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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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(d) INFLATION ADJUSTMENT TO CIVIL PENALTIES.  The Director shall adjust the amount of civil monetary penalties for inflation at least every four years.  Prior to adjusting the civil penalties for inflation, the Director shall submit the proposed increase to the [Executive or Legislature of STATE] for approval.  Once approved by the [Executive or Legislature of STATE], the Director shall publish the adjusted monetary civil penalties to the public.  Thirty (30) days after the Director first publishes the adjusted civil monetary penalties, the modified civil penalties may be imposed for all violations committed after the date of publication.
(e) AIRCRAFT SUBJECT TO LIENS.  In case a civil aircraft is involved in such violation and the violation is by the owner or operator of the aircraft, such aircraft shall be subject to a lien for the penalty.
(f) DANGEROUS GOODS.  Any person who, with actual knowledge of the facts of the occurrence, or who can be imputed to have such knowledge as reasonable person exercising reasonable care in the circumstances, offers or accepts dangerous goods for commercial air transport in violation of Annex 18 to the Chicago Convention or the ICAO Technical Instruction for the Safe Transport of Dangerous Goods by Air has violated the duty imposed by in § 608(e) of this Act, and shall be subject to a civil penalty not exceeding [LOCAL CURRENCY] for each part of the ICAO Technical Instruction for the Safe Transport of Dangerous Goods by Air that are violated.
§ 702. CRIMINAL PENALTIES
(a) CERTIFICATE VIOLATIONS.  Every person who knowingly and willfully forges, counterfeits, alters, or falsely makes any certificate authorised to be issued under this Act, or knowingly uses or attempts to use any such fraudulent licence or certificate, and any person who knowingly and willfully displays or causes to be displayed on any aircraft any marks that are false or misleading as to the nationality or registration of the aircraft, shall be guilty of an offence and shall upon conviction be liable to a fine not exceeding [LOCAL CURRENCY], or to a term of imprisonment not exceeding ____ years, or both.
(b) INTERFERENCE WITH AIR NAVIGATION.  A person shall be guilty of an offence and shall upon conviction be liable to a fine not exceeding [LOCAL CURRENCY], or to a term of imprisonment not exceeding ____ years, or both, who—
(1) With intent to interfere with air navigation within [STATE], exhibits within [STATE] any light, signal, or communication at such place or in such manner that is likely to be mistaken for a true light or signal established pursuant to this Act, or for a true light or signal in connection with an airport or other air navigation facility, or, after due warning by the Director, continues to maintain any such misleading light or signal; or
(2) Knowingly removes, extinguishes, or interferes with the operation of any such true light or signal.
(c) REPORTING AND RECORD KEEPING VIOLATIONS.  Any air operator, or any officer, agent, employee, or representative thereof, who shall, knowingly and willfully, fails or refuses to make a report to the Director as required by this Act; or fails or refuses to keep or preserve accounts, records, and memoranda in the form and manner prescribed or approved by the Director; or mutilates or alter any such report, account, record, or memorandum; or files a false report, account, record, or memorandum; shall be guilty of a misdemeanour and shall upon conviction be liable for each offence to a fine of not less than [LOCAL CURRENCY] and not exceeding [LOCAL CURRENCY].
(d) REFUSAL TO TESTIFY OR PRODUCE RECORDS.  Every person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, or documents, if in that person’s power to do so, in obedience to a subpoena or lawful requirement of the Director, shall be guilty of a misdemeanour and shall upon conviction be liable to a fine not less than [LOCAL CURRENCY] and not exceeding [LOCAL CURRENCY], or to a term of imprisonment not exceeding one year, or both.
(e) AIRCRAFT PIRACY.
(1) Whoever commits or attempts to commit aircraft piracy, as herein defined, shall be punished—
(i) With imprisonment; or
(ii) If the death of another person results from the commission or attempted commission of the offence, with imprisonment for life.
(2) An attempt to commit aircraft piracy shall be within the special aircraft jurisdiction of [STATE] even though the aircraft is not in flight at the time of such attempt, if the aircraft would have been within the special jurisdiction of [STATE] had the offence of aircraft piracy been completed.
(f) INTERFERENCE WITH CREWMEMBERS.
(1) Whoever while aboard an aircraft within the special aircraft jurisdiction of [STATE], interferes with the performance by such crew member of his or her duties or lessens the ability of such member or attendant to perform this duties shall be guilty of an offence and shall upon conviction be liable for a fine not exceeding [LOCAL CURRENCY].
