(2005)Civil
Aviation Law of the Republic of Chin
(2005)
Regulation Governing Air Freight Forwarder
As promulgated by Presidential Decree on May 30, 1953, amended on January 4, 1974, November 19, 1984, January 27, 1995, January 21, 1998 and further amended of June 2, 1999.
This Law is enacted to insure the aviation safety, a sound civil aviation system, compliance with international civil aviation standards, and promote the development of civil aviation.
The terms used in this Law are defined as below:
1) “Aircraft” means any airplane, airship, balloon or other apparatus that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface.
2) “Airport Terminal” means an area of land that is used for the landing and takeoff of aircraft, including its buildings and facilities to load/unload passengers/goods.
3) “Flight” means takeoff, navigation in the air, landing of aircraft and its taxiing on the ground before takeoff and after landing.
4) “Airman” means aircraft pilot, flight mechanic, ground mechanic, air traffic controller, technicians employed by an aircraft maintenance facility and aircraft dispatcher.
5) “Airfield” means any land or water that is used for takeoff, landing and surface movement of aircraft.
6) “Navigation Aids” means facilities designed for the support of aviation communications, meteorology, radio and visual aids as well as other installations providing safety guidance to aircraft in flight.
7) “Airway” means a control area or portion designated by the Civil Aeronautics Administration (CAA) and thereof established in the form of a corridor equipped with radio navigation aids.
8) “Special Flight” means any approved single flight such as an aircraft test flight, acrobatic flight, flight beyond prescribed limits or repair as well as maintenance, and ferry flight.
9) “Air Traffic Control” means a service operated by an appropriate authority to promote the safe, orderly, and expeditious flow of air traffic.
10) “Pilot-in-Command” means the pilot responsible for the operation and safety of an aircraft during flight time.
11) “Civil Air Transport Enterprise” means an undertaking directly engaging in the transportation by aircraft of passengers, cargo and mail for compensation or hire.
12) “General Aviation” means a business engaging in aerial tourism, survey, photographing, fire-fighting and searching, paramedic, hauling and lifting, spraying and dusting, as well as those authorized and other-than-air transport of passengers, cargo and mail flight operations for compensation or hire.
13) “Air Freight Forwarder” means, with the exception of forwarding or the delivery of mail, a business authorized to forward, through a civil air transport enterprise, air cargo and international trade and commercial documents for others for compensation or hire.
14) “Airport Ground Handling Service” means a service that performs towing and guiding of aircraft on the ramp; loading and unloading of baggage, cargo and meals; and cleaning aircraft cabin and other associated tasks.
15) “Catering Service” means a caterer who transports meals and beverage and other necessary articles to and from aircraft on the ramp.
16) “Air Cargo Entrepot” means a business for importing, exporting, transferring, collecting and distributing of air cargo; of handling in-and-out airport control areas for customs formalities, warehousing arrangement, facilities and services, and is provided for compensation.
17) “Aircraft Accident” means an occurrence associated with the operation of aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which a person, either within or without the aircraft, is fatally or seriously injured or the aircraft sustains substantial damage or structural failure, is missing or completely inaccessible.
18) “Aircraft serious incident” means an occurrence associated with the operation of aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all persons aboard have disembarked, which almost result in an accident.
19) “Aircraft incident” means an occurrence associated with the operation of aircraft which takes place between the time any person boards the aircraft with the intention of flight until disembarkation of all those on board, other than what happen in the preceding two items.
20) “Ultra-light”: means an aircraft which has power and capacity to carry passengers, is less than two hundred and eighty kilograms in net weight, has a maximum fuel tank capacity of twenty eight liters, has a take off speed of less than sixty five kilometers per hour for maximum take off weight, and power shut down speed is less than sixty four kilometers per hour.
21) Flight safety related event means any occurrence of aircraft accident, aircraft serious incident, and aircraft incident incurred in operations of aircraft and the occurrence of ground safety events incurred in non-operations of aircraft.
The Ministry of Transportation and Communications (hereinafter referred to as MOTC) shall establish the Civil Aeronautics Administration (hereinafter referred to as CAA) to administer affairs relating to civil aviation.
Regulations governing the organization of CAA shall be enacted separately.
The use of air space and demarcation of control area, control zone, restricted area, dangerous area and prohibited area shall be determined by the MOTC in coordination with the Ministry of National Defense.
The first inbound landing of an aircraft originating from any point in a foreign country, or an outbound aircraft taking off from the Republic of China to another country, shall conduct such landing or takeoff at a designated international airport. However, exception may be made in case of an emergency.
In the event it is necessary for an aircraft to land at a military airfield, or to utilize the facilities of a military airport, the owner or operator of the aircraft shall apply to the military authorities through CAA for permission. However, an exception may be made for emergency landing.
When taking off from and landing at a military airfield, aircraft shall observe regulations of the airfield and abide by the instructions of the airfield authorities.
All citizens, legal persons and government organizations of the Republic of China may enjoy the right to own aircraft according to this Law and other related statutes. MOTC may impose restrictions on such ownership of non-public use aircraft if air space is limited or facilities at air terminals are inadequate.
Foreigners, aside from complying with the provisions set forth in Chapter VII, shall not own aircraft in the Republic of China.
The owner or operator of an aircraft shall apply to CAA for aircraft registration. A certificate of registration shall be issued if the application meets all appropriate requirements. No ROC-registered aircraft shall be registered in a foreign country without first canceling its Chinese registration.
Aircraft that have been registered in a foreign country shall not be allowed to apply for registration in the Republic of China until its registration has been cancelled.
Article
9
The owner or operator of a ROC-registered aircraft shall apply to CAA for an airworthiness inspection. A certificate of airworthiness shall be issued if the aircraft is found in compliance with the inspection.
Classification and limitation of the above-mentioned airworthiness inspection, conditions for application, rating, cancellation and abolition as well as for revocation and renewal, rules of airworthiness maintenance & repair, signing of certificate, documentation, airworthiness checks and collection of certificate charges, shall all be stipulated by MOTC.
An aircraft may be registered as ROC aircraft under any of the following categories:
1) Owned by ROC citizens.
2) Owned by government organizations of the ROC.
3) Owned by the following legal persons who have a principal office in ROC in accordance with ROC laws:
1) Unlimited company completely owned by citizens of the ROC.
2) Limited company with over two thirds of capital owned by citizens of the ROC and represented by directors who are citizens of the ROC.
3) Company formed by shareholders of both limited and unlimited liabilities, whose unlimited liability shareholders are citizens of the ROC.
4) Company limited by shares, whose chairman and over two thirds of the directors are citizens of the ROC, as well as more than two thirds of its capital owned by citizens of the ROC.
5) Other legal persons whose representatives are citizens of the ROC.
Except otherwise prescribed in this law, aircraft other than that of ROC nationality may not apply for registration in this country.
Any non-ROC aircraft purchased from a foreign country on conditional terms by ROC citizens, legal persons or government agencies pending entitlement of ownership, or any such aircraft leased from a foreign country for a period more than six months, may be registered as an ROC aircraft if its registration in the foreign country has been duly cancelled, provided the purchaser or lessee is responsible for operating such aircraft and employing the required personnel and equipment.
The purchaser or lessee may apply to the CAA for appropriate registration. However, such registration shall not construe proof of ownership.
Renewal is not required for registrations found to be in compliance with the provisions of this Article prior to the effective date of this Amendment.
After the aircraft has been properly registered, the ROC nationality marks and registration number shall be displayed on a conspicuous part of the aircraft.
The certificate of registration shall become invalid upon any of the following events:
1) Transfer of aircraft ownership.
2) Aircraft is destroyed or damaged beyond repair.
3) Aircraft is dismantled or abandoned.
4) Forfeiture or loss of aircraft nationality.
