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. § 607. AIR NAVIGATION FACILITY SAFETY STANDARDS (a) MINIMUM SAFETY STANDARDS. The Director shall have the power to prescribe and revise from time to time as necessary minimum safety standards for the operation of air navigation facilities located in [STATE]. (b) CERTIFICATION OF AIRPORTS. (1) The Director is empowered to issue airport certificates to, and to establish minimum safety standards for the operation of, airports that serve any scheduled or unscheduled passenger operations of air operator or foreign air operator aircraft. (2) Any person desiring to operate an airport that is described in this subsection and that is required by the Director, by rule, to be certified may file with the Director an application for an airport operating certificate. If the Director finds, after investigation, that such person is properly and adequately equipped and able 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 airport operating certificate to such person. Each airport operating certificate shall prescribe such terms, conditions, and limitations as are reasonably necessary to assure safety in commercial air transport. Unless the Director determines that it would be contrary to the public interest, such terms, conditions, and limitations shall include but not be limited to terms, conditions, and limitations relating to— (i) The operation and maintenance of adequate safety equipment, including fire fighting and rescue equipment capable of rapid access to any portion of the airport used for landing, takeoff, or surface manoeuvring of aircraft; and (ii) The condition and maintenance of primary and secondary runways as the Director determines to be necessary. § 608. DUTY OF OPERATORS AND AIRMEN (a) DUTY OF OPERATORS. It shall be the duty of each operator to make or cause to be made, such inspection, maintenance, overhaul, and repair of all equipment used in civil aviation and to ensure that the operations conducted are in accordance with this Act and the regulations, directives and orders of the Director issued under this Act. (b) DUTIES OF AIR OPERATORS. It shall be the duty of each holder of an Air Operator Certificate to ensure that the maintenance of aircraft and operations of that air operator are conducted in the public interest and in accordance with the requirements of this Act and the regulations, directives and orders issued under this Act by the Director. (c) DUTIES OF AIRMEN. It shall be the duty of each holder of an airman certificate to observe and comply with the authority and limitations of that certificate, the requirements of this Act and the regulations, directives and orders issued under this Act. (d) DUTY OF PERSONS GENERALLY. It shall be the duty of every person performing duties in civil aviation to observe and comply with the requirements of this Act and the orders, rules, and regulations issued under this Act relating to their tasks. (e) DANGEROUS GOODS. It shall be the duty of every person who offers, or accepts, shipments, cargo, or baggage for commercial air transport, whether originating or arriving in international flights to or from [STATE], or for flights within [STATE], to offer or accept such shipments, cargo, or baggage in accordance with the provisions of Annex 18 to the Chicago Convention and the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air. § 609. AUTHORITY TO INSPECT (a) AUTHORITY TO INSPECT EQUIPMENT. The Director shall have the power and duty to— (1) Make such inspections of aircraft, aircraft engines, propellers, and appliances used by any operator of civil aircraft as may be necessary to determine that the operators are maintaining these in safe condition for the operation in which they are used; and (2) Advise each operator in the inspection and maintenance of these items. (b) UNSAFE AIRCRAFT, ENGINES, PROPELLERS, AND APPLIANCES. When the Director finds that any aircraft, aircraft engine, propeller, or appliance, used or intended to be used by any operator in civil aviation, is not in a condition for safe operation, the Director shall so notify the operator. Such aircraft, aircraft engine, propeller, or appliance then shall not be used in civil aviation or in such manner as to endanger civil aviation, unless and until found by the Director to be in a condition for safe operation. § 610. AMENDMENT, MODIFICATION, SUSPENSION, AND REVOCATION OF CERTIFICATES (a) RE-INSPECTION AND RE-EXAMINATION. The Director may, from time to time, for any reason, re-inspect or re-examine any civil aircraft, aircraft engine, propeller, appliance, air operator, school, or approved maintenance organisation, or any civil airman holding a certificate issued under § 602 of this Act. (b) ACTIONS OF THE DIRECTOR. If, as a result of any such re-inspection or