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

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Article 65 A civil airport shall take measures to

ensure the safety of personnel and property in the airport

in accordance with the provisions of the competent

civil aviation authority under the State Council.

Article 66 A civil airport used by civil aircraft

for the purpose of transporting passengers and cargo

shall be equipped with necessary facilities to provide

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good service to passengers, shippers and consignees in

accordance with the standards provided by the competent

civil aviation authority under the State Council.

Article 67 A civil airport administrative organ

shall protect well the environment of the civil airport in

accordance with the provisions of the laws and administrative

rules and regulations concerning environmental

protection.

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Article 68 A user!s charge and a service charge

shall be paid for the use of civil airport and its navaid

by a civil aircraft; the rates of user!s charge and service

charge shall be formulated jointly by the competent civil

aviation authority under the State Council and the finance

department and the competent authority of

prices under the State Council.

Article 69 Where a civil airport is abandoned or

used for other purposes, the civil airport administrative

organ shall go through the formalities of reporting and

approval in accordance with State regulations.

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Chapter VII

Air Navigation

Section 1 Airspace Management

Article 70 The State exercises unified management

over the airspace.

Article 71 In delineating the airspace, consideration

shall be given to the requirements of both civil

aviation and the security of national defence and to

public interest for the rational, full and effective utilization

of the airspace.

Article 72 The specific measures for airspace

management shall be formulated jointly by the State

Council and the Central Military Commission.

Section 2 Flight Management

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Article 73 Responsibility for the control of aircraft

operating within a defined, controlled airspace

shall be vested in a single air traffic control unit.

Article 74 The approval of an air traffic control

unit shall be obtained for a civil aircraft to conduct

flight activities in a controlled airspace.

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Article 75 A civil aircraft in flight shall follow

the air route and fly at the altitude specified by the air

traffic control unit; permission shall be obtained from

the air traffic control unit if a deviation from the air

route or a change in flight altitude specified is necessary

for one reason or another.

Article 76 Aircraft flying in the territory of the

People's Republic of China must observe unified rules

of the air.

A civil aircraft performing visual flight shall observe

visual flight rules and keep a safe separation from

other aircraft and ground obstacles.

A civil aircraft performing instrument flight shall

observe instrument flight rules.

The rules of the air shall be formulated jointly by

the State Council and the Central Military

Commission.

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Article 77. No crew member of a civil aircraft

shall perform a flight mission if his flight time or time

on duty exceeds the time limits prescribed by the competent

civil aviation authority under the State Council.

No crew member of a civil aircraft shall perform a

flight mission if his work capacity is impaired by the effect

of alcoholic beverage, narcotic or other drugs.

Article 78 No civil aircraft shall fly into a pro-

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hibited area unless it is specially approved in

accordance with State regulations; no civil aircraft shall

fly into a restricted area unless it observes the prescribed

conditions of restriction.

The prohibited area and restricted area specified in

the preceding paragraph are defined in accordance with

State regulations.

Article 79 No civil aircraft shall fly across the

airspace over a city except in one of the following circumstances:

(I) It is necessary for takeoff, landing or specified

air route;

(2) The flight altitude is high enough to permit the

civil aircraft to leave the airspace over the city in the

event of emergency without undue hazard to persons or

property on the surface;

(3) The flight has been approved in accordance

with the procedures prescribed by the State.

Article 80 Nothing shall be dropped or sprayed

from a civil aircraft in flight except in one of the following

circumstances:

(I) It is indispensable for flight safety; or

(2) It is indispensable for performing a rescue mission

or other flight missions conforming to the public

interest of the society.

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Article 81 No civil aircraft shall fly out of the

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territorial airspace of the People's Republic of China

unless approved.

Where a civil aircraft is leaving the airspace of the

People's Republic of China without authorization, the

department concerned has the right to take necessary

measures to stop it in accordance with concrete conditions.

Section 3 Flight Support

Article 82 An air traffic control unit shall provide

air traffic services to civil aircraft in flight, including

air traffic control service, flight information

service and alerting service.

The purpose of providing air traffic control service

is to prevent collisions between civil aircraft and aircraft,

and between civil aircraft and obstacles, and

maintain and expedite an orderly flow of air traffic.

The purpose of providing flight information service

is to provide advice and information useful for the

safe and efficient conduct of flights.

The purpose of providing alerting service is to notify

appropriate organizations regarding aircraft in need

of search and rescue aid, and assist such organizations

as required.

Article 83 In the event that an air traffic control

unit discovers a civil aircraft deviated from its

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specified air route or lost its course, it shall rapidly

take all necessary measures to enable the aircraft to

regain course.

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Article 84 Necessary navigation, communication,

meteorological and ground monitoring equipments

shall be installed on the air route.

Article 85 The natural obstacles that affect

flight safety on air route shall be marked on aeronautical

charts; flight obstacle lights and marks shall be installed

on man-made obstacles that affect flight safety

on air route and shall be kept in normal condition.

