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. (b) 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. § 203. STATEMENT OF AUTHORITY POLICY (a) In the exercise and performance of the powers and duties assigned under this Act, the Director shall consider the following, among other things, as being in the public interest— (b) The promotion, encouragement, and development of safety in civil aviation; and (c) The regulation of civil aviation in such manner as to best promote safety. § 204. QUALIFICATIONS OF DIRECTOR (a) The Director shall be appointed with regard to fitness for the efficient discharge of the powers and duties vested in and imposed by this Act. (b) At the time of nomination, the Director shall have significant management or similar technical experience in a field directly related to aviation. (c) The Director shall have no monetary interest in or own any stocks or bonds of any aeronautical enterprise nor shall the Director engage in any other business, vocation, or employment. § 205. OFFICERS AND EMPLOYEES (a) The Director may elect, employ, and appoint such officers, employees, consultants, attorneys, and agents as shall be necessary to carry out the provisions of this Act, and to define their authority and duties. No officer, employee, or attorney of the Authority shall have a monetary interest in or over any stocks and bonds of any aeronautical enterprise. § 206. BOARD OF DIRECTORS – PARLIAMENTARY SYSTEM (a) The management of the business and financial aspects of the Civil Aviation Authority shall be carried out by the Director, with the advice and direction of a Board of Directors appointed under the laws of [STATE]. NOTE: The functions of a Board of Directors have been established in most States with a Parliamentary System; these functions should be set forth as subordinate clauses to this section. Note: The functions of the Board of Directors should not include the aviation safety authority of the Director under §201(c)(1). While a Board of Directors may serve in an advisory capacity, in no way should it be constituted so as to diminish the authority of the Director regarding aviation safety. SUBCHAPTER III — ADMINISTRATION OF THE AUTHORITY § 301. CO-OPERATION WITH OTHER AGENCIES (a) The Director shall have the power to use, with their consent, the available services, equipment, personnel, and facilities of other agencies of [STATE], on a reimbursable basis when appropriate, and on a similar basis to co-operate with those agencies in the establishment and use of services, equipment, and facilities of the Authority. § 302. ACQUISITION OF PROPERTY (a) The Director may, where appropriate— (1) Accept on behalf of [STATE], any gift or donation of money or other property, real or personal, or of services; and (2) Acquire by purchase, lease, or otherwise, personal and real property or interests therein, including, in the case of air navigation facilities owned and operated by [STATE], easements through or other interests in airspace immediately adjacent thereto and needed in connection therewith. § 303. AUTHORISATION TO CONTRACT (a) The Director is hereby authorised, subject to available appropriations and applicable laws of [STATE], and in furtherance of the proper exercise of assigned powers and duties under this Act, to contract or otherwise arrange for the services of private persons, and private, public, or governmental organisations. § 304. EXCHANGE OF INFORMATION (a) The Director shall have the power to exchange with foreign governments, through appropriate agencies of the Government of [STATE], information pertaining to civil aviation. § 305. DELEGATION OF FUNCTIONS (a) DELEGATION TO OFFICERS, EMPLOYEES, AND ADMINISTRATIVE UNITS OF AUTHORITY. The Director may, subject to such regulations, supervision, and review as may be prescribed, authorise the performance by any officer, employee, or administrative unit under the Director’s jurisdiction of any function under this Act. (b) DELEGATION TO PRIVATE PERSONS. The Director is authorised to delegate any assigned powers and duties to any properly qualified private person, subject to such regulation, supervision, and review as may be prescribed. However, the Director shall ensure that such functions are not delegated in such a way that air operators, aerial work or general aviation operators and maintenance facilities, in effect, regulate themselves. § 306. AUTHORISATION TO IMPOSE FEES FOR SERVICES (a) The Director may impose fees for services of the Civil Aviation Authority, including, authorisations, approvals, inspections and the administration of licenses and certificates, and shall maintain and publish a schedule of all such fees that the Director may impose. Changes in fees to be imposed shall be the subject of a notice of general circulation. SUBCHAPTER