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中华人民共和国民用航空法(一)

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中华人民共和国民用航空法
Civil Aviation Law of the People's Republic of China

主席令第五十六号
(Adopted at the 16th Meeting of the Standing Committee of the Eighth National People's Congress on October 30, 1995, promulgated by Order No. 56 of the President of the People's Republic of China on October 30, 1995 and effective as of March 1, 1996)
颁布日期:19951030  实施日期:19960301  颁布单位:全国人民代表大会常务委员会

  Contents

  Chapter I General Provisions

  Chapter II Nationality of Civil Aircraft

  chapter III Rights of Civil Aircraft

  Section 1 Basic Principles

  Section 2 Ownership and Mortgage of Civil Aircraft

  Section 3 Civil Aircraft Liens

  Section 4 Lease of Civil Aircraft

  Chapter IV Airworthiness Management of Civil Aircraft

  Chapter V Airmen

  Section 1 Basic Principles

  Section 2 Crew

  Chapter VI Civil Airport

  Chapter VII Air Navigation

  Section 1 Airspace Management

  Section 2 Flight Management

  Section 3 Flight Support

  Section 4 Essential Documents for Flight

  Chapter VIII Public Air Transport Enterprise

  Chapter IX Public Air Transport

  Section 1 Basic Principles

  Section 2 Transport Documents

  Section 3 Liability of the Carrier

  Section 4 Special Provisions Governing Air Transport Performed by Actual Carrier

  Chapter X General Aviation

  Chapter XI Search and Rescue and Accident Investigation

  Chapter XII Liability for Damage to Third Parties on the Surface

  Chapter XIII Special Provisions Governing Foreign Civil Aircraft

  Chapter XIV Application of Law to Foreign-related Matters

  Chapter XV Legal Liability

  Chapter XVI Supplementary Provisions

  Chapter I General Provisions

  Article 1 This Law is enacted with a view to safeguarding the national sovereignty of territorial airspace and the rights of civil aviation, to ensuring the conduct of civil aviation activities in a safe and orderly manner, to protecting the lawful rights and interests of the parties concerned in civil aviation activities, and to promoting the development of civil aviation industry.

  Article 2 The airspace above the land territory and territorial waters of the People's Republic of China is the territorial airspace of the People's Republic of China. The People's Republic of China has complete and exclusive sovereignty over its territorial airspace.

  Article 3 The competent civil aviation authority under the State Council exercises unified supervision and administration over civil aviation activities in the whole country; issues regulations and decisions concerning civil aviation activities within the scope of its authority in accordance with laws and the decisions of the State Council.

  The regional civil aviation administrative organs set up by the competent civil aviation authority under the State Council supervise and administer the civil aviation activities in their respective regions in accordance with the authorizations of the competent civil aviation authority under the State Council.

  Article 4 The State supports the development of civil aviation industry, and encourages and supports the progress of scientific research and education in the field of civil aviation and the improvement of civil aviation science and technology.

  The State supports the development of civil aircraft manufacturing industry so as to provide safe, advanced, economical and suitable civil aircraft for civil aviation activities.

  Chapter II Nationality of Civil Aircraft

  Article 5 “Civil aircraft” as referred to in this Law means aircraft other than those used in flight missions of military, customs and police services.

  Article 6 A civil aircraft that has performed its nationality registration with the competent civil aviation authority under the State Council of the People's Republic of China according to law has the nationality of the People's Republic of China, and shall be issued a nationality registration certificate by the competent civil aviation authority under the State Council.

  The competent civil aviation authority under the State Council shall set up a Civil Aircraft Nationality Register of the People's Republic of China to exclusively record matters concerning nationality registration of civil aircraft.

  Article 7 The following civil aircraft shall perform the nationality registration of the People's Republic of China:

  (1) The civil aircraft of a State organ of the People's Republic of China;

  (2) The civil aircraft of a corporate enterprise set up in accordance with the law of the People's Republic of China; if such corporate enterprise has foreign investment in its registered capital, its organizational structure and composition of personnel, and the proportion of contribution of Chinese investor shall conform to the provisions of administrative rules and regulations; and

  (3) Other civil aircraft, the registration of which is approved by the competent civil aviation authority under the State Council.