Article 86 The construction of a shooting range

or other facilities that will possibly affect flight safety is

prohibited within the area extending 30 kilometers

from the edges of an air route, unless it is a shooting

range for flat trajectory light weapon.

The construction of a fixed or temporary air shooting

ground beyond the area prescribed in the preceding

paragraph shall be subject to approval according to relevant

State regulations; the shooting direction of an air

shooting range shall not intersect an air route.

Article 87 Any activity that will possibly affect

flight safety may be carried out only after being approved

according to law with necessary measures being

taken to ensure flight safety.

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Article 88 The competent civil aviation authority

under the State Council shall exercise control over

civil aviation radio stations and the special frequencies

assigned to be used by civil aviation system according

to law.

No radio station or other instrument and device

used by a unit or an individual shall hinder the normal

use of civil aviation special radio frequencies. Where

harmful interference has been caused to civil aviation

special radio frequencies, the unit or individual concerned

shall rapidly remove such interference; the use of

such radio station or other instrument and device shall

be stopped before the removal of the interference.

Article 89 The post and telecommunication enterprise

shall give priority in service to civil aviation

telecommunication transmission.

The State meteorological organ shall provide necessary

meteorological data to civil aviation meteorologicalorgan.

Section 4 Essential Documentsfor Flight

Article 90 A civil aircraft engaged in flight operation

shall carry the following documents:

(1) Civil aircraft certificate of nationality registration;

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(2) Civil aircraft certificate of airworthiness;

(3) Appropriate licences for crew members;

(4) Civil aircraft journey log book;

(5) If the civil aircraft is equipped with radio apparatus,

its radio station licence;

(6) If the civil aircraft carries passengers, a list of

their names and places of embarkation and destination;

(7) If the civil aircraft carries cargo, a manifest and

detailed declarations of the cargo; and

(8) Other documents that should be carried according

to the flight mission.

Where a civil aircraft fails to carry the documents

as listed in the preceding paragraph according to regulations,

the competent civil aviation authority under the

State Councilor the regional civil aviation administrative

organ authorized by it may prohibit such civil aircraft

to take off.

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Chapter VIII

Public Air Transport Enterprise

Article 91 "Public air transport enterprise"

means a corporate enterprise engaged in the transport

of passengers, baggage, mail or cargo with civil aircraft

for the purpose of making profit.

Article 92 In establishing a public air transport

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enterprise, application shall be filed with the competent

civil aviation authority under the State Council for operating

licence, and registration with the administrative

department for industry and commerce shall be performed

according to law; where a public air transport

enterprise fails to obtain operating licence, no registration

shall be performed for such enterprise by the administrative

department for industry and commerce.

Article 93 The establishment of a public air

transport enterprise shall satisfy the following conditions:

(1) It has the civil aircraft conforming to the requirements

of ensuring flight safety as stipulated by the

State;

(2) It has the necessary airmen who have been issued

licences according to law;

(3) It has the registered capital not less than the

minimum limit prescribed by the State Council; and

(4) Other conditions prescribed by laws and administrative

rules and regulations.

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Article 94 The provisions of the Company Law

shall be applicable to the form of organization and

institutional framework of public air transport enterpnses.

Where the form of organization and institutional

framework of the public air transport enterprises established

before the implementation of this Law do not

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completely conform to the provisions of the Company

Law, original provisions can continue to be followed,

and the date of the application of the provisions in the

preceding paragraph shall be specified by the State

Council.

Article 95 A public air transport enterprise

shall take the assurance of flight safety, the regularity of

flight and the provision of good service as guiding principles,

and take effective measures to improve transport

service quality.

A public air transport enterprise shall educate and

require its staff and workers to strictly perform their

duties, and conscientiously accomplish the services of

transporting passengers and cargo with refined manners

and thoughtfulness.

In the event of delay in passenger transport flight,

relevant information shall be announced in time in the

airport.

Article 96 A public air transport enterprise

shall apply to the competent civil aviation authority

under the State Council for approval with respect to the

air route to be operated for scheduled air services, and

the suspension or termination of the operation of air

route.

A public air transport enterprise operating scheduled

air services shall have its timetable published.

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Article 97 The chargeable business items of a

public air transport enterprise shall be determined by

the competent civil aviation authority under the State

Council.

The measures for the control of tariff of domestic

air transport shall be formulated jointly by the competent

civil aviation authority under the State Council and

the competent authority of prices under the State

Council, and shall be implemented after being approved

by the State Council.

The tariff of international air transport shall be

implemented in accordance with the provisions of the

agreements signed between the Government of the

People's Republic of China and foreign governments; in

the absence of any agreement, the tariff shall be formulated

with reference to the market prices of international

air transport, and shall be implemented after being

approved by the competent civil aviation authority under

the State Council.