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. Part 7 - Instruments and Equipment Implementing Standard Part 8 - Operations Implementing Standard Part 9 - Air Operator Certification and Administration Implementing Standard Part 10 - Foreign Air Operator Part 11 - Aerial Work Implementing Standard CIVIL AVIATION SAFETY ACT [STATE] VERSION 2.8 NOVEMBER 2014 AMENDMENTS Location Date Description §102 (b)(12) 11/01/04 Definition replaced. §201 11/01/04 Two options for §201 – one for Parliamentary systems and one for Republics – both included in model. §205 11/01/04 Section added for a Parliamentary system. §306 11/01/04 New section §405 11/01/04 Section replaced §418 11/01/04 Wording added to denote paragraph applies to a Republic system. §419 11/01/04 New section to allow for regional cooperation. Two options for §419 – one for Parliamentary systems and one for Republics – both included in model. §701(c) 11/01/04 Second sentence added. §605 11/01/04 “Schools” changed to “Approved Training Organisations” per ICAO Annex 1 amendment. §201 8/06/06 §201 split into §201 Parliamentary System and §202 Republic System for formatting purposes only and instructional notes adjusted accordingly. Remaining sections in Subchapter II renumbered. §501(c) 9/1/06 Those eligible to register an aircraft clarified. MODEL CIVIL AVIATION SAFETY ACT The Model Aviation Safety Act (Act) provides a legal basis for the establishment of a Civil Aviation Authority, or CAA in [STATE], referred to in the Model Statute and the Model Regulations as the “Authority.” The Act establishes the Authority under the Director of Civil Aviation, and defines both the duties and the authority granted the Director under the law of [STATE]. Subchapters I through IV address the organization, administration, general powers, and duties of the Authority. Subchapter V requires the registration of aircraft in [STATE] and makes the maintenance of a system of recordation of such registration a matter of law. Subchapter VI sets forth the statutory bases for safety regulation by the Authority, including the certification of aviation personnel and entities, the duties required of aviation operators and airmen, the power of inspection granted the Authority and prohibitions applicable to all citizens of [STATE] respecting aviation. Subchapter VII sets forth the civil and criminal penalties that may be imposed by the Authority for violations of the law or the regulations, and Subchapter VIII establishes the procedure that is to be followed by the Authority in enforcement action. Statutory authority for the economic regulation of air operators is also necessary, but due to the variation in national systems, no such language is provided in this Model Civil Aviation Safety Act. It is recognized that most Signatories to the Chicago Convention may already have a civil aviation law. The purpose of the Model Civil Aviation Safety Act is to provide the basis for review and modification of existing law, where such review and modification is deemed necessary by [STATE]. CONTENTS CIVIL AVIATION SAFETY ACT 1 SUBCHAPTER I — GENERAL PROVISIONS 1 § 101. Short Title 1 § 102. Definitions 1 SUBCHAPTER II — ORGANIZATION OF AUTHORITY 5 § 201. Creation of Authority: Parliamentary System 5 § 202. Creation of Authority: Republic 5 § 203. Statement of Authority Policy 6 § 204. Qualifications of Director 6 § 205. Officers and Employees 6 § 206. Board of Directors – Parliamentary System 6 SUBCHAPTER III — ADMINISTRATION OF THE AUTHORITY 7 § 301. Co-operation with Other Agencies 7 § 302. Acquisition of Property 7 § 303. Authorisation to Contract 7 § 304. Exchange of Information 7 § 305. Delegation of Functions 7 § 306. Authorisation to Impose Fees for Services 7 SUBCHAPTER IV — GENERAL POWERS AND DUTIES 9 § 401. General 9 § 402. Orders 9 § 403. Applicability of Administrative Procedure Act 9 § 404. Public Compliance 9 § 405. Exemptions 10 § 406. Development of Civil Aviation 10 § 407. Airspace Control and Facilities 10 § 408. Air Navigation Facilities 10 § 409. Regulation of Air Traffic 10 § 410. Commercial Air Transport Security 11 § 411. Training Schools 11 § 412. Accident Investigation 11 § 413. Flight Standards Inspectorate 12 § 414. Validation 12 § 415. Right of Access for Inspection 13 § 416. Authority to Prevent Flight 13 § 417. Authority