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民航規章 CIVIL AVIATION REGULATIONS 1

時間:2015-01-22 15:14來源:藍天飛行翻譯公司 作者:民航翻譯 點擊:

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INTRODUCTION TO THE MODEL CIVIL AVIATION SAFETY ACT AND MODEL REGULATIONS
[STATE] is a Signatory to the Convention on International Civil Aviation (Chicago Convention, signed at Chicago on 7 December 1944).  Under Article 12 of the Convention, [STATE], as a Contracting State, is obligated to adopt measures to insure safety through conformity with international standards in its safety oversight obligations.  The fundamental elements of national safety oversight are legislation establishing and empowering a civil aviation authority in [STATE], and the promulgation of specific operating regulations for civil aviation.
The Model Civil Aviation Safety Act and the Model Regulations are published to assist the government of [STATE] in carrying out its aviation safety oversight responsibilities.  The Model Civil Aviation Safety Act and the Model Regulations provide primary information sufficient to allow [STATE] to meet its overall safety oversight responsibilities and to emphasize [STATE]'s commitment to aviation safety.  Under Articles 37 and 38 of the Chicago Convention, [STATE] has agreed to conform to the standards and recommended practices (SARP) presented by the International Civil Aviation Organization (ICAO) in a series of ICAO Annexes addressing subjects ranging from the licensing of airmen to the shipment of dangerous goods by air.  Each ICAO Annex sets forth ICAO standards, which are the minimum standards required for operation in international aviation by aircraft registered in a Contracting State.  Recommended practices set forth in each ICAO Annex, while not mandatory, provide information about what standards should be adhered to in order to insure aviation safety.
MODEL CIVIL AVIATION SAFETY ACT
The Model Aviation Safety Act (Act) provides a legal basis for the establishment of a Civil Aviation Authority, or CAA in [STATE], referred to in the Model Statute and the Model Regulations as the “Authority.”  The Act establishes the Authority under the Director of Civil Aviation, and defines both the duties and the authority granted the Director under the law of [STATE].  Subchapters I through IV address the organization, administration, general powers, and duties of the Authority.  Subchapter V requires the registration of aircraft in [STATE] and makes the maintenance of a system of recordation of such registration a matter of law.  Subchapter VI sets forth the statutory bases for safety regulation by the Authority, including the certification of aviation personnel and entities, the duties required of aviation operators and airmen, the power of inspection granted the Authority and prohibitions applicable to all citizens of [STATE] respecting aviation.  Subchapter VII sets forth the civil and criminal penalties that may be imposed by the Authority for violations of the law or the regulations, and Subchapter VIII establishes the procedure that is to be followed by the Authority in enforcement action.  Statutory authority for the economic regulation of air operators is also necessary, but due to the variation in national systems, no such language is provided in this Model Civil Aviation Safety Act.
It is recognized that most Signatories to the Chicago Convention may already have a civil aviation law.  The purpose of the Model Civil Aviation Safety Act is to provide the basis for review and modification of existing law, where such review and modification is deemed necessary by [STATE].
MODEL REGULATIONS
The Model Regulations present ICAO standards as regulatory requirements for aircraft expected to operate internationally from and into [STATE].  Where applicable, ICAO recommended standards are included for completeness.  Each model regulation presents the standards and recommended practices in the appropriate ICAO Annex supplemented by sections from the United States Federal Aviation Regulations (14 CFR) and/or the European Joint Aviation Requirements (JAR).  Supplementation by 14 CFR or JAR allows efficient implementation of the basic ICAO standards and recommended practices, based upon the experience gained by the FAA and the JAA.  In some instances, modern regulatory practice in aviation either exceeds the ICAO Annex requirements or regulates in areas not yet addressed by the ICAO.  Where Model Regulations exceed the requirements of a specific ICAO Annex, or address an area not covered by the ICAO Annex, those model regulations will be based upon the appropriate provisions of 14 CFR and the JAR.
Modern aviation practice presents complex situations to an Authority.  These model regulations attempt to address the present situation faced by most countries, with aircraft operating both within the country and in international aviation.  One of the assumptions underlying the Model Regulations is that most aircraft registered in [STATE] will have the range to operate in both local and international aviation.  Simplicity in the regulation of civil aviation under such circumstances supports the consistent application of ICAO rules throughout the aviation community within [STATE].