The certificate of airworthiness shall become invalid upon any of the following events:
1) Expiration of the certificate.
2) Invalidation or revocation of the certificate of registration.
3) Aircraft fails to meet CAA airworthiness requirements.
In case a registration or airworthiness certificate becomes invalid, CAA shall serve a public notice of its cancellation, and the holder of such certificate shall return it to CAA within twenty days from the date of invalidation.
In case a registered aircraft is found to be in non-conformity with the provisions of the paragraph II of Article 8, Article 10 or Article 11, the CAA shall cancel the registration and order the certificate of registration be returned.
At anytime a certificate of registration becomes invalid for reasons other than the two preceding articles, the CAA shall immediately revoke the aircraft registration certificate.
Except as specifically provided in this Law, aircraft shall be governed by the provisions of the Civil Code and other appropriate laws.
Aircraft may be an object of mortgage.
The provisions of the Chattel Secured Transactions Act with regard to movable property shall apply to mortgaging an aircraft.
Unless duly registered, transfer of ownership, creation of mortgage, or lease of an aircraft, shall not be a defense against a third party.
Article
20-1
Rules
governing the registration and cancellation of an aircraft nationality and
ownership, mortgage and lease thereof, nationality insignia , registration
numbering and registration fees shall be fixed by MOTC.
Provisions of Article 11 to Article 14 and Article 16 to Article 19 of the Maritime Law shall apply to aircraft under joint ownership.
Except as otherwise specified in this Law or other laws, aircraft shall not be detained, attached or provisionally attached from the time it takes off until completion of its flight.
Article
23
The
design , manufacture, maintenance & repair, process of assembly and the end
products of aircraft, aircraft engine and propeller, various aircraft equipment
and component parts, shall be rated by CAA for a certificate.
Aircraft
manufacturer shall submit aircraft production program in advance to CAA and
complete provisional registration according to proper procedures. This will
serve as basis for applying relevant certificates upon completion of
manufacture. An aircraft having completed provisional registration pending
formal registration shall not be used in general flight.
Aircraft
provisionally registered as per above shall not be subject to the constraints of
the terms of owners set forth in Article 10, paragraph one, subparagraph three
and shall be exempt from provisional registration.
CAA
may commission any other related agency, body or individual to perform the
functions of rating prescribed in paragraph one. Measures concerning
qualification, terms, obligation and supervision of those so commissioned shall
be established by MOTC.
CAA
shall establish the airworthy standards for the end products stated in paragraph
one with regard to their design, manufacture, assembly, performance, operations
limitation, flight maintenance & repair data.
Nevertheless, the airworthiness standards used in international
practices, which are adoptable for domestic use, can be referred to after CAA
approves.
MOCT
shall provide rules governing the management of certification for the design,
manufacture, assembly of the end products stated in paragraph one, for the
rating classification and procedure, for setting up certification and technical
documentation system, on application for rating or for increase or change of
rating, on application for issuance, cancellation or renewal of a rating
certification, for collection of certificate charges, for certification and
regulating of manufacture and so forth.
MOTC
shall set up rules for the end products stated in paragraph one with regard to
rating classification and procedure of maintenance & repair factory,
inspection handbooks, maintenance record, signing of certificate, conditions of
maintenance & repair facilities, of equipment, tools and workers,
institution of maintenance & repair and quality control systems, on
application of rating, for increase or change of rating, for cancellation and
renewal, collection of certificate charges and regulating of maintenance &
repairs.
CAA
may entrust other agency, body or individual to inspect a manufacturer or
maintenance and repair factory with regard to their employees and facility and
oversee their operations. Those being inspected shall not refuse, avoid or
obstruct such inspections. The inspected shall be notified of any deficiency
found and given a time limit in which to effect improvement. Subject to MOCT
approval, CAA may suspend partial or entire operations of those who fail to make
improvement within the time limit or for refusing, avoiding or obstructing
inspections.
An airman shall be a citizen of the ROC, unless granted a special approval by MOTC.
Airmen
rated qualified after passing tests of theory and technology shall be issued a
professional license by CAA. Only those in possession of such a license can be
allowed to work on their respective jobs. The license should be carried with the
person in performing his or her duties.
MOTC
shall prescribe rules governing classification of ratings for the
above-mentioned airmen, eligibility for applying a professional license and
certificate of rating, items for tests of theory and technology, reexamination,
periodical rechecks, additional rating, overdue rating, procedure for foreign
airmen to apply for rating and collection of license fees.
The ratings of airmen in theory and technology as stated in paragraph one may be administered by a CAA commissioned agency or body. CAA shall prescribe measures relative to the qualification, condition, obligation and supervision of the agency or body so commissioned.
CAA
shall conduct periodical physical examinations of aircraft pilots, flight
mechanics and flight controllers as well as temporary checks.
Those
meeting the standard will be issued a Clean Bill of Health which should be
carried with the person in performing his or her duties. Those who fail to pass
the physical examination shall be suspended from duty.
CAA
shall prescribe measures relating to the preceding airmen’s bodily
constitution, timing of examination, items of examination, procedure for
requesting a review of those who fail to pass the examination and conditions for
submitting such a request for review, the length of time required, collection of
fees for such examination and rating, issuance of clean bill of health and the
basis on which those who fail to pass examination must be suspended from duty.
Airmen’s
physical examination stated in paragraph one may be handled by a CAA
commissioned agency or body. CAA shall provide measures relevant to the
qualification, condition obligation and supervision of such an agency or body so
commissioned.
Article
27
With
a view to cultivating civil aviation personnel, MOTC may consult with the
Ministry of Education (MOE) to establish a civil aviation school, or ask MOE to
increase or adjust related departments in existing academic institutions.
Any
private civil aviation training institution shall apply to MOTC for approval
prior to getting accredited.
MOCT
shall establish rules governing the above said airmen’s training institutions
with regard to classification of training, organization, application for setting
up such a school, application for a permit, its cancellation and renewal,
procedure for student enrolment, qualification of trainees, curriculum of
training, facility and equipment for training, qualification of the faculty, as
well as collection of license fees and management of training.
CAA
shall establish a state-operated air terminal with MOTC approval. Air terminals
to be operated by a municipality under direct Central Government jurisdiction
shall have application submitted to CAA for MOCT approval before such air
terminal can be established. The same applies in the event of abolishing an air
terminal.
CAA may send personnel to inspect a civil aviation training institution; to monitor its operations including employees, training, and equipment; and to monitor its business. The civil aviation training institution shall not refuse, avoid or impede such inspections, and will be notified of deficiencies if any, and shall improve within a certain period of time when so advised by the CAA.
CAA
shall establish a state operated air terminal with MOTC approval. Air terminals
to be operated by a municipality under direct Central Government jurisdiction
shall have application submitted to CAA for MOCT approval before such air
terminal can be established. The same applies in the event of abolishing an air
terminal.
An airfield may be established and operated by the central or local governments, by ROC citizens or legal persons specified in Article 10, paragraph 1, sub-paragraph 3 of this Law after applications filed with CAA and approved by MOTC in consultation with authorities concerned. The same requirements shall apply to the lease, transfer or abolition of airfields.
The operators and managers of an airfield as stated in the preceding paragraph shall be limited to ROC citizens.
Article
29-1
MOTC
shall establish rules governing application for permission to set up a private
airfield, application for a permit, registration, conditions for revocation and
abolition, cancellation and renewal, collection of permit charge, suspension of
operation or closure, flight control, meteorological forecast and weather
report, designing and planning, safety service, request for temporary takeoff
and landing and business management.
No airport and airfield shall be utilized for any other purpose without CAA approval.
MOTC shall consult with the Ministry of National Defense for using a military airport or airfield.
The installation, alteration and abolition of navigation aids within the territory shall become effective only with CAA approval.
Any person who installs such navigation aids shall comply with CAA regulations in managing these facilities.
