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. 1.2.1.7 PROHIBITION ON PERFORMANCE DURING MEDICAL DEFICIENCY (a) A person who holds a current medical certificate issued under these regulations shall not act in a capacity for which that medical certificate is required while that person: (1) Knows or has reason to know of any medical condition that would make the person unable to meet the requirements for the required medical certificate; or (2) Is taking medication or receiving other treatment for a medical condition that results in the person being unable to meet the requirements for the required medical certificate. 1.2.1.8 PSYCHOACTIVE SUBSTANCE TESTING AND REPORTING (a) Any person who performs any function requiring a licence, rating, qualification, or authorisation prescribed by these regulations directly or by contract for a certificate holder under the provisions of these regulations may be tested for usage of psychoactive substances. (b) Chemicals considered psychoactive substances are listed in IS 1.2.1.8. (c) Any person subject to these regulations who refuses to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorise the release of the test results requested by the Authority may— (1) Be denied any licence, certificate, rating, qualification, or authorisation issued under these regulations for a period of up to 1 year after the date of that refusal; or (2) Have his or her licence, certificate, rating, qualification, or authorisation issued under these regulations suspended or revoked. (d) Any person subject to these regulations who refuses to submit to a test to indicate the presence of narcotic drugs, marijuana, or depressant or stimulant drugs or substances in the body, when requested by a law enforcement officer or the Authority, or refuses to furnish or to authorise the release of the test results requested by the Authority may— (1) Be denied any licence, certificate, rating, qualification, or authorisation issued under these regulations for a period of up to 1 year after the date of that refusal; or (2) Have his or her licence, certificate, rating, qualification, or authorisation issued under these regulations suspended or revoked. (e) Any person subject to these regulations who is convicted for the violation of any local or national statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances, may— (1) Be denied any licence, certificate, rating, qualification, or authorisation issued under these regulations for a period of up to 1 year after the date of final conviction; or (2) Have his or her licence, certificate, rating, qualification, or authorisation issued under these regulations suspended or revoked. ICAO Annex 1:1.2.7.1, 1.2.7.2, 1.2.7.3, ICAO Annex 2:2.5, ICAO Annex 6, Part I 3.5; 4.2.1.1 ICAO Annex 6, Part III, Section II: 2.2.1.1 ICAO Doc 9654 1.3 INVESTIGATIVE AND ENFORCEMENT PROCEDURES 1.3.1 INVESTIGATIVE PROCEDURES 1.3.1.1 REPORTS OF VIOLATIONS (a) Any person who knows of a violation of the [Civil Aviation Law] or these regulations or orders thereunder should report it to the Authority. (b) Each report made under this section together with any other information the Authority may have that is relevant to the matter reported will be reviewed by the Authority to determine the nature and type of any additional investigation or enforcement action the Authority will take. 14 CFR: 13.1 1.3.1.2 INVESTIGATIONS—GENERAL (a) Under the [Civil Aviation Law], the Director General of Civil Aviation may conduct investigations, hold hearings, issue subpoenas, require the production of relevant document, records, and property, and take evidence and depositions. 14 CFR: 13.3(a) 1.3.1.3 FORMAL COMPLAINTS (a) Complaints submitted to the Authority under section 1.3.1.1(a) shall be in a form and manner prescribed by the Authority. 14 CFR:13.5 1.3.2 ADMINISTRATIVE ACTION (a) If it is determined that a violation or an alleged violation of the Civil Aviation Act, or an order or regulation issued under it, is appropriate for administrative action, the Authority may take administrative action by one of the following: (1) A “Warning Notice” that shall recite available facts and information about the incident or condition and indicate that it may have been a violation; or (2) A “Letter of Correction” which confirms the Authority’s decision in the matter and states the necessary corrective action the alleged violator has taken or agreed to take. If the agreed corrective action is not fully completed, formal certificate action may be taken in accordance with 1.3.3.3. (b) An administrative action under this section does not constitute a formal adjudication of the matter. 14 CFR: 13.11 1.3.3 LEGAL ENFORCEMENT ACTIONS Note: IS 1.3.3 contains a sample of a sanction guidance table which can be modified to conform to the penalty provisions in the Civil Aviation Act and to reflect the Authority’s enforcement policy. 