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民航规章 CIVIL AVIATION REGULATIONS 1

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:

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§ 419. AUTHORITY TO ENTER INTO REGIONAL COOPERATIVE AVIATION SAFETY AGREEMENTS — PARLIAMENTARY SYSTEM
(a) The Minister of [Appropriate Title] shall encourage regional cooperation in the regulation and administration of aviation safety.
(b) The Minister of [Appropriate Title] may enter into agreements for co-operative endeavours in aviation safety with other regional contracting States to the Convention on International Civil Aviation.  In co-ordination with [Name of Foreign Ministry or Department of Foreign Affairs], the Minister of [Appropriate Title] may, by regulation, delegate the authority to negotiate, agree to, and manage any such cooperative agreement to the Director.  The Minister of [Appropriate Title], in entering into such an international agreement, may, where appropriate to civil aviation safety and the public interest, allow the Director to further delegate certain aviation safety tasks under the international agreement to citizens of [STATE] or to citizens of the contracting State with which [STATE] has entered into an international regional agreement.
SUBCHAPTER V — NATIONALITY AND OWNERSHIP OF AIRCRAFT
§ 501. AIRCRAFT REGISTRATION
(a) ESTABLISHMENT OF REGISTRY.  The Director will establish and maintain a system for the national registration of civil aircraft in [STATE].
(b) REGISTRATION REQUIREMENT.  It shall be unlawful to operate a civil aircraft in [STATE] unless it is registered in [STATE] or is registered under the laws of a foreign country.
(c) ELIGIBILITY.  An aircraft shall be eligible for registration if and only if it is not registered in a foreign country and, unless otherwise permitted by the Director by regulation, it is owned by—
(1) A citizen of [STATE];
(2) An individual citizen of another State who is lawfully admitted for permanent residence in [STATE];
(3) A corporation lawfully organised and doing business under the laws of [STATE] and the aircraft is based and primarily used in [STATE]; or
(4) The Government of [STATE] or a political subdivision thereof.
(d) CERTIFICATE OF REGISTRATION.  Upon request of the owner of any aircraft eligible for registration, such aircraft shall be registered by the Director and the Director shall issue to the owner thereof a certificate of registration.
(e) APPLICATION.  Applications for such certificates shall be in such form, be filed in such manner, and contain such information as the Director may require.
(f) SUSPENSION AND REVOCATION.  Any certificate issued by the Authority may be suspended or revoked by the Director for any cause if the Director finds such suspension or revocation to be in the public interest
(g) NATIONALITY AND EVIDENCE OF OWNERSHIP.  An aircraft shall acquire [STATE] nationality when registered under this Act.  A certificate of registration issued under this Section shall not be considered evidence as to ownership in any proceeding under the laws of [STATE] in which ownership of the aircraft by a particular person is or may be in issue.
§ 502. RECORDATION OF INTERESTS IN AIRCRAFT
(a) ESTABLISHMENT OF SYSTEM.  The Director is hereby authorised to establish a national system for recording documents which affect title to or any interest in any civil aircraft registered in [STATE] and in any aircraft engine, propeller, appliance, or spare part intended for use on any aircraft registered in [STATE].
(b) VALIDITY BEFORE FILING.  Upon the Director establishing a recording system, no document affecting title to or any interest in such registered aircraft, aircraft engines, propellers, appliances, or spare parts shall be valid, except between the parties thereto, unless it is recorded in that system.
(c) APPLICABLE LAWS.  The validity of any document so recorded, unless otherwise specified by the parties thereto, shall be determined under the laws of [STATE].  The requirements for documents to be recorded shall be specified in regulations issued by the Director.
SUBCHAPTER VI — SAFETY REGULATION OF CIVIL AVIATION
§ 601. GENERAL SAFETY POWERS AND DUTIES
(a) PROMOTING SAFETY.  The Director shall have the power and duty to promote safety of flight of civil aircraft in civil aviation by prescribing and revising from time to time as necessary—
(1) Reasonable rules and regulations implementing, at a minimum, all Standards of the Annexes to the Chicago Convention;
(2) Such other reasonable rules, regulations, or minimum standards governing other practices, methods, and procedures as the Director may find necessary to provide adequately for safety in civil aviation.
(b) CONSIDERATIONS IN THE REGULATION OF AIR OPERATORS.  In prescribing standards, rules, and regulations and in issuing certificates under this Act, the Director shall take into consideration the obligation of air operators to perform their services with the highest possible degree of safety in the public interest.