To
bolster flight safety, CAA shall impose prohibition or restriction to a certain
extent, on the heights of buildings and other obstructions around an air
terminal, airfield or navigation aid installation and on the radiation angle of
lighting thereof, and report the proposed move to MOTC which will consult with
the Ministry of Internal Affairs (MOIA) and concerned agencies to reach
consensus for a decision. It will then be announced by the municipal and county
(city) governments. However, such a decision should not overrule any case of
existing heights or lighting angles that has been specially approved by the
Executive Yuan.
The
MOTC in conjunction with MOIA and the Ministry of National Defense (MND) shall
provide measures for regulating the heights of structures and radiation angle of
lightings thereof, within certain range surrounding an air terminal, airfield
and navigation aids, procedure for making public announcement, procedure for
screening a proposed prohibition or restriction and for approving a special
case.
Article
33
To
deal with violation of prohibition or restriction rulings referred to in the
preceding Article, CAA in conjunction with concerned agencies should notify the
owner of the obstructive structure to make improvement within a time limit or to
relocate. However, in the case of a specially approved structure as referred to
in the preceding Article, the owner should be obliged to install obstruction
lights and markings.
If
such obstructive structures were already in place at the time the prohibition or
restriction rulings were promulgated, CAA or the airfield manager shall pay
compensation for relocation or for installing obstruction lights and marking.
Article
33-1
Buildings
or other obstructive structures exceeding a certain height should have
obstruction lights and markings installed. The allowable certain heights shall
be affixed by MOTC in conjunction with the MOIA.
Animals are prohibited from entering an airport, airfield or area of navigation aids. Animals or birds that have entered any of these areas which may have endangered aviation safety may be caught and/or killed.
The raising of pigeons or releasing of any objects that may be considered hazardous to flight safety is prohibited within a certain distance from the outer boundary of an airport or airfield.
The CAA or the airfield manager shall adopt appropriate measures to prevent racing pigeons, birds or animals from entering any area that is within a certain distance from the outer boundary of an airport or airfield.
The MOTC, in conjunction with organizations concerned, shall determine and advise the public the exact distance referred to in the preceding two paragraphs.
In an effort to control the noise problem at civil airport, the CAA shall jointly collaborate with the Environment Protection Agency in the development of a noise abatement program.
CAA shall set up an ad hoc unit to carry out the task referred to in the preceding paragraph.
The land needed for public airports, airfields and navigation aids may be requisitioned by the government in accordance with the laws.
Fees
shall be paid for the use of airport, airfield, navigation aids and related
facilities. The scale of fees for using the above, for services rendered, and
for noise control will be affixed and made public by MOTC.
The noise control fees referred to in the preceding paragraph shall be used exclusively for the control of noises. It shall be used first in noise inhibiting facilities near an airport utilized by civil aircraft. Any remaining money may be used to miscellaneous items such as local resident’s health related compensation, electricity bill, house tax and land value tax.
Among various fees stipulated in paragraph 1, 8% of total amount of airport landing fees levied annually shall be earmarked as refunds to airports in accordance with the ratio each airport collect. It shall be used as a subsidy for local resident’s health related compensation, scholarship, social welfare, culture affairs, local infrastructure expenditure, and philanthropy.
The allocation and use of fees levied by paragraph 2 and 3 shall be formulated by MOTC.
An aircraft shall carry the following documents during any flight:
1) Aircraft registration certificate;
2) Airworthiness certificate;
3) Flight logbook;
4) Passenger manifest when carrying passengers;
5) Cargo and mail manifest;
6) Aircraft radio station license.
If the documents described in the preceding paragraph are not in order or invalid upon the required CAA preflight checks, the flight shall be terminated.
Special flight shall be performed only after an application filed with CAA has been approved.
The owner or operator of an aircraft with an airworthiness certificate shall give the aircraft adequate maintenance and conduct preflight inspections according to regulations to insure the aircraft remain airworthy and meets appropriate safety standards. If not airworthy, or so determined by the inspector or the pilot-in-command, the aircraft shall not be allowed to take off.
CAA shall send its staff or authorize another agency or body to send qualified technicians to inspect the aforesaid aircraft on periodical or spot-check basis in accordance with its regulations. The aircraft shall also be put under further CAA supervision. If the maintenance status falls short of airworthiness and safety requirements, the aircraft shall be grounded and its airworthiness certificate rescinded.
Civil Air Transport Enterprise shall publish its aircrafts’ ages, flight hours, the latest maintenance records, and pilots’ flight hours for passengers’ reference in choosing carriers.
Procedures for authorizing aircraft inspection, and the means or formats to publish the information mentioned in the preceding paragraph shall be formulated by MOTC.
For
the sake of flight safety, aircraft when airborne must submit to controls of
general flight, visual flight and instrument flight and also follow instructions
of flight control authority.
Measures
of control for the above said general flight, visual flight and instrument
flight shall be prescribed by CAA.
Article
41-1
Rules
governing flight operation, preparation to flight, operational limitation to the
performance of aircraft, aircraft instruments, equipment and documents, aircraft
telecommunication and navigation equipment, aircraft maintenance & repair,
the functions of flight crew, qualification of pilots and dispatchers,
handbooks, forms and records, crew members for passengers cabin and security
assignment shall be formulated by MOTC.
Article 41-2
Rules governing matters of flight safety-related such as publication of bulletins, fire-fighting, search & rescue, taking emergency measures, as well as investigation of non-aircraft accident or major incident, statistics and analysis, shall all be prescribed by CAA.
No aircraft shall be allowed to fly over prohibited areas.
Aircraft flying over restricted or dangerous areas must comply with the applicable provisions of the regulations.
Unless
specifically permitted by CAA, aircraft shall not carry firearms, ammunition,
explosives, poison gas, radioactive materials or other articles hazardous to
flight safety.
Airmen,
aircrew members and passengers shall not smuggle the abovementioned articles
into an aircraft. Neither shall they use appliances that may interfere with
aeronautical telecommunications from the time the aircraft door is shut with
announcement forbidding such use up to the time the door is reopened.
The
variety of the aforesaid appliances that may cause interference to aeronautical
telecommunications shall be published by CAA.
No object shall be dropped from an aircraft in flight, unless otherwise provided for by law, or unless the object dropped is necessary for the safety of flight or for rescue purposes.
The pilot-in-command of an aircraft is directly responsible for the safe operation of that aircraft and may take any necessary steps to deal with an emergency.
An aircraft, its passengers and cargo, shall be available for examination by appropriate authorities in accordance with law prior to and after a flight.
CAA
should help mediate in any dispute between the air carrier and passengers during
or upon completion of a flight.
If passengers ignore efforts at mediation and refuse to leave aircraft after landing, the air carrier with CAA consent may request assistance of the Air Police Bureau to persuade or force passengers to leave aircraft after landing, the air carrier with CAA consent may request assistance of the Air Police Bureau to persuade or force passengers to leave aircraft.
Measures
for mediation state in paragraph one shall be provided by CAA.
Section One Civil Air Transport Enterprise
Any person desiring to establish a civil air transport enterprise shall request MOTC through the CAA for permission to establish its business. Within a specified preparatory period the applicant shall, according to law, complete registration with appropriate authorities, execute agreements for conditional or unconditional purchase of aircraft, and submit to MOTC through CAA for approval. If an applicant’s business scope includes international transport, the applicant shall register with the Customs Office to acquire appropriate certification. The civil air transport enterprise may begin its operation only after receiving a same as business license from CAA.
The license shall become invalid if the enterprise fails to start operations within 24 months from the date the license was issued, or it has suspended operations over 6 months after starting its business. In this case, CAA shall report to MOTC to have the license revoked and notify agencies concerned to cancel its registration, unless an extension justified by special circumstances is applied for and approved through due process.