(2) In addition, any person who, in the interference with a crewmember’s performance of their duties, assaults, intimidates, or threatens any flight crew member or flight attendant, including any steward or stewardess of such aircraft, shall be guilty of an offence and shall upon conviction be liable to a term of imprisonment not exceeding ___ years, or both.  Whoever in the commission of any such act referred to in this subsection uses a deadly or dangerous weapon shall be liable to a term of imprisonment for any term of years or for life.
(g) GENERAL CRIMINAL PENALTY.  Whoever, while on board an aircraft within the special aircraft jurisdiction of [STATE], commits an act, which, if committed in [STATE] would be a violation of the laws of [STATE], shall be punished as provided herein.
(h) WEAPON AND EXPLOSIVE VIOLATIONS.
(1) Whoever, while on board, or while attempting to board, any aircraft in or intended for operation in commercial air transport, has on or about their person or their property a concealed deadly or dangerous weapon, which is, or would be accessible to such person in flight, or any person who has on or about their person, or who has placed, attempted to place, or attempted to have placed aboard such aircraft any bomb or similar explosive or incendiary device, shall be guilty of an offence and shall upon conviction be liable to a fine not exceeding [LOCAL CURRENCY], or to a term of imprisonment not exceeding ___ years, or both.
(2) Whoever wilfully and without regard for the safety of human life, or with reckless disregard for the safety of human life, shall commit an act prohibited by paragraph (a) of this subsection shall be guilty of an offence and shall upon conviction be liable to a fine not exceeding [LOCAL CURRENCY], or to a term of imprisonment not exceeding ___ years, or both.
(3) This subsection shall not apply to law enforcement officers of [STATE], who are authorised or required within their official capacities to carry arms, or to persons who may be authorised by the Director to carry deadly or dangerous weapons in commercial air transport, nor shall they apply to persons transporting weapons contained in baggage which is not accessible to passengers in flight if the presence of such weapons has been declared to the air operator.
(i) INTERFERENCE WITH AIRCRAFT OPERATIONS.  Whoever willfully and with reckless disregard for safety of human life interferes or attempts to interfere with the safe operation of any aircraft in, or intended for operation in, the special aircraft jurisdiction of [STATE], shall be guilty of an offence and shall upon conviction be liable to a fine not exceeding [LOCAL CURRENCY], or to a term of imprisonment not exceeding ___ years, or both.
(j) FALSE INFORMATION.
(1) Whoever imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do an act which would be a crime prohibited by subsections (e) through (h) of this Section, shall be guilty of an offence and shall upon conviction be liable to a fine not exceeding [LOCAL CURRENCY], or to a term of imprisonment not exceeding ___ years, or both;
(2) Whoever willfully and maliciously, or with reckless disregard for the safety of human life, imparts or conveys or causes to be imparted or conveyed false information, knowing the information to be false, concerning an attempt or alleged attempt being made or to be made, to do any act which would be a crime prohibited by subsections (e) through (h) of this Section, shall be guilty of an offence and shall upon conviction be liable to a fine not exceeding [LOCAL CURRENCY], or to a term of imprisonment not exceeding ____ years, or both.
(k) REMOVAL OF PARTS OF AIRCRAFT INVOLVED IN ACCIDENTS.  Every person who knowingly and without authority removes, conceals, or withholds any part of a civil aircraft involved in an accident, or any property which was aboard such aircraft at the time of the accident, shall be guilty of an offence and shall upon conviction be liable to a fine of not less than [LOCAL CURRENCY] and not exceeding [LOCAL CURRENCY], or to a term of imprisonment not exceeding ___ year(s), or both.
(l) DANGEROUS GOODS.  A person is guilty of an offence if that person willfully, with knowledge of the provisions of this Act, delivers or causes to be delivered to an Air Operator for commercial air transport, or if that person recklessly causes the transportation in commercial air transport, of shipment, cargo, baggage, or other property in violation of the provisions of Annex 18 of the Chicago Convention and the ICAO Technical Instruction for the Safe Transport of Dangerous Goods by Air shall be subject to a fine of [LOCAL CURRENCY] or imprisoned for a period not exceeding ___ years, or both.
SUBCHAPTER VIII — PROCEDURE
§ 801. CONDUCT OF PROCEEDINGS
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