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民航规章 CIVIL AVIATION REGULATIONS 3

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F. CARGO
1. General condition of cargo compartment and containers Partly defective lights Minor defects, but safe condition. Partly damaged paneling.
Partly damaged containers. Defective lights. Floor locks (partly) unserviceable.
Limited access to cargo
area (for combis). Dividing net or door protection net damaged. Damaged paneling outside limits.
Damaged containers. Structural damage outside limits.
Defective or missing fire extinguishing system (where applicable).
Cargo area not used in accordance with classification. No access to cargo area
(for combis).
No barrier net (combis and cargo aircraft).
No smoke barrier/curtain. Floor locks unserviceable and outside MEL limits.
2. Dangerous goods Unable to recognize dangerous goods presented to operator for shipment. No dangerous goods regulations or references. No, or incomplete, information to the pilot-in-command of dangerous goods carried, in contradiction with Doc 9284 provisions.
Deficiencies: leakage, wrong packaging, label missing. Dangerous goods not correctly secured.
Loading not performed in accordance with Annex 18. Dangerous goods carried without authorization or in contradiction to Annex 18 or Doc 9284 provisions.
3. Safety of cargo on board Minor damage to: lashing, tie down equipment, pallet/container and/or locks. Damaged pallet, container or net. Cargo not safely secured and/or properly distributed:
–   lashing
–   tie-down equipment
–   pallets and containers
–   locks
Load distribution/floor load limit exceeded.
G.  GENERAL
1. Additional remarks General findings with minor safety impact. General findings with significant safety impact. General findings with major safety impact.
2. Refuelling Cabin crew not aware of refuelling with passengers on board. No procedures in place for refuelling with passengers on board. Procedures in place but not carried out.
3. Language for communications  Pilot licences with no language proficiency endorsement, for the English language or the language used in radiotelephony (except if implementation plan is made available by the State of issue — until 5 March 2011). Pilots not fluent in the English language or in the language used in radiotelephony.
ICAO Doc 8335, Fifth Edition (2010), Part VI, Chapter 6, Table 6-2
IS: 10.2.1.1 REQUIREMENTS FOR THE APPLICATION BY FOREIGN AIR OPERATORS FOR APPROVAL TO OPERATE INTO THE TERRITORY OF STATE
(a) Foreign Operator’s Application Form.
Application Form for Commercial Air Transport Operations by a Foreign Operator – Page 1
(To be completed by a foreign air operator for an approval to conduct operations in [State])
Section 1: To be Completed by the Applicant
Section 1A:  Applicant Information
1. Company Name and Address.  Company registered name and trading name if different. Address of company: mailing address; telephone; fax; and e-mail.
2. Principal place of business.  Address of the principal place of business including: telephone; fax; and e-mail.
3. Proposed start date of operations:
(dd/mm/yyyy): 4.  ICAO 3-letter designator for aircraft operating agency:
5.  Operational management personnel
a. Name b. Title c. Telephone, fax and e-mail