Before a civil air transport enterprise terminates its operation, advance notice must be served to MOTC through CAA. Within 30 days from termination, it should surrender the issued license for cancellation. If the license has not been surrendered within the 30-day period, CAA will issue a public notice advising that the license has been revoked.
A
civil air transport enterprise shall be formed as a company organization
adhering to the following rules:
1)
Unlimited company with the
entire body of its shareholders being citizens of the Republic of China.
2)
Limited company with over
two-thirds of its total capital owned by ROC citizens, and its board directors
being ROC citizens.
3)
Dual-partnership company
whose unlimited responsibility shareholders are all ROC citizens.
4)
Company limited by shares
with its two-thirds of capital owned by ROC citizens, and over two-thirds of its
board chairman and board directors being ROC citizens.
For
a company limited by shares, all the shares issued should be registered by name.
Article
50
A
civil air transport enterprise should have secured international air traffic
rights with relevant time zones and in possession of an air route certificate,
before it can engage in international scheduled air carrier service on assigned
air routes.
Similarly,
civil air transport enterprise should have acquired aircraft takeoff &
landing allotment for domestic airports or time zone and in possession of an air
route certificate, prior to commencing domestic scheduled air carrier service on
designated air routes.
The
points of departure, intermediate points and destinations along the designated
air routes related to in the foregoing two paragraphs, nature of service and
validation date are all specified in the air route certificate.
Guidelines
for the screening of international air traffic rights allocation stated in
paragraph one shall be formulated by MOTC.
CAA
shall prescribe measures for regulating aircraft takeoff & landing allotment
for domestic airports and time zone.
A civil air transport license or air route certificate is not transferable, and the license or certificate holder must not consider him- or herself as enjoying exclusive rights to operate the various services as prescribed in the permit or certificate thereof.
A civil air transport enterprise holding an air route certificate, or any aircraft stopping over in ROC territory shall be required to carry mail in accordance with the provisions of the ROC Postal Law.
Freight rates for airmail letters and air postal parcels shall be lower than those for ordinary air cargo.
A civil air transport enterprise shall give priority to transport airmail over that of passengers and cargo.
Civil
air transport enterprise shall notify MOTC through CAA regarding its freight
rates for moving passengers and cargo on international scheduled air routes. For
those rates on domestic scheduled air routes, shall notify MOTC through CAA to
approve the range between the highest and lowest freight rates. The
same procedure applies in the event of rate changes.
Rules
governing the utilization of airfare, special methods, application procedures
for approval, effective day and any other relevant matters shall all be
formulated by MOTC.
As
a favorable consideration to residents in remote offshore islands such as Penghu
country, Chinmen county, Lienchiang county, Lanyu island and Green island both
in Taitung county, airfare subsidies shall be offered for travel by air to and
from their residence or between offshore islands.
Aircraft
in use for the above purpose include fixed wing type and helicopters.
Air
carriers serving offshore islands with fixed wing aircraft and/or helicopters
should be rewarded.
Measures
of granting airfare subsidies as described in third paragraph and of reward in
preceding paragraph shall be drafted by MOTC for ratification by the Executive
Yuan (Cabinet).
A civil air transport enterprise shall submit periodical reports to MOTC for record through the CAA, pertaining to the following:
1) Business matters.
2) Financial matters.
3) Operations matters.
4) Maintenance matters.
5) Shareholders holding 3% or more of total shares.
Whenever deemed necessary, CAA may inspect the business and financial conditions and other relevant matters of the civil air transport enterprise.
CAA may provide personnel to inspect a civil air transport enterprise and monitor its operations including employees and equipment. The civil air transport enterprise shall not refuse, avoid or impede such inspections, and will be notified of deficiencies if any; and shall improve within a certain period of time when so advised by the CAA.
If no improvement has been made within the specified period, or the civil air transport enterprise refuses, avoids or impedes inspections, the CAA may, with MOTC approval, take action necessary to restrict or suspend all or part of the air routes served by the civil air transport enterprise.
A civil air transport enterprise shall, in addition to action taken in compliance with law, make a report to MOTC for record through CAA regarding any of the following events:
1) Increase or decrease of capital.
2) Issuance of corporate bonds.
3) Contracts entered into between one civil air transport enterprise and another, or with any other related enterprise with regard to lease, joint transport and agency matters.
4) Change or relocation of principal operations and maintenance facilities.
Article
58-1
Civil air transport enterprises
shall report to CAA with a performance plan of alliance and submit related
documentation to apply for approval and to file an application for MOTC’s
approval for their alliance before starting the alliance operation. The MOTC is able to approve such alliance with conditions,
period, limitations or burdens.
In
the event that the civil air transport enterprises fail to operate an alliance
in accordance with the performance plan, or the approved reasons for the
alliance to cease to exist, or the alliance cause violation of public interest
or civil aviation development, the CAA is entitled to withdraw its approval,
revise the contents of approval, order to stop the alliance or amend the
alliance actions.
The
alliance shall be subject to the Fair Trade Commission’s approval if the
alliance mentioned in the first paragraph meets the scope of alliance actions
under Article 7 of the Fair Trade Law. The
Reviewing Rules for Approving the Alliance shall be promulgated by MOTC together
with the Fair Trade Commission of the Executive Yuan.
To serve the needs of public interest, CAA may, with MOTC approval, instruct any civil air transport enterprise to adjust or increase designated air routes.
In the event of any urgent requirement by the government, a civil air transport enterprise shall accept the direction of MOTC to carry out designated transport assignments.
When a civil air transport enterprise is dissolved in accordance with the law, its license and air route certificate shall simultaneously become invalid. The license and air route certificate shall be returned to CAA for cancellation within 30 days.
A civil air enterprise shall not continue operation beyond the expiration date specified in the license or air route certificate unless an extension is applied for and is approved in accordance with the laws.
(Deleted)
Article
63-1
Rules governing the business items of civil air transport enterprise, limitation of eligibility, application for permission to set up business, application for a permit, registration, cancellation and renewal, amount of capital, change in company registration, procurement of aircraft, conditional purchase & sale, lease of aircraft, limitation of aircraft age, air routes preparation, application for launching a flight, approval for alliance, collection of certificate fees, business management, as well as air routes preparation of foreign civil air transport enterprise, establishment of branch office, setting up a general agent, collection of certificate charges and management of operations shall all be formulated by MOTC.
Section Two General Aviation Enterprise
Article
64
Any
person to start a general aviation business shall request permission for doing
so from MOTC via CAA and, within allotted preparatory period, complete
registration with concerned authorities, have aircraft made available capable of
undertaking a safe general aviation service duly screened by CAA for MOTC
approval. Business can begin upon issuance of a general aviation license from
CAA.
General
aviation business that fails to start operation over 12 months from the date the
CAA license was issued, or has suspended operation over six months after
start-up, shall have its license revoked by CAA, who will also notify concerned
authorities to cancel its registration, unless there are good reasons to justify
an extension.
The
aforesaid extension shall not exceed a period of six months, and it can be
granted only one time.
Article
64-1
Rules
governing the business items of general aviation enterprise, application for
permission to set up the said enterprise, application for a permit,
registration, cancellation and renewal, amount of capital, change in company
registration, procurement of aircraft, conditional purchase and sale, lease of
aircraft, limitation of aircraft age, application for making a flight,
collection of certificate charge and business management shall all be formulated
by MOTC.
Article
65
Paragraph
three of Article 48, Article 40, Article 56, Article 57and Article 60 shall
apply to the general aviation industry.
Section three Air Freight Forwarder
Article
66
Any
person aspiring to work as air freight forwarder shall apply to MOTC via CAA for
permission to set up business. Within a specified preparatory period the
applicant shall, according to law, complete registration with appropriate
authorities and submit to MOTC via CAA for approval. The forwarder-to-be may
start operation only after receiving a license from CAA.
