时间：2015-01-22 15:14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. § 808. PROCEDURE FOR CIVIL PENALTIES (a) CIVIL PENALTY ACTIONS. Any civil penalty imposed or assessed under this Act may be collected by proceedings against the person subject to the penalty and, in the case of an aircraft subject to a lien for the penalty, by proceedings against the aircraft. (b) SEIZURE OF AIRCRAFT. Any aircraft subject to a lien for a civil penalty may be seized by and placed in the custody of the Director. A report of the seizure and the basis therefore shall be promptly transmitted to the Attorney General. The Attorney General shall promptly institute judicial proceedings for the enforcement of a lien against an aircraft seized by the Director, or notify the Director of his failure to so act. The aircraft shall be released from custody of the Director upon— (1) Payment of the penalty or the amount agreed upon in compromise; (2) Seizure in pursuance of judicial proceedings for enforcement of the lien; (3) Notice by the Attorney General of failure to institute such proceedings; or (4) Deposit of a bond in such amount as the Director may prescribe, conditioned upon payment of the penalty or the amount agreed upon in compromise. EXPLANATORY NOTE CONCERNING AIR OPERATOR ECONOMIC REGULATION The economic regulation of air operators is normally entrusted to a governmental authority different from the Civil Aviation Authority. The economic regulation of civil aviation can be in conflict with the attainment of civil aviation safety within the territory of a country, in that economic considerations might tempt the regulatory authority to accept a lesser level of safety in air operations than that required by the Act. Combining economic regulation and safety regulation and enforcement within the same governmental organisation presents the potential for continuing tension between economic opportunity and civil aviation safety. Therefore, although the economic regulations are presented as Subchapter IX in the [STATE] Civil Aviation Law, the separation of the economic regulatory function from the civil aviation safety regulatory function into two distinct governmental entities is recommended. Please note that the economic regulations presented below address authorities and responsibilities exercised by a Minister empowered to regulate the economic aspects of civil aviation by issuing certificates of public convenience and necessity to [STATE] air operators for commercial air transport, and to issue permits to foreign air operators to conduct commercial air transport within [STATE]. SUBCHAPTER IX — AIR OPERATOR ECONOMIC REGULATION § 901. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (c) CERTIFICATE REQUIRED. No air operator shall engage in any commercial air transport unless there is in force a certificate issued by the Minister empowered to authorise the air operator to engage in such transportation. (d) APPLICATION FOR CERTIFICATE. Application for a certificate shall be made in writing to the Minister and shall be in such form and contain such information as the Minister shall by regulation require. (e) TERMS AND CONDITIONS OF CERTIFICATE. (1) Each certificate issued under this section shall specify the terminal points and intermediate points, if any, between which the air operator is authorised to engage in commercial air transport and the service to be rendered. There shall be attached to the statement of the privileges granted by the certificate, or any amendment thereto, such reasonable terms, conditions, and limitations as the public interest may require. (2) A certificate issued under this section to engage in international commercial air transport on a scheduled or charter basis shall designate the terminal and intermediate points only insofar as the Minister shall deem practicable, and otherwise shall designate only the general route or routes to be followed. (f) AUTHORITY TO MODIFY, SUSPEND, OR REVOKE. (1) The Minister may alter, amend, modify, or suspend any such certificate, in whole or in part, for failure to comply with any provision of this title or any order, rule, or regulation issued hereunder or any term, condition, or limitation of such certificate. (2) Any interested person may file with the Minister a protest or memorandum in support of or in opposition to the alteration, amendment, modification, suspension, or revocation of a certificate issued pursuant to paragraph (a) of this subsection. (g) TRANSFER OF CERTIFICATE. No certificate may be transferred unless such transfer is approved by the Minister as being consistent with the public interest. (h) LIABILITY INSURANCE. The Minister may issue a certificate to the applicant for such certificate only if the applicant complies with regulations and orders of the Minister governing the filing of an insurance policy or self-insurance plan