关于加强民用航空安全管理的意见

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关于加强民用航空安全管理的意见 CIRCULAR OF THE STATE COUNCIL TRANSMITTING THE VIEWS OF THE CIVIL AVIATION ADMINISTRATION OF CHINA ON TIGHTENING CIVIL AVIATION SAFETY CONTROL

国发（1993）3号
（January 12， 1993）
颁布日期：19930112 　实施日期：19930112 　颁布单位：国务院、 民用航空局

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　　The State Council approves the “Views on Tightening Civil Aviation Safety Control” of the Civil Aviation Administration of China and hereby transmits the same to you for your implementation accordingly. VIEWS ON TIGHTENING CIVIL AVIATION SAFETY CONTROL

　　Since the reform and opening to the outside world， rapid development has been seen in the air transport of our country. An average annual growth rate of 20% in total turnover of transport was scored from 1980 to 1991， and in 1992 the growth rate reached 32%. As socio-economic development gives rise to excessive demand on air transport， such demand cannot be satisfied despite rapid growth of air transport. Under these circumstances， many regions and departments in the country have been requesting to purchase or lease aircraft or set up airlines/aviation companies on after another. Currently， there are 11 airlines directly affiliated to the Civil Aviation Administration of China （CAAC） and 21 airlines/aviation companies not directly affiliated to CAAC， making a total of 32 airlines/aviation companies in China engaged in air transport or general aviation. In addition， 9 airlines/aviation companies are under preparation and more than a dozen provinces and municipalities are applying for such operation. By and large， the development of civil aviation industry in our country is normal and its achievements are remarkable. However， as the increase of airlines and aircraft has been too fast， the contradiction of internal structural imbalance in the industry has been further aggravated， bringing a great deal of problems for flight safety control. During almost four months from July 31 to November 24， 1992 in particular， five fatal accidents occurred one after another in civil aviation operation， leaving 309 persons dead and 5 aircraft and helicopters scrapped. It is unprecedented in the history of civil aviation of China that so many air disasters occurred successively within such a short span with so many casualties and irretrievable loss to the country and people's life and property. In compliance with the important instruction of the leading cadres of the State Council to “take resolute measures to tighten the control of airworthiness certificates and other safety measures so as to stop the recurrence of similar accidents”， we bring forward the following views on tightening civil aviation safety control on the basis of analysing the causes of past accidents and the problems existing in safety control：

　　1. Firmly establish the idea of “safety first， prevention foremost”。 Civil aviation industry calls for very high demand on safety technique and safety control； any negligence of safety will possibly result in serious consequences and irremediable loss. It is therefore imperative to cherish high sense of responsibility towards the country and the people， correctly handle the relationship between safety and business operation， put safety at the first place at any time， any post and any link， and conscientiously do a good job in such fields as flight operation， aircraft maintenance， air traffic control， meteorology， communication， transport service， security inspection， training and airport supporting service so as to ensure safety. Beginning from 1993 an annual overall investigation and assessment will be carried out jointly by the National Safety Board and CAAC on the situation of airline flight safety and inspection may be carried out from time to time. Those airlines unable to ensure flight safety must launch a rectification or stop operation for rectification.

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　　2. CAAC shall， in the light of the socio-economic development of the country and practical possibility， conscientiously formulate its development plan and restructuring plan and lay stress on the construction of such infrastructure as air traffic control， aircraft maintenance and airport supporting services， and personnel training， especially the training off light personnel. All regions and departments shall build airports and purchase aircraft and promote the steady and coordinated development of the civil aviation industry of our country in accordance with the State's industrial policy highlighting infrastructure and the requirement of civil aviation plan.

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　　3. The applications for establishing airlines/aviation companies shall be submitted for approval strictly in accordance with prescribed conditions， procedures and standards， and no other department shall go beyond its authority to give such approval. No consideration shall be given to places and units not qualified for establishing airlines/aviation companies. Without the approval pursuant to State regulations， no unit shall perform civil air transport and general aviation operations. The administration for industry and commerce shall not register a civil aviation enterprise which operates air transport and general aviation without going through lawful formalities of approval， and CAAC shall order such enterprise to stop operation.