If
the air freight forwarder fails to start up for over six months from the date
license was issued, or has suspended operation for over six months after
start-up, CAA shall advise MOTC to have its license revoked and notify concerned
authorities to cancel its registration, unless an extension with justifiable
reasons is applied for and approved.
To
close down business, the air freight forwarder shall report via CAA to MOTC for
record and, within thirty days after closure, turn in the air freight forwarder
license. If the license is not surrendered in time, CAA will make known
cancellation of the license in a public announcement.
The
extension referred to in paragraph two may not exceed six months, and will be
granted once only.
Article
66-1
Air
freight forwarder must be formed as a company organization and comply to the
following rules:
1)
Unlimited company whose
shareholders are all citizens of the Republic of China.
2)
Limited company with more
than half of its total capital owned by ROC citizens, and more than half of its
board directors are ROC citizens.
3)
Dual-partnerships company
whose unlimited responsibility shareholders are all ROC citizens.
4)
Company limited by share
whose board chairman and more than half of its board directors are ROC citizens.
The
above restrictions will not override otherwise provided in a treaty or
agreement.
A foreign air freight forwarder can set up a branch company in the ROC according to law, by applying for MOTC permission through CAA.
An air freight forwarder shall, within 6 months from the end of each year, submit to the CAA for record the following papers relating to its air freight forwarding business:
1) Balance sheet.
2) Income statement and business income tax returns.
3) Volume of freight exported and imported.
CAA may provide personnel to inspect various facilities and operations of any air freight forwarder. The forwarder shall not refuse, avoid or impede such inspections, and will be notified of any shortcomings and told to improve within a certain period.
An air freight forwarder shall not employ any of the following persons to a management position, and where there is already a person employed, he or she must be dismissed:
1) A person implicated in any one of the circumstances outlined in Article 30 of Corporate Law.
2) A person whose previous air freight forwarder license was revoked less than 5 years before assuming the managerial position.
The provision in the preceding paragraph shall apply to the company board of directors and supervisors.
Article
70-1
Rules
governing air freight forwarder, application to set up a branch office of
foreign air freight forwarder, for a license, registration, cancellation and
renewal, amount of capital, change in company registration, collection of
license fees and business management shall be enacted by MOTC.
Section four Air Cargo Distribution Center
Article
71
Any
person wishing to establish an air cargo distribution center shall apply, along
with relevant documents, to CAA for permission from MOTC. Within a specified
preparatory period, the applicant should complete registration with appropriate
authorities according to law, prepare necessary sites, equipment and facilities,
register with the customs office, obtain relevant supporting documents and
submit to MOTC via CAA for approval. Only after receiving an air cargo
distribution center license issued by CAA can the center begin operations.
In
the event the air cargo distribution center fails to start operation for more
than six months after the license was issued, or has suspended business for over
six months after starting up, the CAA shall advise MOTC to have its permission
withdrawn, then revoke the license of the air cargo distribution center and
notify concerned authorities to abolish its registration. However, an extension
may be applied for on the basis of justifiable reasons.
The
aforesaid extension, if approved, shall not exceed a period of six months, and
it can be granted just once only.
Article
72
A civil air transport enterprise may request permission from the MOTC through the CAA to set up an air cargo distribution center to self-handle the collection and distribution of cargo carried by its own aircraft.
The provision in the preceding paragraph shall also apply to foreign civil air transport enterprise, provided whose home country grants equal rights to ROC civil air transport enterprise to operate an air cargo distribution center in that country under a treaty or an agreement, or based on an equal and reciprocal principle.
Article
72-1
Rules
governing air cargo distribution center, both Chinese and foreign air transport
enterprises applying for setting up their own air cargo distribution centers to
self-handle the distribution of cargo, their business items, application for
permission to set up business, for a license, registration, cancellation and
renewal, amount of capital, change in company registration, collection of
license fees and business management, shall all be formulated by MOTC.
Article
73
.
Section Five Airport Ground Handling Services
Article
74
Any
person wishing to run an airport ground handling service shall apply to CAA for
permission from the MOTC in order to set up business. Within a specified
preparatory period, the applicant shall complete registration with appropriate
authorities according to law, and submit to MOTC via CAA for approval. Only
after receiving an airport ground handing service license issued by CAA can
business get started.
In
the event the airport ground handing service fails to start operation for more
than 12 months after the CAA license was issued, or has suspended business for
over six months after starting up, the CAA will advise MOTC to have its
permission withdrawn, then revoke the license and notify concerned agencies to
abolish the registration. However, an extension may be applied for on the basis
of justifiable reasons.
The
above said extension, when approved, shall not be in excess of six months, and
it can be granted just once only.
Article
74-1
An
airport ground handing service shall be formed as a company organization in
compliance with the following rulings:
1)
Unlimited company whose
shareholders are all citizens of the Republic of China.
2)
Limited company with more
than one half of its total capital owned by ROC citizens, and more than one half
of its board directors being ROC citizens.
3)
Dual-partnerships company
whose unlimited responsibility shareholders are all ROC citizens.
4)
Company limited by share
with more than one half of its capital owned by ROC citizens, its board chairman
and more than one half of board directors are ROC citizens.
Stocks issued by company limited by share must be registered by name.
If
otherwise provided for under a treaty or agreement, airport ground handling
service shall not be bound by restrictions in the two preceding paragraphs.
Article
75
Civil
air transport enterprise may apply for permission from MOTC via CAA to operate
concurrently an airport ground handling service.
The
foregoing provision shall also apply to foreign civil air transport service,
provided whose home country grants equal rights to ROC civil air transport
enterprise to operate airport ground handling service in that country under a
treaty or agreement, or based on an equal and reciprocal principle.
To
maintain airport security and good business order, MOTC may impose partial or
complete restrictions on the operations of the approved airport ground handling
service run concomitantly by a civil air transport enterprise, or an authorized
private airport ground handling service.
Article
75-1
Rules
governing airport ground handling service, both Chinese and foreign civil air
transport enterprises applying for concurrent operation of airport ground
handling service or private ground handling service, their business items,
application for permission to set up business, for license, registration,
cancellation and renewal, amount of capital, increase or decrease of business
items, change in company registration, collection of license fees and business
management, shall all be enacted by MOTC.
Article 48, paragraph 3, and Article 57 shall also apply to airport ground handling services.
Article
77
Paragraph
three of Article 48, Article 57, Article 74, Article 4-1and Article 75 shall
apply to the Flight Kitchen Service.
Article
77-1
Rules governing flight kitchen service, both Chinese and foreign civil air transport enterprises applying to run concurrently a flight kitchen service, their business items, application for permission to set up business, application for license, registration, cancellation and renewal, amount of capital, change in company registration, collection of license fees and business management, shall all be provided by MOTC.
Chapter VII Foreign
Aircraft or Foreign Civil air Transport Enterprise
Foreign
aircraft shall not be allowed to fly over or land in ROC territory without
permission from MOTC, unless otherwise provided for in a treaty or an agreement.
Rules
governing a foreign aircraft flying into, flying out of, and flying over ROC
territory shall be enacted by MOTC.
A foreign civil air transport enterprise may operate its aircraft on a non-scheduled flight between a point in the ROC and a point outside the ROC carrying passengers, cargo and mail with or without remuneration only after obtaining approval from the CAA.
A foreign air transport enterprise seeking to operate scheduled flights between a point in the ROC and a point outside the ROC to carry passengers, cargo and mail with or without remuneration pursuant to a treaty or an agreement, or based on an equal and reciprocal principle, shall first apply to the CAA for an air route certificate prior to its operation.
No foreign aircraft or foreign civil air transport enterprises may carry passengers, cargo and mail between two points in the ROC with or without remuneration, or operate as a general aviation enterprise in the ROC.