  Where a civil aircraft was leased from abroad, the lessee being in conformity with the provisions of the preceding paragraph, and the crew of the civil aircraft is provided by the lessee, the latter may apply for the nationality registration of the People's Republic of China, provided that the original nationality registration of such aircraft has been cancelled.

  Article 8 A civil aircraft which has acquired the nationality of the People's Republic of China according to law shall display the specified nationality mark and registration mark.

  Article 9 A civil aircraft shall not possess dual nationality. Application for the nationality registration of the People's Republic of China shall not be filed for a civil aircraft which has not cancelled its nationality of a foreign country.

  Chapter III Rights of Civil Aircraft

  Section 1 Basic Principles

  Article 10 The rights to a civil aircraft as referred to in this Chapter include the rights to the airframe, engines, propellers, radio apparatus of the civil aircraft and all other articles intended for use in such civil aircraft, no matter whether they are installed thereon or separated temporarily therefrom.

  Article 11 The person entitled to the rights of a civil aircraft shall register the following rights respectively with the competent civil aviation authority under the State Council:

  (1) The ownership of the civil aircraft;

  (2) The right for the acquisition and possession of the civil aircraft through an act of purchase;

  (3) The right to possess the civil aircraft in accordance with a lease contract covering a lease term of six months or over; and

  (4) Mortgage of the civil aircraft.

  Article 12 A register of the rights of civil aircraft shall be maintained by the competent civil aviation authority under the State Council. Matters registered concerning the rights of one and the same civil aircraft shall be recorded in the same register of rights.

  Matters registered concerning the rights of civil aircraft may be made available to the public for inquiry, reproduction or extraction.

  Article 13 Unless a civil aircraft was the subject of a forced auction sale in accordance with the law, the nationality registration of such civil aircraft or the registration of rights thereof shall not be transferred abroad before the registered rights of such aircraft are compensated or before the consent of the person entitled to the aforesaid rights is given.

  Section 2 Ownership and Mortgage of Civil Aircraft

  Article 14 The acquisition, transference and extinction of the ownership of a civil aircraft shall be registered with the competent civil aviation authority under the State Council; no acquisition, transference or extinction of the ownership of the civil aircraft shall act against a third party unless registered.

  The transference of the ownership of a civil aircraft shall be made by a contract in writing.

  Article 15 Where a State-owned civil aircraft is authorized by the State to be operated, administered or utilized by a legal person, the provisions of this Law concerning the owner of civil aircraft shall be applicable to such legal person.

  Article 16 The mortgage of a civil aircraft shall be established by registering the mortgage of the civil aircraft with the competent civil aviation authority under the State Council jointly by the mortgagee and the mortgagor; no mortgage may act against a third party unless registered.

  Article 17 Once a mortgage is established on a civil aircraft, the ownership of the mortgaged civil aircraft shall not be transferred without the consent of the mortgagee.

  Section 3 Civil Aircraft Liens

  Article 18 A civil aircraft lien is the right of the claimant, subject to the provisions of Article 19 of this Law, to take priority in compensation against the owner and lessee of the civil aircraft with respect to the civil aircraft which gave rise to the said claim.

  Article 19 The following obligatory rights shall be entitled to civil aircraft liens:

  (1) Remuneration for rescuing the civil aircraft; and

  (2) Necessary expenses incurred for the custody of the civil aircraft.

  With respect to the obligatory rights specified in the preceding paragraph, that arising later shall be satisfied first.

  Article 20 The creditor of the civil aircraft liens specified in Article 19 of this Law shall register his obligatory rights with the competent civil aviation authority under the State Council within three months commencing from the date of the end of rescue or custody.

  Article 21 For the common interests of creditors, the expenses incurred in enforcing the decision of the People's Court and in the course of auction sale shall be deducted and paid first from the proceeds of the auction sale of the civil aircraft.

  Article 22 A civil aircraft lien shall have priority over the mortgage of a civil aircraft.

  Article 23 Where the obligatory rights provided in Article 19 of this Law are transferred, the civil aircraft liens attached thereto shall be transferred accordingly.

