时间：2015-01-22 15:21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. 10.8.1.1 Requirements for application by foreign persons or operators for approval to operate remotely piloted aircraft (RPA) into the territory of [state] 11 PART 10 — IMPLEMENTING STANDARDS 3 IS: 10.1.1.5 Authority to Inspect 3 IS: 10.2.1.1 Requirements for the Application by Foreign Air Operators for Approval to Operate into the Territory of State 23 IS: 10.2.1.1(b) Safety Clause Example 25 IS: 10.2.1.2 Conditions for the Issuance of a Document of Authorisations, Conditions and Limitations 25 IS 10.8.1.1 Requirements For Application By Foreign Persons Or Operators For Approval To Operate Remotely Piloted Aircraft (RPA) Into The Territory Of [STATE] 27 Part 10—Commercial Air Transport by Foreign Air Operators Within [STATE] 10.1 GENERAL 10.1.1.1 APPLICABILITY (a) This regulation prescribes requirements applicable to the operation of any civil aircraft, including aeroplane or helicopter, for — (1) The purpose of commercial air transportation operations by any air operator whose Air Operator Certificate is issued and; (2) Controlled by a civil aviation authority other than [STATE]. (b) Part 10 does not apply to aircraft when used by military, customs, and police services, which are not used for compensation or hire. Chicago Convention, Articles 3, 5, 6 10.1.1.2 DEFINITIONS (a) Definitions are contained in MCAR Part 1. 10.1.1.3 ABBREVIATIONS (a) The following abbreviations are used in Part 10: (1) AFM – Aeroplane Flight Manual; (2) AOC – Air Operator Certificate; (3) AOM – Aeroplane Operating Manual; (4) MEL – Minimum Equipment List; (5) RFM – Rotorcraft Flight Manual; (6) RPA – Remotely Piloted Aircraft. 10.1.1.4 COMPLIANCE (a) A foreign air operator may not operate an aircraft in commercial air transportation operations in [STATE] contrary to the requirements of— (1) Part 10; (2) Applicable paragraphs of Parts 7 and 8; (3) Applicable standards contained in the Annexes to the Convention on International Civil Aviation for the operation to be conducted; and (4) Any other requirements that the Authority may specify. ICAO Annex 6: Part 1, 3.2.1; 3.2.2;4.2.2.3 ICAO Annex 6, Part III, Section I: 1.2.1; 1.2.2; Section II: 2.2.2.3 Chicago Convention, Articles 6 and 12 10.1.1.5 AUTHORITY TO INSPECT (a) A foreign air operator shall ensure that any person authorised by the Authority, will be permitted at any time, without prior notice, to board any aircraft operated for commercial air transportation to [STATE] — (1) To inspect the documents and manuals required by this Part; (2) To conduct an inspection of the aircraft; (3) To take appropriate action when necessary to preserve safety. (b) When a State identifies a case of non-compliance or suspected non-compliance by a original operator with laws, regulations and procedures applicable within that State’s territory, or a similar serious safety issue with that operator, that State shall immediately notify the operator and, if the issue warrants it, the State of the Operator. Where the State of the Operator and the State of Registry are different, such notification shall also be made to the State of Registry, if the issue falls within the responsibilities of that State and warrants a notification. (c) In the case of notification to States as Specified in subpart (b), if the issue and its resolution warrant it the State in which the operation is conducted shall engage in consultations with the State of the Operator and the State of Registry, as applicable, concerning the safety standards maintained by the operator. (d) Inspections shall be conducted in accordance with the requirements and checklist contained in IS: 10.1.1.5 at paragraph (d). (e) Findings from inspections shall be resolved in accordance with the table contained in IS: 10.1.1.5 at paragraph (e). Note: The Manual of Procedures for Operations Inspection, Certification and Continued Surveillance (Doc 8335) provides guidance on the surveillance of operations by foreign operators. The manual also contains guidance on the consultations and related activities, as specified in this part, including the ICAO model clause on aviation safety, which if included in a bilateral or multilateral agreement, provides for consultations among States, when safety issues are identified by any of the parties to a bilateral or multilateral agreement of air service. ICAO Annex 6: Part 1, 3.2.1, 3.2.2 ICAO Annex 6, Part III: Section II: 1.2.1; 1.2.2 Chicago Convention, Article 1 10.2 APPROVAL TO OPERATE IN THE TERRITORY OF [STATE] 10.2.1.1 REQUIREMENTS FOR APPLICATION BY FOREIGN AIR OPERATORS FOR APPROVAL TO OPERATE INTO THE TERRITORY OF [STATE] (a) A foreign air operator from the territory of another state shall not operate an aircraft in [STATE] unless it is so authorised by the [Authority of] and holds an associated Document of Authorisations, Conditions, and Limitations issued to it by the [Authority of]. (b) When an air operator wishes to apply to operate in [STATE] it shall— (1) Make such application to the Authority in the form and manner prescribed; (2) See IS: 10. 