A foreign civil air transport enterprise seeking to establish a business partnership in the ROC shall provide all relevant documents in its application to the CAA. The CAA will forward the application to the MOTC for processing and approval in accordance with the laws. If the business partner is a branch office, the registration shall be made in accordance with the law, and the application submitted to the CAA for approval by the MOTC. A branch office may begin operations only after receiving a license for that specific branch office of the parent foreign civil air transport enterprise by the CAA, and supporting documents are obtained upon registering with the Custom Office.
Article 81 does not apply in cases where the aircraft maintenance needs of a ROC civil air transport enterprise or general aviation aircraft, or in cases where a government agency is of business purposes, provided the foreign registered aircraft is under a lease or loan approved by the MOTC for a term not to be exceed 6 months.
(Deleted)
(Deleted)
(Deleted)
(Deleted)
(Deleted)
Article
88-1
(Deleted)
Where casualties or damage to property occur as a result of aircraft accident, the owner of the aircraft shall be liable for compensation regardless of whether such accident is due to willful action or negligence. Such an owner of the aircraft shall also be liable for damage caused by force majeure. The same also applies to damage caused by falling or dropping of objects from the aircraft.
Where the damage as referred to in the preceding article is caused by an aircraft operated on lease, conditional purchase or lending, the owner and lessee, the conditional purchaser or borrower shall be jointly and severally liable. But if the said conditional purchase and lease have been registered, the lessee and purchaser shall be singly liable unless the owner is faulty for negligence.
The aircraft operator shall be liable for accidental death or injury of passengers in the aircraft or while embarking or disembarking the aircraft. But if such death or injury is attributed to the passenger’s fault, such liability may be exonerated or reduced.
The aircraft operator shall be liable for causing damage to passengers because of flight delay, provided that the aircraft operator can prove the delay is caused by force majeure. The liability shall be limited to the necessary extra expense incurred to the passengers through the flight delay.
Where damage is caused by the willful act or negligence of an airman or a third party, the owner, lessee or borrower has the right to make a claim against such airman or third party.
Where there is a special contract providing for the amount of compensation for damage to passengers and cargo or duty personnel aboard an aircraft, the special contract shall prevail. If the special contract contains discriminating clauses unfavorable to ROC citizens, the most favorable clauses shall apply. Where there is no special contract, the MOTC shall, according to related regulations or rules in this Law, and making reference to international standards for liability, prescribe rules for compensation and submit to the Executive Yuan for approval and promulgation.
The special contract referred to above shall be in writing.
The standards of liability set forth in the first paragraph shall not affect the right of the victim to bring claim in a lawsuit.
Article 93-1
The
liability of aircrafts users or carriers for loss of cargo, or checked-in
baggage shall be limited to NT$1,000 per kilo, unless the nature and value of
the cargo or baggage which have been declared to air carriers, and specified in
the airway bill or passenger tickets.
Passengers’
carry-on baggage shall be compensated for actual damages. Each
passenger shall not claim for more than NT$20,000.
Aircraft
users or carriers shall not claim for limited liability if the damage mentioned
in the first 2 paragraphs was caused by their intention or by their gross
negligence.
The above-mentioned three paragraphs shall also be applied to air cargo forwarders, airport ground handling enterprise and cargo terminal operation enterprise when claiming for compensations.
An aircraft owner shall, prior to applying for registration pursuant to Article 8; or a civil air transport enterprise, prior to applying for a license pursuant to Article 48, purchase liability insurance.
The amount of liability referred to in the preceding paragraph shall be prescribed by the MOTC, and such amount shall be complied with for effecting liability insurance.
Where a foreign aircraft operates in the ROC territory with a special permit, the MOTC may order such foreign aircraft to produce, in advance, an appropriate amount as security for liability or a certificate of insurance.
CAA may detain any foreign aircraft that fails to produce proof of liability insurance, or makes an emergency landing or crashed without a special permit to operate in the ROC territory. If there is any damage to persons or property, compensation shall be made in accordance with the ROC laws.
In the events of the circumstance described in the preceding paragraph, except where other violations of law are found, the aircraft shall be released if its owner, lessee, borrower or pilot-in-command produces proof of liability endorsed by CAA.
Litigation over damages provided for in Article 89 shall be under the jurisdiction of the court where damage occurred.
Litigation over damage provided for in Article 91 shall be under the jurisdiction of the court at the place where the contract of carriage was concluded or at the destination of the flight.
At the request of any interested party or the public prosecutor, the court may declare a person dead who has been missing for six months following the date an aircraft carrying this person was involved in an accident.
Except as otherwise provided for in this Law, all matters relating to liability for aircraft accident and jurisdiction of litigation thereof shall be governed by the provisions of the Civil Code and the Code of Civil Procedure.
Chapter IX. Ultra-Light
Article
99-1
Subject to approval by CAA to set up an activity association for ultra-light (“activity association”) and to register the association as a legal entity for community group under the laws. Through CAA’s permission, the activity association is allowed to operate after its activities guideline has been approved by MOTC together with the National Council on Physical Fitness and Sports, Executive Yuan.
The activities guideline shall include the following:
1) Applications for manufacturing, importation, registration, inspection, issuing certification and changing (reissuing) certificate for ultra light;
2) Applications for issuing and changing (reissuing) operating license for ultra-light;
3) Plan of requirement, arrangement, and application for places of activities;
4) Scope, limitation, execution of activities in airspace, safety and management of airspace;
5) Notification and handling of Flight safety-related event.
Rules
governing requirements and procedures for permission of setting up or revoking
an activity association; drafting guideline for activities; importing,
registering, inspecting, issuing certificate, changing (reissuing) certificate
for ultra-light; issuing and
changing (reissuing) operating license; operating and controlling aviation of
ultra-light; applying for activities space and contest; collecting fee
standards; notifying and handling Flight safety-related event
and so on, shall all be provided by MOTC.
Article
99-2
Owners and operators of ultra-light
shall join an activity association as members and comply with the guideline
provided by the activity association before starting activities.
Article
99-3
An ultra-light is allowed
to fly after registration, inspection and when a certification of inspection is
issued.
Before operating ultra-light
the operator of an ultra-light
shall pass a physical examination, written examination and practical examination
and then given an operating license.
The registration, inspection certificate, license for operator’s
examination mentioned in the two preceding paragraphs may be administered by CAA
or a CAA commissioned competent agency.
Article
99-4
The airspace for ultra-light
shall be defined by MOTC together with the Ministry of National Defense; and can
be revoked if and when necessary.
The above-mentioned airspace shall not include the airspace of national
parks and planned urban development region.
Nevertheless, it shall include agriculture and scenery areas or areas
approved by the Executive Yuan.
The period for use, or any other prohibitions or limitations for use of airspace mentioned in the first paragraph can be preside over by CAA for national defense, for safeguarding aviation safety, or for public interest, must be published.
The activity association shall inform its members of the publication mentioned in the preceding paragraph.
Article
99-5
The operator of ultra-light shall operate an ultra-light by visual flight, and shall not:
1) Perform aviation beyond the defined airspace for ultra-light.
2) While operating an ultra-light the operator must not have more than 0.04% alcohol in the blood or more than 0.2% milligram of alcohol when exhaling.
3) Fly after sunset and before sunrise.
Operator of an ultra-light shall avoid coming close to or hitting another aircraft, ultra-light or obstruction during flight operation.
Article
99-6
Where casualty, bodily injury or damage to property occurs as a result of operating an ultra-light, the owner of the ultra-light shall be liable for compensation regardless of whether such accident is due to willful action or negligence. Owner of the ultra-light shall also be liable for damage caused by force majeure. The same also applies to damage caused by falling or dropping objects from the ultra-light.
The owner and operator of ultra-light shall be jointly liable for damages mentioned in the preceding paragraph if the owner of ultra-light allowed a third party to operate the ultra-light.