  Article 24 A civil aircraft lien shall be enforced by the People's Court by arresting the civil aircraft that gave rise to the said civil aircraft lien.

  Article 25 A civil aircraft lien shall be terminated at the expiry of three months commencing from the date of the end of rescue or custody; except that the creditor has registered his obligatory rights according to the provisions of Article 20 of this Law and that the case is under one of the following circumstances:

  (1) The creditor and debtor have reached agreement on the amount of the said obligatory rights; or

  (2) The legal action concerning the obligatory rights has started.

  A civil aircraft lien shall not be extinguished because of the transference of the ownership of the civil aircraft; except that the civil aircraft was the subject of a forced auction sale in accordance with law.

  Section 4 Lease of Civil Aircraft

  Article 26 A civil aircraft lease contract, including financing lease contract and other lease contracts, shall be made in writing.

  Article 27 The “financing lease of civil aircraft” means that the lessor acquires a civil aircraft pursuant to the selection of the lessee with respect to supplier and civil aircraft, and leases it to the lessee, who shall pay rental periodically.

  Article 28 During the period of financing lease, the lessor shall be legally entitled to the ownership of the civil aircraft, and the lessee shall be legally entitled to the rights of possession, utilization and earnings of the civil aircraft.

  Article 29 During the period of financing lease, the lessor shall ensure the lessee to possess and use the civil aircraft without interference; the lessee shall take proper care of the civil aircraft and keep it in the condition in which it was delivered, subject to fair wear and tear and to any modification of the civil aircraft agreed by the lessor.

  Article 30 When the financing lease contract comes to an end, the lessee, unless exercising a right to purchase the civil aircraft or to hold the civil aircraft on lease for a further period in accordance with the contract, shall return the civil aircraft to the lessor in the condition specified in Article 29 of this Law.

  Article 31 The supplier in the financing lease of a civil aircraft shall not be liable to both the lessor and the lessee at the same time in respect of the same damage.

  Article 32 During the period of financing lease, the lessee may transfer the right of the possession of the civil aircraft as well as other rights under the lease contract only with the consent of the lessor and without jeopardizing the interests of third parties.

  Article 33 In the case of a financing lease, or other leases covering a period of six months or longer, the lessee shall register his right of possession of the civil aircraft with the competent civil aviation authority under the State Council; no such lease may act against a third party unless registered.

  Chapter IV Airworthiness Management of Civil Aircraft

  Article 34 Application shall be filed with the competent civil aviation authority under the State Council for type certificate for the designing of civil aircraft and its engines, propellers and on-board equipment. A type certificate shall be issued accordingly if found qualified through examination.

  Article 35 Application shall be filed with the competent civil aviation authority under the State Council for production certificate and maintenance certificate for the production and maintenance of civil aircraft and its engines, propellers and on-board equipment. A corresponding certificate or certificates shall be issued accordingly if found qualified through examination.

  Article 36 Where a civil aircraft and its engines, propellers and on-board equipment produced by a foreign manufacturer are imported into China for the first time, such foreign manufacturer shall file an application with the competent civil aviation authority under the State Council for type validation certificate. A type validation certificate shall be issued if found qualified through examination.

  Where a civil aircraft and its engines, propellers and on-board equipment, for which a type certificate has been issued in a foreign country, are produced for the first time in China, the holder of the type certificate shall file an application with the competent civil aviation authority under the State Council for type validation certificate. A type validation certificate shall be issued if found qualified through examination.

  Article 37 A civil aircraft possessing the nationality of the People's Republic of China may fly only if it holds an airworthiness certificate issued by the competent civil aviation authority under the State Council.

  Application shall be filed with the competent civil aviation authority under the State Council by the manufacturer for export airworthiness certificate with respect to the export of civil aircraft and its engines, propellers and on-board equipment. An export airworthiness certificate shall be issued if found qualified through examination.

  A foreign civil aircraft on lease may fly only after the competent civil aviation authority under the State Council has examined and rendered valid its airworthiness certificate issued by the State in which the nationality of such aircraft was originally registered, or has issued a new airworthiness certificate therefor.