1.3.3.1 CIVIL PENALTIES (a) Any person, other than a person conducting an operation in commercial air transport or international commercial air transport, who violates any provision of the Civil Aviation Act, these Aviation Safety Regulations, or any order issued thereunder, is subject to a civil penalty imposed by the Authority in accordance with Section 701(a) of the Civil Aviation Act. (b) Any person conducting an operation in commercial air transport or international commercial air transport, who violates any provision of the Civil Aviation Act, these Aviation Safety Regulations, or any order issued thereunder, is subject to a civil penalty imposed by the Authority in accordance with Section 701(b) of the Civil Aviation Act. (c) Civil penalties may be assessed instead of or in addition to any licence or certificate action described in 1.3.3.3 (d) Guidelines for civil penalties and certificate actions are listed in IS 1.3.3. 14 CFR: 13.15; 13.16 1.3.3.2 CRIMINAL PENALTIES (a) Section 702 of the Civil Aviation Act establishes criminal penalties for any person who knowingly and willfully violates specified provisions of that Act, or any regulation or order issued thereunder. (b) If the Authority becomes aware of a possible violation of any criminal provision of the [Civil Aviation Act] that is under the jurisdiction of another [STATE] government agency, the Authority shall immediately report it to the appropriate [STATE] government agency in a manner prescribed by both government agencies. (c) Guidelines for criminal penalties and certificate actions are listed in IS 1.3.3. 14 CFR:13.23 1.3.3.3 CERTIFICATE ACTION (a) Suspension or revocation of a licence or certificate for violation of the regulations (1) The holder of any licence or certificate issued under these regulations who violates any provision of the Civil Aviation Act, as amended, or any regulation or order issued there under, is subject to suspension or revocation of the licence or certificate, in accordance with the provisions of Section 610 of the Civil Aviation Act. (2) Any licence or certificate issued under these regulations ceases to be effective, if it is surrendered, suspended, or revoked. (3) The holder of any licence or certificate issued under these regulations that has been suspended or revoked shall return that licence to the Authority when requested to do so by the Authority. (b) Re-examination or re-inspection of a certificate or licence for lack of qualification (1) Under Section 610 of the Civil Aviation Act, the Authority may re-inspect any civil aircraft, aircraft engine, propeller, appliance, air operator, school, or approved maintenance organisation, or any civil airman holding a certificate or licence issued under Section 602 of the Act. (2) If, as a result of that re-inspection or re-examination, or any other investigation made by the Authority, the Authority determines that a lack of qualification exists, and that safety in air transport and the public interest requires it, the Authority may issue an order to amend, modify, suspend, or revoke the licence or certificate in whole or in part. (3) Procedures for the re-examination of personnel licences, ratings, authorisations, or certificates are set forth in Part 2 of these Regulations. (c) Notice and opportunity to be heard. Unless safety in air transport requires immediate action, prior to a final determination under this section 1.3.3, the Authority shall provide the person with an opportunity to be heard as to why such certificate or licence should not be amended, modified, suspended, or revoked, in accordance with Part 610 of the Civil Aviation Act. (d) Reapplication after revocation. Unless otherwise authorised by the Authority, a person whose licence, certificate, rating, or authorisation has been revoked may not apply for any licence, certificate, rating, or authorisation for 1 year after the date of revocation. (e) Reapplication after suspension. Unless otherwise authorised by the Authority, a person whose licence has been suspended may not apply for any licence, rating, or authorisation during the period of suspension. 14 CFR: 13.19 1.3.3.4 SEIZURE OF AIRCRAFT (a) As provided by the [Civil Aviation Act], an aircraft that is involved in a violation for which a civil penalty has been imposed or may be imposed on its owner or operator may be subject to seizure by the Authority in accordance with enforcement procedures set forth by the Authority. Note: The seizure of aircraft is typically done only in instances where the violation is particularly egregious, e.g., use of the aircraft in a continuing violation. |
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