The compensation amount for death and bodily injury in the preceding two paragraphs shall also be applied to the standards as mentioned in the rules of Paragraph 1, Article 93. The standards of liability set forth shall not affect the right of the victim to bring claim in a lawsuit.
The owner of ultra-light shall purchase liability insurance for the compensation amount mentioned in the preceding paragraph.
Article
99-7
CAA may provide personnel to inspect an activity club and its members for various equipments, business and ultra light. The activity club shall not refuse, avoid or impede such inspections, and will be notified of deficiencies if any; and shall improve within a certain period of time when so advised by CAA.
Article
99-8
Any person who hijacks an aircraft by force, threat or other means shall be subject to punishment by death, imprisonment for life, or imprisoned for not less than 7 years.
Such person who causes death to another shall be subject to the penalty of death or imprisonment for life; subject to the punishment by death, imprisonment for life or no less than 10 years while causes serious injury to another person.
Any person attempting to commit the crime described in paragraph 1 shall be punished.
Any person conspiring to commit the crime described in paragraph 1 shall be liable to imprisonment not exceeding 3 years.
Any person who endangers flight safety or aviation facilities by force, threat or other means shall be liable to imprisonment not exceeding 7 years, detention or a fine of up to NT$210,000.
Such person who caused damage to aircraft or other facilities shall be subject to imprisonment from 3 to 10 years.
Such person who causes death to another is subject to the penalty of death, imprisonment for life or more than 10 years; subject to imprisonment from 5 to 12 years for causing serious injury to another.
Any person attempting to commit the crime described in paragraph 1 shall be punished.
Any person in violation of the provisions of Article 43 shall be subject to imprisonment not exceeding 5 years, detention or a fine of up to NT$150,000.
Such person who causes death to another shall be subject to life sentence or imprisonment no less than 7 years; or subject to imprisonment from 3 to 10 years for causing serious injury to another.
Any person operating an aircraft without an airworthiness certificate shall be subject to imprisonment not exceeding 5 years, detention or a fine of up to NT$1,000,000.
The same applies also to a person flying an aircraft with an invalid airworthiness certificate.
Any person who engages in a flight without a CAA license, a CAA rating certificate and a CAA medical certificate shall be subject to imprisonment not exceeding 5 years, detention or a fine of up to NT$1,000,000.
Any person making false report to a government official, to the staff of a civil air transport enterprise, or staff of activity association of an alleged threat to aviation safety or aviation facilities without naming or identifying the violator or offender is subject to imprisonment up to 3 years, detention or a fine up to NT$1,000,000.
Any person committing the crime stated in the preceding paragraph and consequently causing real danger to flight safety shall be subject to imprisonment from 3 to 10 years; for causing damage to aircraft or casualties is subject to imprisonment for life or over 5 years.
Any person who, by fraudulence in application for certification or registration, obtains airman license, certificate of rating, medical certificate, certificate of aircraft registration or airworthiness certificate, shall be subject to imprisonment up to 5 years, detention or a fine of up to NT$1,000,000.
The license and certificates referred to above shall be revoked by CAA.
In case of violation of the provisions of Article 78, the pilot-in-command shall be subject to imprisonment not exceeding 3 years, detention or a fine of up to NT$1,000,000.
Any
airman, duty personnel aboard an aircraft, passenger, or operator of ultra-light
who violates the provisions of Article 44 without justifiable reasons shall be
subject to imprisonment not exceeding 3 years, detention or a fine of up to
NT$600,000.
Any person who violates the provisions specified in Article 42, paragraph 1 shall be subject to imprisonment not exceeding 2 years, detention or a fine of up to NT$400,000.
The responsible person of aircraft manufacturing factory or maintenance factory or facility, their employee or other hired person who undertakes the manufacture, assembly or maintenance with unqualified aircraft equipment and component parts, shall be subject to imprisonment not exceeding 3 years, detention plus a fine of up to NT$1,000,000.
Any person who commits the crime stated in the preceding paragraph to the extent of causing danger to flight safety shall be subject to imprisonment from 3 to 10 years; subject to the death sentence, imprisonment for life or up to 10 years for causing death to another; subject to imprisonment from 5 to 12 years for causing serious injury to another.
Any person who, due to negligence of duty, commits the crime stated in paragraph 1 to the extent of causing danger to flight safety shall be subject to imprisonment not exceeding 3 years, detention plus a fine of up to NT$1,000,000; subject to imprisonment up to 7 years or detention plus a fine of up to NT$3,000,000 for causing death to another; subject to imprisonment up to 5 years or detention plus a fine of up to NT$2,000,000 for causing serious injury to another.
The operator of ultra-light, who perform aviation activities beyond the limit of aviation vicinity and caused danger to aviation safety, shall be subject to imprisonment for more than six months and less than five years; subject to imprisonment for more than three years and less than ten years for causing death to another; subject to imprisonment for less than one year and less than seven years for causing serious injury to another.
Article
111
Any
airman shall be liable to a fine from NT$60,000 to NT$300,000 for any of the
following; and in serious cases, the penalty shall be the suspension of duty or
revocation of his or her license:
1)
Violation of the
provisions set forth in Article 41, for not observing flight control rules or
not following the instructions of flight control authorities.
2)
Failure to carry all
documents required of the aircraft in flight.
3)
Landing at or taking off
from a site outside an airfield without justification.
4)
Violation of the
provisions set forth in Article 41-1 pertaining to flight operation of an
aircraft.
5)
Refusal to submit to
inspection prior to taking off and/or after landing.
6)
Failure to turn in an
airman license or certificate of rating due for cancellation.
7)
Committing a technical
error that leads to the happening of an aircraft accident or a major incident.
8)
Using an expired clean
bill of health, airman license or certificate of rating.
9)
Filling in untruthful
record or falsifying flight hours.
10)
Substituting another under
an assumed name or asking another to act as substitute in signing various kinds
of certificates, records or documents.
11)
Not reporting an accident
or incident in a deliberate attempt to cover up.
12)
Making use of airman
license or certificate of rating in illegal activities.
13)
Causing serious incident
to happen for being neglectful of duty.
14)
Unlawful alteration of, or
lending to another the use of, airman license or certificate of rating.
The
above said provisions shall apply to foreign airmen hired by civil air transport
enterprise, general aviation, aircraft manufacturer or aircraft maintenance
& repair factory in the event they violate such rules in their execution of
duties.
Article
112
An
aircraft owner or user, civil air transport enterprise, general aviation, air
cargo forwarder, airport ground handling service, flight kitchen, air cargo
distribution center, airfield, aircraft manufacturer or aircraft maintenance
& repair factory, office or civil aviation training institution shall be
subject to a fine of NT$600,000 to NT$3,000,000 for any of the following; and in
serious cases, after reporting to MOTC for approval through the CAA,
the penalty shall be partial or complete suspension of business or revocation of
permits:
1)
Aircraft nationality
marking and registration number not clear or not in designated place.
2)
Failure to turn in
certificate of registration, airworthiness certificate or other certificates
issued in accordance with this Law that should have been surrendered when due
for cancellation.
3)
Violation of provisions
set forth in paragraph two of Article 9 relative to the procedure of aircraft
airworthiness management.
4)
Violation of provisions in
paragraph one of Article 23 for starting business without first taking
qualification rating and given a certificate.
5)
Violation of provisions in
paragraph one of Article 40 relative to aircraft maintenance & repair
procedures.
6)
Violation of provisions in
paragraph one of Article 41 for failure to observe flight control or follow
instructions of flight control authorities.
7)
Violation of provisions in
paragraph one of Article 41 pertaining to aircraft flight operations.
8)
Non-compliance to noise
control regulations.
9)
Violation of provisions in
paragraph one of Article 55 for failing to report for record or for permission
of setting or changing passenger and cargo fares.