approved by the Minister. The policy or plan must be sufficient to pay, not more than the amount of the insurance, for bodily injury to, or death of, an individual or for loss of, or damage to, property of others, resulting from the operation or maintenance of the aircraft under the certificate. A certificate does not remain in effect unless the air operator complies with this subsection. (i) CONTINUING REQUIREMENT. The requirement that each applicant for a certificate or any other authority under this title must be found to be fit, willing, and able to perform properly the transportation covered by its application and to conform to the provisions of this Act and the rules, regulations, and requirements of the Minister under this Act, shall be a continuing requirement applicable to each such air operator with respect to the transportation authorised by the Minister. The Minister may by order modify, suspend, or revoke such certificate or other authority, in whole or in part, for failure of such air operator to comply with the continuing requirement that the air operator be so fit, willing, and able. § 902. PERMITS TO FOREIGN AIR OPERATORS (a) PERMIT REQUIRED. No foreign air operator shall engage in commercial air transport within [STATE] unless there is in force a permit issued by the Minister empowered to authorise a foreign carrier to engage in such transportation. (b) ISSUANCE OF PERMIT. The Minister is empowered to issue such a permit if the Minister finds: (1) That the applicant is fit, willing, and able properly to perform international commercial air transport and to conform to the provisions of this Act and the rules, regulations, and requirements of the Director made pursuant to the Act; and (2) Either that the applicant is qualified, and has been designated by its government, to perform international commercial air transport under the terms of an agreement with [STATE], or that such transportation will be in the public interest. (c) APPLICATION FOR PERMIT. Application for a permit shall be made in writing to the Minister and shall be in such form and contain such information as the Minister shall require. (d) AUTHORITY TO MODIFY, SUSPEND, OR REVOKE. (1) The Minister may alter, amend, modify, or suspend any such permit, in whole or in part, for failure to comply with any provision of this title or any order, rule, or regulation issued hereunder or any term, condition, or limitation of such permit. (2) Any interested person may file with the Minister a protest or memorandum in support of or in opposition to the alteration, amendment, modification, suspension, or revocation of a permit pursuant to paragraph (d)(1) of this subsection. (e) LIABILITY INSURANCE. The Minister may issue a permit to the applicant for such permit only if the applicant complies with regulations and orders of the Minister governing the filing of an insurance policy or self-insurance plan approved by the Minister. The policy or plan must be sufficient to pay, not more than the amount of the insurance, for bodily injury to, or death of, an individual or for loss of, or damage to, property of others, resulting from the operation or maintenance of the aircraft under the certificate. A permit does not remain in effect unless the foreign air operator complies with this subsection. MODEL CIVIL AVIATION REGULATIONS [STATE] PART 1 — GENERAL POLICIES, PROCEDURES, AND DEFINITIONS VERSION 2.8 NOVEMBER 2014 AMENDMENTS Location Date Description Table of Amendments 11/2013 Corrects typographical errors (EDTO) in 1.5 entry 1.1.1.2(b) 11/1/2004 “Licence” added. 1.1.1.3(b) 11/1/2004 Subsection deleted. 1.1.1.3(e) 11/1/2004 “Subsection” replaced with “regulation.” 1.1.1.4 11/1/2004 Section “Definitions” moved to 1.4. Definitions from all Parts included in Section 1.4 for ease of reference. 1.2.1.15 11/1/2004 “Drug and Alcohol” replaced with “Psychoactive Substance” to agree with ICAO terminology. 1.2.1.15(a) 11/1/2004 Subsections (1) and (2) replaced with “be tested for usage of psychoactive substances.” 1.2.1.15(b) 11/1/2004 Old subsection (b) is now subsection (d). New subsection (b) added. 1.2.1.15(c) 11/1/2004 Subsection text replaced in total 1.3 11/2013 Corrects typographical error in reference to FAA Order 2150.3B 1.3 11/1/2004 Section text replaced in total 1.3 8/6/2006 Entire section of Exemptions moved to 1.4 with corresponding change in numbering 1.3 8/6/2006 New section added on Investigative and Enforcement Procedures with some new paragraphs and some existing paragraphs on administrative action, civil and criminal activities and certificate action moved from section 1.2 to this new section 1.3 1.3.1 8/6/2006 New paragraphs added on Investigative Procedures 1.3.2 8/6/2006 Moved from former paragraph 1.2.1.6 1.3.3 8/6/2006 Added new title of “Legal Enforcement Actions” |
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