re-examination, or if, as a result of any other investigation made by the Director, the Director determines that safety in civil aviation or commercial air transport and the public interest requires, the Director may issue an order amending, modifying, suspending, or revoking, in whole or in part, any airworthiness certificate, airman licence or certificate, air operator certificate, or certificate for any airport, school, or approved maintenance organisation issued under this Act. (c) NOTICE TO CERTIFICATE HOLDERS AND OPPORTUNITY TO ANSWER. Prior to amending, modifying, suspending, or revoking any of the foregoing licences or certificates, the Director shall advise the holder thereof as to any charges or reasons relied upon by the Director for the proposed action and, except in cases of emergency, shall provide the holder of such a certificate an opportunity to answer any charges and be heard as to why such certificate should not be amended, modified, suspended, or revoked. (d) APPEALS. Any person whose certificate is affected by such an order of the Director under this Section may appeal the Director's order to [INSERT LEGAL ENTITY] and the Director shall be made a party to such proceedings. (e) EFFECTIVENESS OF ORDERS PENDING APPEAL. The filing of an appeal with the [INSERT LEGAL ENTITY] shall stay the effectiveness of the Director's order unless the Director advises the appropriate court that an emergency exists and safety in civil aviation requires the immediate effectiveness of the order, in which event the court may order that the Director's order shall remain effective pending judicial review. § 611. PROHIBITIONS (a) It shall be unlawful for any person to— (1) Operate in civil aviation any civil aircraft for which there is not currently in effect an airworthiness certificate, or in violation of the terms of any such certificate; (2) Serve in any capacity as an airman in connection with any civil aircraft, aircraft engine, propeller, or appliance used or intended for use in civil aviation without an airman certificate authorising that person to serve in such capacity, or in violation of any term, condition, or limitation of this certificate, or in violation of any order, rule, or regulation issued under this Act; (3) Employ for service in connection with any civil aircraft used in civil aviation an airman who does not have an airman certificate authorising that person to serve in the capacity for which the person is employed; (4) Operate as an air operator without an air operator certificate, or in violation of the terms of any such certificate; (5) Operate aircraft in civil aviation in violation of any rule, regulation, or certificate issued by the Director under this Act; and (6) While holding a certificate issued to a school or approved maintenance organisation as provided in this Act, to violate any term, condition, or limitation thereof, to violate any order, rule, or regulation made under this Act relating to the holder of such certificate. (b) EXEMPTION. On terms the Director prescribes as being in the public interest, the Director may exempt a foreign-registered aircraft and airmen serving on the aircraft from subsection (a) of this section. However, an exemption from observing air traffic regulations may not be granted SUBCHAPTER VII — PENALTIES § 701. CIVIL PENALTIES (a) GENERAL PENALTY. Any person, other than a person conducting an operation in commercial air transport or international commercial air transport, who violates any provision of this Act or any rule, regulation, or order issued thereunder shall be subject to a civil penalty not exceeding [LOCAL CURRENCY] for each such violation. If any such violation is a continuing one, each day of such violation shall constitute a separate offence. (b) PENALTIES APPLICABLE TO COMMERCIAL AIR TRANSPORT. Any person conducting an operation in commercial air transport or international commercial air transport who violates any provision of this Act or any rule, regulation, or order issued thereunder shall be subject to a civil penalty not exceeding [LOCAL CURRENCY] for each such violation. If any such violation is a continuing one, each day of such violation shall constitute a separate offence. (c) PENALTY CONSIDERATIONS. The Director shall have the power to assess and compromise any civil penalty. In determining the amount of such penalty, the Director shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, history of prior offences, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. The Director shall promulgate regulations governing the assessment and application of civil penalties, and shall provide guidance concerning the amounts of penalties applicable to certain violations of this Act or any regulations enacted hereunder. |
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