§ 602. AIRMAN LICENCES OR CERTIFICATES
(a) AUTHORITY TO CERTIFICATE AIRMEN.  The Director is hereby authorised to issue airman licences or certificates specifying the capacity in which the holders thereof are authorised to serve as airman in connection with aircraft.
(b) APPLICATION AND ISSUANCE.  Any person may file with the Director an application for an airman licence or certificate.  If the Director finds, after investigation, that such person possesses the proper qualifications for, and is physically able to, perform the duties pertaining to the position for which the airman licence or certificate is sought, the Director shall issue such licence or certificate.  The Director may, in lieu of such a finding, consider prior issuance of an airman licence or certificate by a foreign country that is a member of the International Civil Aviation Organisation as satisfactory evidence, in whole or in part, that the airman possesses the qualifications and physical ability to perform the duties pertaining to the position for which the airman licence or certificate is sought.
(c) TERMS AND CONDITIONS.  The licence or certificate shall contain such terms, conditions, and tests of physical fitness, and other matters as the Director may determine to be necessary to assure safety in civil aviation.
(d) CERTIFICATION OF FOREIGN NATIONALS.  Notwithstanding the provisions of subsection (b) of this Section, the Director may prohibit or restrict, in such manner as the Director shall deem appropriate, the issuance of airman licences or certificates to citizens of foreign countries.
(e) CONTENTS.  Each airman licence or certificate shall—
(1) Be numbered and recorded by the Director;
(2) State the name and address of, and contain a description of, the person to whom the licence or certificate is issued; and
(3) Be titled with the designation of the airman privileges authorised.
§ 603. AIRWORTHINESS CERTIFICATES
(a) AUTHORITY TO CERTIFICATE AIRWORTHINESS.  The owner of any aircraft registered in [STATE] may file with the Director an application for an airworthiness certificate for such aircraft.
(b) ISSUANCE.  If the Director finds that the aircraft conforms to the appropriate type certificate, and, after inspection, finds that the aircraft is in condition for safe operation, the Director shall issue an airworthiness certificate.
(c) TERMS AND CONDITIONS.  The Director may prescribe in an airworthiness certificate the duration of such certificate, the type of service for which the aircraft may be used, and such other terms, conditions, limitations, and information as are required in the interest of safety.  Each airworthiness certificate issued by the Director shall be recorded by the Director.
(d) AIRWORTHINESS APPROVALS.  The Director may prescribe the terms under which additional airworthiness approvals for the purposes of modification may be made.
§ 604. AIR OPERATOR CERTIFICATE (AOC)
(a) AUTHORITY TO CERTIFICATE CARRIERS AND ESTABLISH SAFETY STANDARDS.  The Director is hereby authorised to issue air operator certificates and to establish minimum safety standards for the operation of the air operator to which any such certificate is issued.
(b) APPLICATION AND ISSUANCE.  Any person desiring to operate as an air operator and who is a citizen of [STATE] may file with the Director an application for an air operator certificate.  If the Director finds, after thorough investigation, that such person is properly and adequately equipped and has demonstrated the ability to conduct a safe operation in accordance with the requirements of this Act and the rules, regulations, and standards prescribed thereunder, the Director shall issue an air operator certificate to such person.
§ 605. APPROVED TRAINING ORGANIZATIONS AND APPROVED MAINTENANCE ORGANISATIONS
(a) EXAMINATION AND RATING.  The Director is authorised to provide for the examination and rating of—
(1) Civilian schools giving instruction in flying or in the repair, alteration, maintenance, and overhaul of aircraft, aircraft engines, propellers, and appliances, as to the adequacy of the course of instruction, the suitability and airworthiness of the equipment, and the competency of the instructors; and
(2) Approved Maintenance Organisation or shops for the repair, alteration, maintenance, and overhaul of aircraft, aircraft engines, propellers, and appliances, as to the adequacy and suitability of the equipment, facilities, and materials for, and methods of, repair and overhaul, and the competency of those engaged in the work or giving any instruction therein.
(b) AUTHORITY TO CERTIFICATE.  The Director is hereby authorised to issue certificates for such schools and approved maintenance organisations.
§ 606. FORM OF APPLICATIONS
(a) Applications for certificates issued under the authority of this Act shall be in such form, contain such information, and be filed and served in such manner as the Director may prescribe and shall be under oath or affirmation whenever the Director so requires.
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