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. (9) Air Operator Certificate (AOC). A certificate authorising an operator to carry out specified commercial air transport operations. (10) Annexes to the Chicago Convention. The documents issued by the International Civil Aviation Organisation (ICAO) containing the Standards and Recommended Practices applicable to civil aviation. (11) Appliances. Instruments, equipment, apparatus, parts, appurtenances, or accessories, of whatever description, which are used, or are capable of being or intended to be used, in the navigation, operation, or control of aircraft in flight (including parachutes and including communication equipment and any other mechanism or mechanisms installed in or attached to aircraft during flight), and which are not part or parts of aircraft, aircraft engines, or propellers. (12) Chicago Convention. (“Convention”) The Convention on International Civil Aviation concluded in Chicago, U.S.A. in 1944, in effect, 1947. The Articles of the Chicago Convention govern the actions of the contracting States in matters of international civil aviation safety directly and through the Annexes to the Convention, which set forth ICAO Standards and Recommended Practices. (13) Commercial air transport operation. An aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire. (14) Citizen of [STATE]. This term refers to one of the following: (i) An individual who is a citizen of [STATE]; (ii) A partnership of which each member is a citizen of [STATE]; or (iii) A corporation or association created or organised and authorised under the laws of [STATE]. (15) Civil aircraft. Any aircraft other than a state or public aircraft. (16) Civil aviation. The operation of any civil aircraft for the purpose of general aviation operations, aerial work or commercial air transport operations. (17) Crew member. A person assigned to perform duties on an aircraft in flight. (18) Dangerous goods. Articles or substances which are capable of posing significant risks to health, safety or property when transported by air. (19) Director. The Director of Civil Aviation appointed under this Act. (20) Foreign air operator. Any operator, not being a [STATE] air operator, which undertakes, whether directly or indirectly or by lease or any other arrangement, to engage in commercial air transport operations within borders or airspace of [STATE], whether on a scheduled or charter basis; (21) General aviation operation. An aircraft operation of a civil aircraft for other than a commercial air transport operation or aerial work operation. (22) ICAO. Where used in this Act, this is an abbreviation for the International Civil Aviation Organisation. (23) International commercial air transport. The carriage by aircraft of persons or property for remuneration or hire or the carriage of mail between any two or more countries. (24) Minister. This term means the Minister responsible for civil aviation. (25) Navigable airspace. The airspace above the minimum altitudes of flight prescribed by regulations under this Act and includes airspace needed to insure safety in the takeoff and landing of aircraft. (26) Navigation of aircraft. A function which includes the piloting of aircraft. (27) Operator. A person, organisation or enterprise engaged in or offering to engage in an aircraft operation. Any person who causes or authorises the operation of aircraft, whether with or without the control (in the capacity of owner, lessee, or otherwise) of the aircraft, shall be deemed to be engaged in the operation of aircraft within the meaning of this Act. (28) Person. Any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative of these entities. (29) Propeller. An inclusive term for all parts, appurtenances, and accessories of a propeller. (30) Public aircraft. An aircraft used exclusively in the service of any government or of any political jurisdiction thereof, including the Government of [STATE], but not including any government owned aircraft engaged in operations which meet the definition of commercial air transport operations. (31) Spare parts. Any parts, appurtenances, and accessories of aircraft (other than aircraft engines and propellers), of aircraft engines (other than propellers), of propellers, and of appliances, maintained for installation or use in an aircraft, aircraft engine, propeller, or appliance, but which at the time are not installed therein or attached thereto. (32) Special aircraft jurisdiction of [STATE]. This includes: (i) Civil aircraft of [STATE]; and (ii) Any other aircraft within the jurisdiction of [STATE], while the aircraft is in flight, which is from the moment when all external doors are closed following