  The regulations for the airworthiness of civil air-craft shall be formulated by the State Council.

  Article 38 The owner and lessee of a civil aircraft shall use the aircraft in accordance with the scope of use prescribed in airworthiness certificate, conscientiously carry out the maintenance of the aircraft and ensure its airworthiness.

  Chapter V Airmen

  Section 1 Basic Principles

  Article 39 The “airmen” as referred to in this Law means the following flight personnel and ground personnel engaged in civil aviation activities:

  (1) Flight personnel, including pilots, navigators, flight engineers, flight radio operators and cabin attendants; and

  (2) Ground personnel, including civil aircraft maintenance personnel, air traffic controllers, flight dispatchers and aeronautical radio station operators.

  Article 40 An airman may perform the duty specified in his licence only if he has received professional training, and has been qualified through examination and issued a licence by the competent civil aviation authority under the State Council.

  Flight personnel and air traffic controllers shall, before obtaining licences, also be subject to the check of the physical examination unit approved by the competent civil aviation authority under the State Council, and obtain the physical examination certificate issued by the competent civil aviation authority under the State Council.

  Article 41 Flight personnel shall, in performing flight missions, carry on their persons licences and physical examination certificates and be subject to the check of the competent civil aviation authority under the State Council.

  Article 42 Airmen shall be subject to the periodical or non-periodical inspection and examination of the competent civil aviation authority under the State Council. Only those qualified in inspection and examination may continue to perform the duties specified in their licences.

  Flight personnel shall also take part in periodical training of emergency procedures.

  Flight personnel who have exceeded the time limit of interruption in flight prescribed by the competent civil aviation authority under the State Council shall be subject to inspection and examination; with the exception of cabin attendants, flight personnel shall also go through instruction flight. Only those qualified through inspection, examination and instruction flight may continue to perform the duties specified in their licences.

  Section 2 Crew

  Article 43 The crew of a civil aircraft is composed of a pilot-in-command and other flight personnel. The pilot-in-command shall be a pilot possessing the technique and experience of independently piloting that type of civil aircraft.

  The composition of a crew and the number of its members shall conform to the regulations of the competent civil aviation authority under the State Council.

  Article 44 The pilot-in-command is responsible for the operation of the civil aircraft, and shall strictly perform his duties to protect the safety of the civil aircraft and persons and property carried therein.

  Orders issued by the pilot-in-command within the scope of his functions and powers shall be implemented by all the persons carried by the civil aircraft.

  Article 45 The pilot-in-command shall carry out necessary inspection of the civil aircraft before flight; no civil aircraft shall takeoff unless inspected.

  Where and when a pilot-in-command discovers that the civil aircraft, airport and weather conditions do not conform to the requirements prescribed and cannot ensure flight safety, he has the right to refuse takeoff.

  Article 46 The pilot-in-command has the right to take necessary and appropriate measures in flight, under the prerequisite of ensuring flight safety, against any acts which may destroy the civil aircraft, interfere with the order on board and jeopardize the safety of persons or property therein, and any other acts jeopardizing flight safety.

  In case of extraordinary circumstances in flight, the pilot-in-command shall have authority as to disposition of the civil aircraft so as to ensure the safety of the aircraft and the persons therein.

  Article 47 The pilot-in-command has the right to ask for a change of crew member(s) in order to ensure flight safety if he discovers that the crew member(s) are not suitable for performing the flight mission.

  Article 48 In case a civil aircraft is in distress, the pilot-in-command has the right to take all necessary measures, and direct the crew members and other persons on board the aircraft to take rescue measures. In case of emergency which necessitates evacuation from the civil aircraft in distress, the pilot-in-command must take measures first to organize passengers to leave the civil aircraft safely; no crew member shall leave the civil aircraft unless authorized by the pilot-in-command; the pilot-in-command shall be the last to leave the aircraft.

  Article 49 In case an accident occurred to a civil aircraft, the pilot-in-command shall report in time the state of the accident accurately to the competent civil aviation authority under the State Council directly or through air traffic control unit.

  Article 50 When a pilot-in-command received SOS signals from a ship or another aircraft, or discovered a ship or an aircraft and the persons therein in distress, he shall report the state of distress in time to the nearest air traffic control unit and give possible, rational assistance.