10)
Violation of provisions in
paragraph one of Article 56 for failing to submit periodical report on state of
business, finance, flight operation, mechanical service or name list of
shareholders in possession of over 3% of stocks.
11)
Obstructing, avoiding or
refusing to accept inspections prescribed in paragraph two of Article 56.
12)
Violation of provisions in
Article 58, for failing to report increase or decrease of capital, issuance of
company bonds, contracts of lease, of connection carriage and franchise, or
change or relocation of major flight operation and mechanical service
facilities.
13)
Violation of first
paragraph of Article 58-1, for operating alliance without approval.
14)
Other acts such as
rejecting, avoiding or impeding an inspection or scheduled for improvement under
the Law, and failing to make correction of irregularities or deficiencies, and
improvement not corrected or completed within a given deadline.
Any
person who undertakes without permission to run a civil air transport
enterprise, general aviation, air freight forwarder, airport ground handling
service, flight kitchen or air cargo distribution center shall be subject to a
fine from NT$600,000 to NT$3,000,000.
Article
112-1
For
reporting on one’s own initiative to CAA on any undetected violation covered
in the preceding two Articles, CAA may impose lesser penalty or grant
exoneration judging by the seriousness of the case.
Any aircraft manufacturing factory or maintenance and repair factory shall be subject to a fine of NT$1,000,000 to NT$3,000,000 for committing the crime stated in Article 110 by their responsible person, any employee or other hired person.
Any
aircraft manufacturing factory or maintenance & repair factory, in the
execution of their operations, shall be liable to a fine from NT$600,000 up to
NT$3,000,000 for any one of the following events; in serious cases, may be
ordered to suspend operations partially or wholly, or have their rating
certificates revoked:
1)
Failure to conform to the
technical documents certified by CAA, or by the civil aviation authority in the
country where the original manufacturer is located, in executing a major project
of overhaul or reconstruction.
2)
Performing repair or
reconstruction of items uncertified; or lacking the necessary special equipment,
facility, tools, or technical documents which working on any items certified.
3)
Failure to keep their
maintenance & repair capacity, inclusive of all staffs, facilities,
equipment, tools and instruments up to the standards prescribed in the
certificate of rating; or failure to conduct on their own periodical
inspections.
4)
Their equipment, method
and procedures used in maintenance & repair or in reconstruction not
conforming to the technical documents issued by the original manufacturer or
endorsed by CAA.
5)
Using special tools or
test equipment not in compliance with the recommendation of the original
manufacturer, or not using alternate formula endorsed by CAA.
6)
Undertaking a long-term
commitment of aircraft maintenance without following the maintenance program of
the user or owner.
7)
The repaired or
reconstructed aircraft, engines, propellers, instruments, radio equipment or
accessory parts having not been subjected to final inspection by qualified
inspectors, so that personnel considered eligible by CAA cannot sign the proper
work record or hang tags of certifications onto the repaired or reconstructed
articles to prove they are safe for use.
8)
Failure to have a complete
set of records of the maintenance & repair and reconstruction works, or
failure to properly keep such records on file.
9)
After being rated and
certified, failing to execute operation in accordance with the technical
documents endorsed by CAA; or for erasing, altering, falsifying records, or for
holding back report on major inefficiency of quality control systems, or on
critical flaws, lapsed efficacy or deficiency of products.
Violation of provisions in paragraph six of Article 23 pertaining to rules for the management of manufacturers or the management of certification thereof.
Any foreign civil air transport enterprise found in violation of this Law, the decrees issued pursuant to this Law, or the provisions of a treaty or an agreement, in addition to penalties prescribed in this Law, the CAA may cancel its air route certificate, or suspend its business totally or partially.
Private
air field manager and navigation aids installer shall be subject to a fine from
NT$600,000 to NT$3,000,000 for any of the following, in addition to being
ordered to make improvement, dismantle, relocate or to install as the case may
be, within a given deadline, and the penalty shall be repeated if work has not
been satisfactory completed before the deadline:
1.Violation
of provisions set forth in paragraph one of Article 29, relative to setting up,
lease, transfer or abolishing an airfield without permission.
2.Violation
of provisions in Article 31, relative to setting up, changing or abolishing
domestic navigation aids installation without permission, or not following
regulations in managing the diverse equipment.
A private air field operator or manager shall be subject to a fine from NT$300,000 to NT$1,500,000 for any one of the following:
1) Concurrent use of airfield for other purposes without permission.
2) Abolition of airfield, putting it to lease or rent, without permission.
3) Collection of airfield charges not conforming to regulations.
4) Failure to comply with the rules in managing navigation aids facilities.
Violation
of any one of the following shall result in a fine from NT$300,000 to
NT$1,500,000.
1)
Violation of provisions
set forth in paragraph one of Article 33, for failing to make improvement,
dismantle, relocate, or to install obstruction lights and markings within a time
limit.
2)
Violation of provisions in
paragraph one of Article 33-1, for not having installed obstruction lights and
markings.
3)
Violation of provisions in
paragraph one of Article 34, for intrusion of livestock traced to have been set
loose by its owner.
4)
Violation of provisions in
paragraph two of Article 34, relative to rising of pigeons or releasing of
objects considered hazardous to flight safety.
5)
Failure by civil air
transport service to remove all its transit passengers from an airport terminal
within the scheduled time limit.
The
owners referred to in item one and item two of the preceding paragraph, after
being fined and still not in compliance, shall continue to be fined until they
fulfill their obligations. If necessary, the airport authority and aviation
police bureau will notify concerned government agency to remove the
construction, lights or any other obstructions.
With respect to Item 4, the airport and aviation police bureau in
conjunction with concerned police agencies will notify the owner of pigeon shack
to remove it within a time limit. CAA or airport manager shall give compensation
for the removal. Failure to remove within time limit or building a pigeon shack
again shall result in the pigeon shack forcibly pulled down without
compensation.
Airport
authority and aviation police bureau, in conjunction with concerned police
agencies, shall take action to clamp down on the release of objects hazardous to
flight safety.
Violation of paragraph 3 of Article 40 for civil air transport enterprise shall be imposed with a fine from NT$60,000 to NT$300,000.
Any owner, operator or
activities association shall be liable to a fine from NT$600,000 up to
NT$3,000,000 for any one of the following offenses; in serious cases, may be
ordered to suspend operations or activities, or have their ultra-light operation
certificates revoked:
1)
Paragraph 1 of Article 99-1, for operating activities.
2) Violation of Article 99-2, for not joining activities association to operate activities, or failing to comply with activities guidelines.
3) Violation of paragraphs 1 and 2 of Article 99-3, for performing aviation activities without certification of airworthiness for ultra-light and or operation certificates for ultra-light.
4) Violation of paragraph 3 of Article 99-4, for utilization of period, or prohibition, and limitation.
5) Violation of paragraph 4 of Article 99-4, for activities association’s failure to notify its members.
6) Violation of paragraph 1 of Article 99-5, for prohibitions specified.
7) Violation of paragraph 2 of Article 99-5, for close-by or crash between ultra-light and any other aircraft, ultra-light or obstacle.
8) Violation of paragraph 4 of Article 99-6, for failure to purchase liability insurance
9) Violation of Article 99-7, for rejecting, avoiding or impeding an inspection or failing to make correction within a given deadline.
In the event of refusal to pay penalties imposed pursuant to this Law within the specified time limit shall be referred to court for compulsory enforcement.
CAA
may, making reference to the
standards, recommendations, measures or procedures outlined in relevant
international conventions and annexes thereto, propose to MOTC for adoption of
provisions involving international affairs not covered in this Law, for their
promulgation and implementation.
A flat fee, to be set by MOTC, shall be assessed for any certificates issued according to provisions of this Law.
This Law shall become effective on the date of promulgation.