IV — GENERAL POWERS AND DUTIES § 401. GENERAL (a) GENERAL AUTHORITY. The Director shall have the power to perform such acts, to conduct such investigations, to issue and amend such orders, and to make and amend such general or special rules, regulations, and procedures pursuant to and in accordance with the provisions of this Act, as the Director shall deem necessary to carry out the provisions of, and the exercise and performance of the powers and duties assigned under this Act. (b) PUBLICATIONS. The Director shall provide for the publication of all reports, orders, decisions, rules, and regulations issued under this Act in such form and manner as may be best adapted for public information and use. (c) EVIDENCE. In the conduct of any public hearings or investigations authorised by this Act, the Director shall have the power to take evidence, issue subpoenas, and take depositions. Actions of the Director in such cases shall be governed by the procedures specified in Subchapter VIII of this Act. § 402. ORDERS (a) EFFECTIVENESS OF ORDERS. Except in emergency situations, all orders, rules, and regulations of the Director shall take effect within such reasonable times as the Director may prescribe, and shall continue in force until a further order, rule, or regulation, or for a specified period of time, as shall be prescribed in the order, rule, or regulation. (b) EMERGENCIES. Whenever the Director is of the opinion that an emergency requiring immediate action exists with respect to safety in civil aviation, the Director shall have the power, either upon complaint or the Director’s initiative without complaint, at once, if the Director so orders, without answer or other form of pleading by the interested person or persons, and with or without notice, hearing, or the making or filing of a report, to make such just and reasonable orders, rules, or regulations as may be essential in the interest of safety in civil aviation to meet such emergency; provided that the Director shall immediately thereafter initiate proceedings relating to the matter giving rise to any such order, rule, or regulation. (c) SUSPENSION AND MODIFICATION OF ORDERS. The Director shall have the power to suspend or modify orders upon such notice and in such manner as the Director shall find proper. § 403. APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT (a) Except as otherwise provided in this Act, in the exercise of making rules and regulations under this Act, the Director shall be subject to the provisions of [STATE ADMINISTRATIVE PROCEDURES] Act. § 404. PUBLIC COMPLIANCE (a) It shall be the duty of every person (along with any agents and employees thereof in the case of entities other than individuals) subject to this Act, to observe and comply with any order, rule, regulation, licence or certificate issued by the Director under this Act, affecting such person so long as the same shall remain in effect. § 405. EXEMPTIONS (a) Only the Director may grant exemptions from the requirements set forth in this Act or in its aviation safety regulations if the Director finds such action would be in the public interest. (b) The Director shall issue regulations governing the application for and approval of exemptions. (c) The Director shall publish any exemption actions taken. (d) Except as provided in paragraphs (a), (b) and (c), the Director may not grant exemptions from the requirements of this Act. § 406. DEVELOPMENT OF CIVIL AVIATION (a) The Director is authorised and empowered to encourage and foster the safe development of civil aviation in [STATE]. § 407. AIRSPACE CONTROL AND FACILITIES (a) USE OF AIRSPACE. The Director is authorised and empowered to develop, plan for, and formulate policy with respect to the use of the navigable airspace of [STATE]. The Director may assign by rule, regulation, or order the use of the navigable airspace under such terms, conditions, and limitations as the Director may find necessary to insure the safety of aircraft and the efficient utilisation of such airspace. (b) LIMITS ON AUTHORITY. The authority of the Director under this Section shall be exercised only in that airspace for which air traffic control responsibility has not been assigned to a foreign country by international agreement or other arrangement. § 408. AIR NAVIGATION FACILITIES (a) The Director may, within the limits of available appropriations— (1) Acquire, establish, and improve air navigation facilities wherever necessary; and (2) Operate and maintain such air navigation facilities. § 409. REGULATION OF AIR TRAFFIC (a) GENERAL. The Director shall have the power to prescribe, as in the opinion of the Director may be necessary in the interests of aviation safety, air traffic rules and regulations— |
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