Respecting the Transportation of Dangerous Goods by Air 13 § 418. International Obligations – Republic 13 § 419. Authority to Enter into Regional Cooperative Aviation Safety Agreements — Parliamentary System 14 SUBCHAPTER V — NATIONALITY AND OWNERSHIP OF AIRCRAFT 15 § 501. Aircraft Registration 15 § 502. Recordation of Interests in Aircraft 15 SUBCHAPTER VI — SAFETY REGULATION OF CIVIL AVIATION 17 § 601. General Safety Powers and Duties 17 § 602. Airman Licences or Certificates 17 § 603. Airworthiness Certificates 17 § 604. Air Operator Certificate (AOC) 18 § 605. Approved Training Organizations and Approved Maintenance Organisations 18 § 606. Form of Applications 18 § 607. Air Navigation Facility Safety Standards 19 § 608. Duty of Operators and Airmen 19 § 609. Authority to Inspect 20 § 610. Amendment, Modification, Suspension, and Revocation of Certificates 20 § 611. Prohibitions 21 SUBCHAPTER VII — PENALTIES 23 § 701. Civil Penalties 23 § 702. Criminal Penalties 23 SUBCHAPTER VIII — PROCEDURE 27 § 801. Conduct of Proceedings 27 § 802. Complaints to and Investigations by the Director 27 § 803. Evidence 27 § 804. Designation of Agent for Service 28 § 805. Venue 29 § 806. Judicial Review of Orders 29 § 807. Judicial Enforcement 29 § 808. Procedure for Civil Penalties 30 EXPLANATORY NOTE CONCERNING AIR OPERATOR ECONOMIC REGULATION 30 SUBCHAPTER IX — AIR OPERATOR ECONOMIC REGULATION 31 § 901. Certificate of Public Convenience and Necessity 31 § 902. Permits to Foreign Air Operators 32 CIVIL AVIATION SAFETY ACT An Act to create an independent Civil Aviation Authority, to provide for the regulation and promotion of civil aviation in [STATE], to foster its safe development, and for other purposes incidental thereto. SUBCHAPTER I — GENERAL PROVISIONS § 101. SHORT TITLE This Act may be cited as the "Civil Aviation Safety Act of [YEAR ENACTED]." § 102. DEFINITIONS (a) [STATE]. The term [STATE] in this Act means the land and water territory of the [STATE] to the outer limits of the territorial sea and includes the airspace above such territory. (b) The following definitions apply to these words where they are used in this Act. (1) Aerial work. An aircraft operation in which an aircraft is used for specialised services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue, aerial advertisement, etc. (2) Aerodrome. An airport, a defined area on land or water (including any buildings, installations and equipment) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft. (3) Aircraft. Any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface. The term “aircraft,” when used in this Act or in regulations issued under this Act, shall refer to civil aircraft only, and will not include state or public aircraft. (4) Aircraft engine. Any engine used, or intended to be used, for propulsion of aircraft and includes all parts, appurtenances, and accessories thereof other than propellers. (5) Aircraft piracy. Any actual or attempted seizure or exercise of control, by force or violence, or by any other form of intimidation, with wrongful intent, of an aircraft within the jurisdiction of [STATE]. (6) Airman. This term refers to— (i) Any individual who engages, as the person in command or as pilot, mechanic, or member of the crew, or who navigates an aircraft while the aircraft is underway; (ii) Any individual in charge of the inspection, maintenance, overhauling, or repair of aircraft, and any individual in charge of the inspection, maintenance, overhauling, or repair of aircraft, aircraft engines, propellers, or appliances; or (iii) Any individual who serves in the capacity of flight operations officer; (7) Air navigation facility. Any facility used in, available for use in, or designed for use in aid of air navigation, including airports, landing areas, lights, any apparatus or equipment for disseminating weather information, for signaling, for radio directional finding, or for radio or other electromagnetic communication, and any other structure or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and take-off of aircraft. (8) Air operator. Any organisation which undertakes to engage in domestic commercial air transport or international commercial air transport, whether directly or indirectly or by a lease or any other arrangement. |
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