  Article 51 In case a pilot-in-command is unable to perform his duties in flight due to one reason or another, the pilot holding a post next only to him shall act on his behalf; the owner or lessee of the civil aircraft shall assign a new pilot-in-command to take over before the aircraft takes off at the next place of stop.

  Article 52 In the case of a civil aircraft with only one pilot and without the need to have other flight personnel, the provisions of this Section concerning the pilot-in-command shall be applicable to such pilot.

  Chapter VI Civil Airport

  Article 53 The “civil airport” as referred to in this Law means a defined area, including any subsidiary buildings, installations and equipment, intended to be used for the takeoff, landing, taxiing, parking and other activities of civil aircraft.

  The civil airport referred to in this Law does not include temporary airfield.

  The measures for the management of airports used by both military and civil air operations shall be separately formulated by the State Council and the Central Military Commission jointly.

  Article 54 The construction and utilization of civil airports shall be subject to overall arrangement and rational distribution, and the efficiency of airport utilization shall be raised.

  The plan of distribution and construction of civil airports in the whole country shall be formulated jointly by the competent civil aviation authority under the State Council and other departments concerned under the State Council, and shall be implemented after being approved in accordance with the procedures prescribed by the State.

  The People's Governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate the civil airport construction plans of their own administrative areas on the basis of the national plan of civil airport distribution and construction, and incorporate such plans into the national economic and social development programs at their respective levels after being approved in accordance with the procedures prescribed by the State.

  Article 55 The civil airport construction plan shall be coordinated with city construction planning.

  Article 56 The construction, modification and extension of a civil airport shall conform to the plan of civil airport distribution and construction formulated according to law and to the standards of civil airport, and shall be subject to the approval of the competent authority concerned and implemented in accordance with State regulations.

  A construction project of civil airport not conforming to the plan of civil airport distribution and construction formulated according to law shall not be approved.

  Article 57 With respect to the construction and extension of a civil airport, an announcement shall be issued by the local People's Government at or above the county level in the place where the civil airport is located.

  The announcement prescribed in the preceding paragraph shall be published in main local newspapers, and posted in areas around the airport to be constructed or extended.

  Article 58 The following activities are prohibited within the limits of civil airport defined according to law and within the airport obstacle clearance protection zone defined according to State regulations:

  (1) The construction of buildings or facilities that will possibly affect flight safety by emitting large amount of smoke, dust, flames and waste gas in the air;

  (2) The construction of buildings or facilities that will affect flight safety such as shooting range and storage of strong explosives;

  (3) The construction of buildings or facilities that do not meet the requirements of obstacle clearance of the airport;

  (4) The installation of lights, signs or objects that will affect the use of airport visual navaid;

  (5) The growing of plants that will affect flight safety or affect the use of airport navaid;

  (6) The keeping and setting free of birds and other objects that will affect flight safety; and

  (7) The construction of buildings or facilities that will affect the electromagnetic environment of the airport.

  Herding of livestock within the limits of civil airport defined according to law is prohibited.

  Article 59 Before the issue of announcement concerning the construction and extension of a civil airport, the buildings, structures, trees, lights and other obstacles existing within the limits of the civil airport defined according to law and within the airport obstacle clearance protection zone defined in accordance with State regulations that might affect flight safety shall be removed within prescribed time limit; the damage caused thereby shall be compensated or other remedial measures shall be taken according to law.

  Article 60 After the issue of announcement concerning the construction and extension of a civil airport, the buildings, structures, trees, lights and other obstacles, that affect flight safety, built, planted or put up in violation of this Law and the provisions of relevant administrative rules and regulations by any unit or individual within the limits of the civil airport defined according to law and within the airport obstacle clearance protection zone defined in accordance with State regulations shall be removed by the order of the local People's Government at or above the county level in the place where the airport is located; the damage caused thereby shall be borne by the person who built, planted or put up such obstacles.

  Article 61 In accordance with the relevant regulations of the State, movement obstacle lights and marks shall be installed on high buildings or facilities, outside the civil airport and its obstacle clearance protection zone defined according to State regulations, that will possibly affect flight safety, and shall be kept in normal condition.

