article 58 The following actrviues are prohibited

within the limits of civil airport defined according

to law and within the airport obstacle clearance protection

zone defined according to State regulations:

(1) The construction of buildings or facilities that

will possibly affect flight safety by emitting large

amount of smoke, dust, flames and waste gas in the air;

(2) The construction of buildings or facilities that

will affect flight safety such as shooting range and storage

of strong explosives;

(3) The construction of buildings or facilities that

do not meet the requirements of obstacle clearance of

the airport;

(4) The installation of lights, signs or objects that

will affect the use of airport visual navaid.

(5) The growing of plants that will affect flight

safety or affect the use of airport navaid.

(6) The keeping and setting free of birds and other

objects that will affect flight safety; and

(7) The construction of buildings or facilities that

will affect the electromagnetic environment of the airport.

Herding of livestock within the limits of civil air-

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port defined according to law is prohibited.

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Article 59 Before the issue of announcement

concerning the construction and extension of a civil

airport, the buildings, structures, trees, lights and other

obstacles existing within the limits of the civil airport

defined according to law and within the airport obstacle

clearance protection zone defined in accordance with

State regulations that might affect flight safety shall be

removed within prescribed time limit; the damage

caused thereby shall be compensated or other remedial

measures shall be taken according to law.

Article 60 After the issue of announcement

concerning the construction and extension of a civil

airport, the buildings, structures, trees, lights and other

obstacles, that affect flight safety, built, planted or put

up in violation of this Law and the provisions of relevant

administrative rules and regulations by any unit or

individual within the limits of the civil airport defined

according to law and within the airport obstacle clearance

protection zone defined in accordance with State

regulations shall be removed by the order of the local

People!s Government at or above the county level in

the place where the airport is located; the damage

caused thereby shall be borne by the person who built,

planted or put up such obstacles.

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Article 61 In accordance with the relevant regu-

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lations of the State, movement obstacle lights and

marks shall be installed on high buildings or facilities,

outside the civil airport and its obstacle clearance protection

zone defined according to State regulations, that

will possibly affect flight safety, and shall be kept in

normal condition.

Article 62 A civil airport may be opened to traffic

only if it holds an airport operating licence.

A civil airport may apply for an airport operating

licence if it meets the following conditions and has been

checked and accepted as qualified according to State

regulations:

(1) It has available a movement area, a terminal

area, a working area and service facilities and personnel

corresponding to its operation;

(2) It has available air traffic control, communication,

navigation and meteorological facilities and personnel

that can ensure flight safety;

(3) It has available security protection conditions

conforming to State regulations;

(4) It has an emergency plan to deal with extraordinary

circumstances and corresponding facilities and

personnel; and

(5) It has available other conditions prescribed by

the competent civil aviation authority under the State

Council.

An international airport shall also have the conditions

for operating international air transport and be

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provided with customs and other port inspection organs.

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Article 63 A civil airport operating licence shall

be applied for by airport administrative organ to the

competent civil aviation authority under the State

Council, and shall be issued after the application being

examined and approved by the competent civil aviation

authority under the State Council.

Article 64 The establishment of an international

airport shall be reported by the competent civil aviation

authority under the State Council for the examination

and approval of the State Council.

The opening to traffic of an international airport

shall be announced to the public by the competent civil

aviation authority under the State Council; the data of

an international airport shall be exclusively provided by

the competent civil aviation authority under the State

Council.