In most cases, a modern Authority must account for a number of different situations while regulating its aviation community.  The key to satisfactory assurance of safety and accountability is the use of efficient and effective means of communication and data transfer.  The Model Regulations assume that the following situations will be present in [STATE], and in most Contracting States:
• there are aircraft registered in [STATE] that were designed and manufactured in another Contracting State;
• there are aircraft registered in [STATE] that were designed in one Contracting State and manufactured in another Contracting State;
• [STATE] may have Air Operator Certificate (AOC) holders who operate aircraft registered in another Contracting State, which may have different states of design and manufacture;
• [STATE] may have AOC holders who are part of a regional consortium, with operations and maintenance facilities in a neighboring country;
• [STATE] international air carriers may operate in countries requiring pilot’s licenses with terms and conditions additional to those required by ICAO Annex 1, and which differ from one country or region to another;
• [STATE] may host air operators and/or aviation repair facilities that are required to follow the regulations of another country or region in addition to those of [STATE];
The Model Regulations are presented in eleven Parts.  Part 1, General Policies, Procedures and Definitions, sets forth the basic rules of construction and application of the regulations, definitions applicable to more than one Part, and the rules governing the administration of licenses and certifications.  Of special interest are the Implementing Standards that accompany each Part.  These Implementing Standards provide detailed requirements that support the intent of a regulation presented in a Part, but gain the force and effect of the governing regulations only if specifically referred to in the governing regulation.  Implementing Standards are used in the Model Regulations to allow an Authority the flexibility to incorporate new practices or procedures as they become available without the procedures required for promulgation of legally binding regulations.
Part 2 addresses the licensing of personnel.  Article 32 of the Chicago Convention requires [STATE] to issue certificates of competency and licenses or validate such certificates or licenses issued by other Contracting States to the pilot of every aircraft and to other members of the operating crew of every aircraft engaged in international navigation.  The basis of this obligation is the goal of promoting and conducting safe and regular aircraft operations through the development and implementation of internationally acceptable certification and licensing processes.  If the same process is extended to domestic operations, [STATE] can ensure the overall safety of aircraft operation through unification of licensing requirements.  ICAO Annex 1, Personnel Licensing, presents the broad international specifications for personnel licensing agreed upon by Contracting States.  Most of the specifications in ICAO Annex 1 are not given in enough detail to satisfy the day-to-day management of a country’s personnel licensing activities.  Part 2 of the Model Regulations presents detailed requirements for the general rules of licensing and detailed requirements for the certification of airmen, pilots, non-pilot flight crewmembers, and airmen, such as mechanics, who are not flight crew.  Part 2 also presents medical standards for the granting of licenses and certification, and for the administration of medical examinations.  The licensing and medical standards are based upon ICAO Annex 1, as well as both 14 CFR and the JAR.
Part 3 of the Model Regulations addresses the certification and administration of Aviation Training Organizations (ATO).  No ICAO Annex presently covers international standards for an ATO.  Consequently, Part 3 relies heavily upon regulations presented in 14 CFR and the JAR.  The use of an ATO for the training and qualification of airmen is common in modern aviation, most particularly as operators upgrade their aircraft inventory and airmen transition to new aircraft.  The interrelation between ATO requirements under Part 3 and the licensing and certification requirements of Part 2 is plain.  Even if [STATE] does not have an ATO located in the country, the requirements for ATO operation do apply to the standards required for adequate training for qualification for a [STATE] certification.  Thus, [STATE] citizens who receive training from a foreign ATO should be trained by an ATO meeting [STATE] standards.  This situation will be encountered when a [STATE] holder of an Air Operator Certificate (AOC), such as a national airline, is part of a regional consortium with AOC holders from other Contracting States in the region, and the consortium has established an ATO in only one of the regional Contracting States.  The regulations set forth in Part 3 allow for this situation.

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