  Article 62 A civil airport may be opened to traffic only if it holds an airport operating licence.

  A civil airport may apply for an airport operating licence if it meets the following conditions and has been checked and accepted as qualified according to State regulations:

  (1) It has available a movement area, a terminal area, a working area and service facilities and personnel corresponding to its operation;

  (2) It has available air traffic control, communication, navigation and meteorological facilities and personnel that can ensure flight safety;

  (3) It has available security protection conditions conforming to State regulations;

  (4) It has an emergency plan to deal with extraordinary circumstances and corresponding facilities and personnel; and

  (5) It has available other conditions prescribed by the competent civil aviation authority under the State Council.

  An international airport shall also have the conditions for operating international air transport and be provided with customs and other port inspection organs.

  Article 63 A civil airport operating licence shall be applied for by airport administrative organ to the competent civil aviation authority under the State Council, and shall be issued after the application being examined and approved by the competent civil aviation authority under the State Council.

  Article 64 The establishment of an international airport shall be reported by the competent civil aviation authority under the State Council for the examination and approval of the State Council.

  The opening to traffic of an international airport shall be announced to the public by the competent civil aviation authority under the State Council; the data of an international airport shall be exclusively provided by the competent civil aviation authority under the State Council.

  Article 65 A civil airport shall take measures to ensure the safety of personnel and property in the airport in accordance with the provisions of the competent civil aviation authority under the State Council.

  Article 66 A civil airport used by civil aircraft for the purpose of transporting passengers and cargo shall be equipped with necessary facilities to provide good service to passengers, shippers and consignees in accordance with the standards provided by the competent civil aviation authority under the State Council.

  Article 67 A civil airport administrative organ shall protect well the environment of the civil airport in accordance with the provisions of the laws and administrative rules and regulations concerning environmental protection.

  Article 68 A user's charge and a service charge shall be paid for the use of civil airport and its navaid by a civil aircraft; the rates of user's charge and service charge shall be formulated jointly by the competent civil aviation authority under the State Council and the finance department and the competent authority of prices under the State Council.

  Article 69 Where a civil airport is abandoned or used for other purposes, the civil airport administrative organ shall go through the formalities of reporting and approval in accordance with State regulations.

  Chapter VII Air Navigation

  Section 1 Airspace Management

  Article 70 The State exercises unified management over the airspace.

  Article 71 In delineating the airspace, consideration shall be given to the requirements of both civil aviation and the security of national defence and to public interest for the rational, full and effective utilization of the airspace.

  Article 72 The specific measures for airspace management shall be formulated jointly by the State Council and the Central Military Commission.

  Section 2 Flight Management

  Article 73 Responsibility for the control of aircraft operating within a defined, controlled airspace shall be vested in a single air traffic control unit.

  Article 74 The approval of an air traffic control unit shall be obtained for a civil aircraft to conduct flight activities in a controlled airspace.

  Article 75 A civil aircraft in flight shall follow the air route and fly at the altitude specified by the air traffic control unit; permission shall be obtained from the air traffic control unit if a deviation from the air route or a change in flight altitude specified is necessary for one reason or another.

  Article 76 Aircraft flying in the territory of the People's Republic of China must observe unified rules of the air.

  A civil aircraft performing visual flight shall observe visual flight rules and keep a safe separation from other aircraft and ground obstacles.

  A civil aircraft performing instrument flight shall observe instrument flight rules.

  The rules of the air shall be formulated jointly by the State Council and the Central Military Commission.

  Article 77 No crew member of a civil aircraft shall perform a flight mission if his flight time or time on duty exceeds the time limits prescribed by the competent civil aviation authority under the State Council.

  No crew member of a civil aircraft shall perform a flight mission if his work capacity is impaired by the effect of alcoholic beverage, narcotic or other drugs.

  Article 78 No civil aircraft shall fly into a prohibited area unless it is specially approved in accordance with State regulations; no civil aircraft shall fly into a restricted area unless it observes the prescribed conditions of restriction.