Section 1B.  Type of approval requested by applicant. Check applicable boxes
6. a.  0 Air operator intends to conduct commercial flights to and from aerodromes in [State]
b.  0 Air operator intends to only conduct overflights and technical stops in [State]
7. Air operator proposed types of operation: 8. Geographic areas of intended operations and proposed route structure:
a. 0  Passengers and cargo
b. 0  Cargo only
c. 0  Scheduled operations
d. 0  Charter flight operations
e. 0  Dangerous goods
Application Form for Commercial Air Transport Operations by a Foreign Operator – Page 2
(To be completed by a foreign air operator for an approval to conduct operations in [State])
Section 1C.  Aircraft Information of Operator
9. Provide location on board or provide separate documentation where individual aircraft nationality and registration marks are listed as part of the aircraft fleet operated under the air operator certificate:
Provide following information:
Aircraft type
(make, model and series, or master series) RVSM
Approval EDTO  Noise
certification
(Annex 16 Ch.) Remarks
[Aircraft type 1] 0
0
[Aircraft type 2] 0
0
[Aircraft type 3] 0
0
[Aircraft type 4] 0
0
Etc. 0
0
Attach copies of:
• Proof of Economic Authority;
• Air operator certificate and associated operations specifications;
• Insurance certificate;
• In case of wet-lease of aircraft: approval of CAA of the State of the Operator, with identification of the operator that exercises operational control on the aircraft; and
• Document authorising the specific traffic rights, issued by [Department of Commerce] or resulting from a bilateral air transport agreement (if required by the State to which the operator is flying to).
Signature: Date (dd/mm/yyyy): Name and Title:
Section 2.  To be completed by the [CAA]
Evaluated by (name and office):
CAA decision:
0   Approval granted  0   Not approved
Remarks:
Signature of CAA representative:
Date (dd/mm/yyyy):
ICAO Doc. 8335, Part, 5th Edition, Part VI: Attachment C
IS: 10.2.1.1(B) SAFETY CLAUSE EXAMPLE
Example of Safety Clause (Extracted from ICAO Document 8335) that must be inserted into Air Service Agreements that allows operators to provide service to another State and vice versa.
(a) Each Party may request consultations at any time concerning the safety standards maintained by the other Party in areas relating to aeronautical facilities, flight crew, aircraft and the operation of aircraft. Such consultations shall take place within thirty days of that request.
(b) If, following such consultations, one Party finds that the other Party does not effectively maintain and administer safety standards in the areas referred to in paragraph 1 that meet the Standards established at that time pursuant to the Convention on International Civil Aviation (Doc 7300), hereinafter referred to as: the Convention, the other Party shall be informed of such findings and of the steps considered necessary to conform with the ICAO Standards. The other Party shall then take appropriate corrective action within an agreed time period.
(c) Pursuant to Article 16 of the Convention, it is further agreed that any aircraft operated by, or on behalf of an airline of one Party, on service to or from the territory of another Party, may, while within the territory of the other Party be the subject of a search by the authorised representatives of the other Party, provided this does not cause unreasonable delay in the operation of the aircraft. Notwithstanding the obligations mentioned in Article 33 of the Convention, the purpose of this search is to verify the validity of the relevant aircraft documentation, the licensing of its crew, and that the aircraft equipment and the condition of the aircraft conform to the Standards established at that time pursuant to the Convention.
(d) When urgent action is essential to ensure the safety of an airline operation, each Party reserves the right to immediately suspend or vary the operating authorisation of an airline or airlines of the other Party.
(e) Any action by one Party in accordance with paragraph 4 above shall be discontinued once the basis for the taking of that action ceases to exist.
(f) With reference to paragraph 2 above, if it is determined that one Party remains in non-compliance with ICAO Standards when the agreed time period has lapsed, the Secretary General of ICAO should be advised thereof. The latter should also be advised of the subsequent satisfactory resolution of the situation.
ICAO Document 8335, 5th Edition, Attachment VI-A, 3. Model Clause
IS: 10.2.1.2 CONDITIONS FOR THE ISSUANCE OF A DOCUMENT OF AUTHORISATIONS, CONDITIONS AND LIMITATIONS
(a) The [Authority of] shall, when evaluating an application by a foreign air operator to operate within the territory of [STATE] –
(1) Examine both the safety oversight capabilities and record of the Foreign Authority of the State of the Operator, and if different, the State of Registry; and
(2) The operational procedures and practices of the foreign air operator itself.
Note: This is necessary in to have confidence in the validity of the certificates and licences associated with the foreign air operator, its personnel and aircraft, the operational capabilities of the foreign air operator and in the level of certification and oversight applied to the activities of the foreign air operator by the Foreign Authority of the State of the Operator.
(b) The [Authority of] shall obtain information on the safety oversight capabilities, and the level of compliance with ICAO Standards, of the Foreign Authority of the State of the Operator by accessing information from the ICAO Universal Safety Oversight Audit Programme (USOAP). This information is available –
(1) On the ICAO website http://www.icao.int and accessible through the Flight Safety Information Exchange (FSIX) – Safety Oversight Information – Audit Reports (1999-2004) or Audit Reports (Comprehensive Systems Approach);
(2) On the ICAO Safety Oversight Audit (SOA) Secure Site which is accessible, subject to a password available only to the [Authority of] from ICAO, through the FSIX home page; and
(3) Subject to a password available only to the [Authority of] from ICAO, by accessing audit summary reports from the USOAP audits available to the [Authority of] on the ICAO-Net  http://www.icao.int/icaonet/;

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