embarkation until the moment when one such door is opened for disembarkation or, in case of a forced landing, until the competent authorities take over the responsibility of the aircraft and the persons and property aboard. (33) Validation. The written acceptance of an action of the civil aviation authority of another country in lieu of an action that this Act assigns to the Director. SUBCHAPTER II — ORGANIZATION OF AUTHORITY Note: A State will use one of the two paragraphs offered in § 201 below depending on its form of governmental. § 201. CREATION OF AUTHORITY: PARLIAMENTARY SYSTEM Note: A Parliamentary System generally follows the British Parliamentary model, in which most of the executive powers of government are invested in the majority leadership of the legislative body, and the Head of State may, to a greater or lesser degree, play a smaller role in the executive leadership of the country than in a republic. As a general rule, executive direction is vested in a Prime Minister and his chosen Ministers, one of whom may have civil aviation within his or her portfolio. There is usually no set time period for the term of a Prime Minister, and the government may change upon a number of actions, the most common of which are a vote of no confidence or a call for a general election. The execution of the Ministerial direction, usually through broadly-written “Regulations”, is vested in a civil service headed by a Director of Civil Aviation (DCA). To meet the independence requirement suggested in ICAO Document 9734A, the DCA usually effects control of the safety of civil aviation through “Schedules”, “Implementing Standards” or “Aviation Standards” that, where designated, carry the force and effect of the “Regulations”. The term “Minister” is not confined to parliamentary systems, and may be used in the system of a republic. The Head of State may be a monarch or an elected President. (c) MINISTERIAL DIRECTION. The Minister of [Appropriate Title] shall oversee the operations of a Civil Aviation Authority, established as set forth below. The Minister of [Appropriate Title] shall delegate the authority and responsibility attendant upon the direction of the operation of the Civil Aviation Authority to a Director of Civil Aviation. (d) ESTABLISHMENT OF AUTHORITY HEADED BY A DIRECTOR. There is hereby established the Civil Aviation Authority, referred to in this Act as the "Authority.” The Authority shall be headed by a Director of Civil Aviation, referred to in this Act as the "Director,” who shall be appointed by the [PRIME MINISTER, MINISTER OF (APPROPRIATE TITLE)], [with the advice and consent of the [LEGISLATIVE BODY/BODIES]], and shall be responsible To the Minister of [Appropriate Title] for all civil aviation in [STATE] and the administration of this Act. The Director shall be appointed for a minimum term of ___ years, and may not be removed except for cause by a resolution signed by the [PRIME MINISTER/MINISTER OF (APPROPRIATE TITLE)] (e) RESPONSIBILITY OF DIRECTOR. The Director shall be responsible for the exercise of all powers and the discharge of all duties of the Authority and shall have control over all personnel and activities of the Authority. § 202. CREATION OF AUTHORITY: REPUBLIC Note: A Republic is usually defined by the election of the Head of State for a defined period of time. The Head of State is directly responsible for carrying out the executive functions, which are usually defined in a State Document, such as a Constitution. Ordinarily, the legislature authorizes the formation of executive functions through combination of its fiscal and other authority defined in the State Document. In such systems, the Authority may be set forth by statute, and organized and administered by the executive under the statutory scheme set forth by the legislature. The Authority itself may be under the authority of a “Minister” or “Secretary” established by the legislature and executed by the executive power. (a) ESTABLISHMENT OF AUTHORITY HEADED BY A DIRECTOR. There is hereby established the Civil Aviation Authority, referred to in this Act as the "Authority.” The Authority shall be headed by a Director of Civil Aviation, referred to in this Act as the "Director,” who shall be appointed by the [LEADER/PRESIDENT OF STATE], with the advice and consent of the [LEGISLATIVE BODY/BODIES], and shall be responsible for all civil aviation in [STATE] and the administration of this Act. The Director shall be appointed for a minimum term of ___ years, and may not be removed except for cause by a resolution signed by the [LEADER/PRESIDENT OF STATE, HEAD/HEADS OF LEGISLATIVE BODY/BODIES]. |
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