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　　4. Aviation manufacturing industry， aircraft maintenance industry， airports and aviation schools should not establish air transport enterprises individually or in partnership. Those already established should close down within six months； for those established by the aforementioned units jointly with other units， the former shall have its assets withdrawn or transferred. The transfer of assets concerned shall be handled through consultation between such units and the civil aviation department.

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　　5. Major efforts should be devoted to stepping up maintenance work. In the light of their different situations， aircraft maintenance enterprises should be investigated one by one and their problems be duly solved， and competent cadres be selected to reinforce their leadership. Determination should be made to remove hidden troubles to flight safety caused by lagging maintenance work.

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　　6. Aircraft and helicopters not possessing airworthiness certificates and pilots not possessing pilot licenses， both issued by CAAC， should not be engaged in civil aviation flight operation； civil aviation enterprises approved by CAAC should not operate beyond the scope of business prescribed. The purchase and leasing of civil aircraft and helicopters must go through prescribed procedures of examination and approval. All regions and departments should not import， for the purpose of operating air transport， civil aircraft and helicopters which have not been type-certificated or airworthiness-certificated by CAAC. All agreements concluded in violation of the regulations shall be ineffective. The airworthiness department of CAAC shall carry out airworthiness check and assessment of ageing aircraft type by type and aircraft by aircraft. Those not airworthy shall all be grounded and retired from service.

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　　7. In employing flight and ground personnel， all airlines aviation companies should go through organizational contact and prescribed formalities. For those employed without going through organizational formalities， CAAC shall withdraw their pilot licenses and maintenance licenses.

　　8. The personnel of such units as airlines/aviation companies， airports and air traffic control should base themselves upon civil aviation industry， do their own jobs well with high sense of responsibility and not be engaged in second professions.

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　　9. All civil aviation departments should intensify safety control and supervision，set up concentrated， unified safety control and supervision systems， and carry out inspection and supervision over airlines/aviation companies and flight supporting departments through a variety of effective forms. Civil aviation enterprises should strictly observe the civil aviation laws and regulations promulgated by the State Council， comply with the regulations， standards and directives issued by CAAC， conscientiously submit to the safety control of CAAC， accept its supervision and inspection， and regularly report to CAAC and regional administrations its compliance with rules and regulations in ensuring flight safety.

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　　10. The reform of air traffic control system should be sped up. In the near future stress should be laid on the reform of the delineation of tense airspace， establishment of air routes and flight level allocation so as to increase air traffic flow and ensure flight safety.

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　　11. Civil aviation operations by military aircraft shall remain to be performed in accordance with the “Inter im Provisions on the Control of Military Aircraft Engaged in Non-scheduled Civil Air Transport” （Guo Han [1992] No. 14），approved by the State Council and the Central Military Commission， and the “Regulations of the State Council and the Central Military Commission Re promulgated on the Use of Aircraft to Perform Various Specialized Tasks （Guo Fa [1984]No. 178）。 The military aircraft， helicopters and flight crews engaged in civil air transport shall be examined and certificated by the Air Force. With respect to the operation of civil aviation missions by the military， the Air Force shall lay down effective measures， formulate the method of control， strictly guarantee its fulfilment， be strict in examination and certification， and strengthen the control over military aircraft and helicopters performing civil aviation operations. Those unauthorized and not up to the standard of airworthiness shall not be permitted to fly.

　　12. The formulation of “Air Law” and auxiliary laws and regulations should be stepped up. The civil aviation activities in the whole country should be standardized by means of law， so that the civil aviation industry of China shall develop soundly along the track of legal system.

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　　13. In case of major accident or serious damage caused by the violation of rules and regulations by a unit or an individual， responsibility shall be investigated and the case solemnly dealt with