2.1.1(a) for the Foreign Operator’s Application Form. (c) An application for approval to operate into the territory of [STATE] shall be accompanied by— (1) A certified true copy of a valid (AOC) and associated operations specifications issued to the foreign air operator by the Foreign Authority; (2) A copy of the approval page for a Minimum Equipment List for each aircraft type intended to be operated by the air operator in [STATE]; (3) A copy of the current aircraft Certificate of Registration and airworthiness certificate issued for the aircraft types proposed to be operated by the air operator in [STATE]; (4) A copy of the insurance certificate; (5) A copy of the operational procedures and practices of the operator; (6) A copy of a document identifying the maintenance checks that are required to be carried out for aircraft of the air operator while they are operated in [STATE]; (7) A copy of the maintenance contract between the air operator and the Approved Maintenance Organisation, where the maintenance under subparagraph (g), is carried out by an Approved Maintenance Organisation approved by the foreign authority; (8) A copy of the air service agreement, with safety clause, allowing the foreign air operator to operate in [STATE]. See IS: 10. 2. 1.1(b) for an example of the referenced air service agreement safety clause; (9) In the cases of wet leased aircraft: a copy of the approval of the CAA of the State of the operator, with identification of the operator that exercises operational control of the aircraft; (10) A proposed Aircraft Operator Security Programme for the foreign air operator who does not hold an Air Operator Certificate issued by the Authority which meets the requirements of the Civil Aviation Regulations, for the acceptance and subsequent approval of the Authority; and (11) Any other document the Authority considers necessary to ensure that the intended operations will be conducted safely. (d) An applicant under these Regulations shall apply for the initial issue of a foreign air operator Operations Specifications at least ninety days before the date of commencement of intended operation. ICAO Doc. 8335 5th Edition, Part VI, Chapter 1: 1.2, 1.4; Chapter 2: 2.1, 2.2 14 CFR 129.11, 129.13, 129.14 10.2.1.2 CONDITIONS FOR THE ISSUANCE OF A DOCUMENT OF AUTHORISATIONS, CONDITIONS, AND LIMITATIONS (a) The Director may recommend that the [Authority] issue a Document of Authorisations, Conditions and Limitations to a foreign air operator to conduct commercial air operations in [STATE] where the Director is satisfied and has confidence in — (1) The validity of the certificates and licences associated with the operator; (2) The operator’s personnel and aircraft; (3) The operational capabilities of the operator; and (4) The level of certification and oversight applied to the activities of the foreign air operator by the Foreign Authority. (b) See IS: 10.2.1.2 for the process to be used for evaluating the conditions stipulated under (a) (1) through (4). (c) No foreign air operator may commence commercial air transport operations in and to [STATE] until the Operations Specifications have been issued. ICAO Annex 6, Part 1, 4.2.2.1; 4.2.2.3 ICAO Annex 6, Part III, Section III: 2.2.2.1; 2.2.2.3 ICAO Doc. 8335, 5th Edition Part VI, Chapter 3:3.1 Chicago Convention, Article 6 14 CFR 129.11 10.2.1.3 ISSUANCE OF A DOCUMENT OF AUTHORISATION, CONDITIONS, AND LIMITATIONS (a) The authority may issue a Document of Authorisation, Conditions and Limitations to a foreign air operator applicant — (1) Following approval of the foreign air operator’s application form to operate into the territory of [State]; (2) Upon a satisfactory administrative review of the documentation provided by the foreign air operator under 10.2.1.1 (c) and (d); and (3) When it has established bilateral or multilateral agreements with the State of the Operator that includes in the agreement the safety clause referenced under 10.2.1.1 (c) (5); or (4) When it has not established bilateral or multilateral agreements with the State of the Operator the [Authority of] receives no significant safety findings or major deficiencies form available safety related information relevant to the foreign air operator. ICAO Doc. 8335, 5th Edition Part VI, Chapter 4: 4.1, 4.2 10.2.1.4 CONTENTS OF A DOCUMENT OF AUTHORISATONS, CONDITIONS, AND LIMITATIONS (a) A Document of Authorisation, Conditions and Limitations is issued to foreign air operators for elements not listed in the operator’s AOC and associated operations specifications but considered necessary for compatible operations within [STATE]. |
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