时间：2015-01-01 10:26来源：蓝天飞行翻译公司 作者：民航翻译 点击：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. (b) have final authority to control the aircraft while in command and for the maintenance of discipline by all persons on board; and (c) subject to section 13A, be responsible for compliance with all relevant requirements of this Act and regulations and rules made under this Act. Section 13: substituted, on 13 August 1996, by section 7 of the Civil Aviation Amendment Act 1996 (1996 No 91). 13A Duties of pilot-in-command and operator during emergencies (1) Subject to subsections (2) and (6), in an emergency that arises in flight, the pilot-in-command may breach the provisions of this Act or of regulations or rules made under this Act. (2) For the purposes of subsection (1), a breach of any prescribed requirement is permitted only if the pilot-in-command is satisfied that— (a) the emergency involves a danger to life or property; and (b) the extent of the breach of the prescribed requirement goes only as far as is necessary to deal with the emergency; and (c) there is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and (d) the degree of danger involved in complying with the prescribed requirement is clearly greater than the degree of danger involved in deviating from it. (3) Subject to subsections (4) to (6), where an emergency (not being an emergency that arises in flight) necessitates the urgent transportation of persons or medical or other supplies for the protection of life or property, the pilot-in-command of the aircraft or the operator of the aircraft may breach the provisions of this Act or of regulations or rules made under this Act. (4) For the purposes of subsection (3), a breach of any prescribed requirement is permitted only if— (a) the emergency involves a danger to life or property; and (b) the extent of the breach of the prescribed requirement goes only as far as is necessary to deal with the emergency; and (c) there is no other reasonable means of alleviating, avoiding, or assisting with the emergency; and (d) the degree of danger involved in deviating from the prescribed requirement is clearly less than the degree of risk in failing to attend to the emergency. (5) Nothing in subsection (3) permits— (a) the operation of an aircraft that is not registered in New Zealand or elsewhere; or (b) the breach of any prescribed requirement as to the airworthiness of an aircraft; or (c) the operation of an aircraft by a person who is not lawfully entitled to operate that aircraft. (6) Where, in any emergency described in this section, a pilot-in-command or an operator breaches this Act or regulations or rules made under this Act in accordance with the provisions of this section, the pilot-in-command or the operator, as the case may be, shall— (a) immediately notify the relevant air traffic control service of the action; and (b) as soon as practicable, notify the Director of the action and the circumstances that necessitated it, and, if requested by the Director, provide to the Director a written report in respect of the action. Section 13A: inserted, on 13 August 1996, by section 7 of the Civil Aviation Amendment Act 1996 (1996 No 91). 14 Objectives of Minister The objectives of the Minister under this Act are— (a) to undertake the Minister’s functions in a way that contributes to the aim of achieving an integrated, safe, responsive, and sustainable transport system; and (b) to ensure that New Zealand’s obligations under international civil aviation agreements are implemented. Section 14: substituted, on 1 December 2004, by section 4 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95). 14A Functions of Minister The functions of the Minister under this Act are— (a) to promote safety in civil aviation: (b) to administer New Zealand’s participation in the Convention and any other international aviation convention, agreement, or understanding to which the Government of New Zealand is a party: (c) to administer the Crown’s interest in the aerodromes referred to in Part 10: (d) to make rules under this Act. Section 14A: inserted, on 1 December 2004, by section 4 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95). 14B Search and rescue operations (1) The Minister— (a) must establish, maintain, and operate a search and rescue co-ordination centre to co-ordinate and conduct— (i) an aviation search and rescue operation; and (ii) a maritime search and rescue operation; and (iii) any other search and rescue operation that the Minister considers appropriate; and (b) may exercise any powers that may be necessary or desirable— (i) for the effective co-ordination and performance of a search and rescue operation specified in paragraph (a); and (ii) to implement any international convention or agreement relating to search and rescue to which New Zealand is a party; and (c) may appoint persons to, either generally or in any particular case, participate in or co-ordinate a search and rescue operation specified in paragraph (a). (2) The Minister may authorise the payment, out of money appropriated for the purpose by Parliament, of an amount that the Minister considers appropriate to— (a) any person who assisted in a search and rescue operation specified in subsection (1 )(a) at the request of a person appointed under subsection (1)(c); or (b) the owner of any vehicle, ship, or aircraft used in a search and rescue operation specified in subsection (1)(a) in response to a request by a person appointed under subsection (1)(c). Section 14B: inserted, on 1 December 2004, by section 4 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95). 14C Minister may direct agencies with respect to search and rescue operations The Minister may direct the Civil Aviation Authority or Maritime New Zealand, or any other Crown entity or government agency for which the Minister is responsible and whose functions are consistent with search and rescue operations, to do any or all of the following: (a) operate and maintain the search and rescue co-ordination centre established under section 14B(1)(a): (b) co-ordinate, or participate in the co-ordination of, any search and rescue operation specified in section 14B(1)(a): (c) perform, or participate in the performance of, any search and rescue operation specified in section 14B(1)(a): (d) exercise any or all of the powers of the Minister under section 14B(1)(b) and (c) and section 14B(2). Section 14C: inserted, on 1 December 2004, by section 4 of the Civil Aviation Amendment Act (No 2) 2004 (2004 No 95). Section 14C: amended, on 1 July 2005, by section 11(3) of the Maritime Transport Amendment Act 2004 (2004 No 98). 15 Director may require or carry out safety and security inspections and monitoring (1) The Director may in writing require any person who— (a) holds an aviation document or an Australian AOC with ANZA privileges; or (b) operates, maintains, or services, or does any other act in respect of any aircraft, aeronautical product, aviation related service, air traffic service, or aeronautical procedure; or (c) is designated as an aviation examiner or medical examiner under Part 2A,— to undergo or carry out such inspections and such monitoring as the Director considers necessary in the interests of civil aviation safety and security. (1A) In the case of an Australian AOC with ANZA privileges, the Director may only carry out inspections and monitoring at the request of CASA. (2) The Director may, in respect of any person described in paragraph (a) or paragraph (b) of subsection (1), carry out such inspections and monitoring as the Director considers necessary in the interests of civil aviation safety and security. |
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