  The prohibited area and restricted area specified in the preceding paragraph are defined in accordance with State regulations.

  Article 79 No civil aircraft shall fly across the airspace over a city except in one of the following circumstances:

  (1) It is necessary for takeoff, landing or specified air route;

  (2) The flight altitude is high enough to permit the civil aircraft to leave the airspace over the city in the event of emergency without undue hazard to persons or property on the surface;

  (3) The flight has been approved in accordance with the procedures prescribed by the State.

  Article 80 Nothing shall be dropped or sprayed from a civil aircraft in flight except in one of the following circumstances:

  (1) It is indispensable for flight safety; or

  (2) It is indispensable for performing a rescue mission or other flight missions conforming to the public interest of the society.

  Article 81 No civil aircraft shall fly out of the territorial airspace of the People's Republic of China unless approved.

  Where a civil aircraft is leaving the airspace of the People's Republic of China without authorization, the department concerned has the right to take necessary measures to stop it in accordance with concrete conditions.

  Section 3 Flight Support

  Article 82 An air traffic control unit shall provide air traffic services to civil aircraft in flight, including air traffic control service, flight information service and alerting service.

  The purpose of providing air traffic control service is to prevent collisions between civil aircraft and aircraft, and between civil aircraft and obstacles, and maintain and expedite an orderly flow of air traffic.

  The purpose of providing flight information service is to provide advice and information useful for the safe and efficient conduct of flights.

  The purpose of providing alerting service is to notify appropriate organizations regarding aircraft in need of search and rescue aid, and assist such organizations as required.

  Article 83 In the event that an air traffic control unit discovers a civil aircraft deviated from its specified air route or lost its course, it shall rapidly take all necessary measures to enable the aircraft to regain course.

  Article 84 Necessary navigation, communication, meteorological and ground monitoring equipments shall be installed on the air route.

  Article 85 The natural obstacles that affect flight safety on air route shall be marked on aeronautical charts; flight obstacle lights and marks shall be installed on man-made obstacles that affect flight safety on air route and shall be kept in normal condition.

  Article 86 The construction of a shooting range or other facilities that will possibly affect flight safety is prohibited within the area extending 30 kilometers from the edges of an air route, unless it is a shooting range for flat trajectory light weapon.

  The construction of a fixed or temporary air shooting ground beyond the area prescribed in the preceding paragraph shall be subject to approval according to relevant State regulations; the shooting direction of an air shooting range shall not intersect an air route.

  Article 87 Any activity that will possibly affect flight safety may be carried out only after being approved according to law with necessary measures being taken to ensure flight safety.

  Article 88 The competent civil aviation authority under the State Council shall exercise control over civil aviation radio stations and the special frequencies assigned to be used by civil aviation system according to law.

  No radio station or other instrument and device used by a unit or an individual shall hinder the normal use of civil aviation special radio frequencies. Where harmful interference has been caused to civil aviation special radio frequencies, the unit or individual concerned shall rapidly remove such interference; the use of such radio station or other instrument and device shall be stopped before the removal of the interference.

  Article 89 The post and telecommunication enterprise shall give priority in service to civil aviation telecommunication transmission.

  The State meteorological organ shall provide necessary meteorological data to civil aviation meteorological organ.

  Section 4 Essential Documents for Flight

  Article 90 A civil aircraft engaged in flight operation shall carry the following documents:

  (1) Civil aircraft certificate of nationality registration;

  (2) Civil aircraft certificate of airworthiness;

  (3) Appropriate licences for crew members;

  (4) Civil aircraft journey log book;

  (5) If the civil aircraft is equipped with radio apparatus, its radio station licence;

  (6) If the civil aircraft carries passengers, a list of their names and places of embarkation and destination;

  (7) If the civil aircraft carries cargo, a manifest and detailed declarations of the cargo; and

  (8) Other documents that should be carried according to the flight mission.

  Where a civil aircraft fails to carry the documents as listed in the preceding paragraph according to regulations, the competent civil aviation authority under the State Council or the regional civil aviation administrative organ authorized by it may prohibit such civil aircraft to take off.

  Chapter VIII Public Air Transport Enterprise

  Article 91 “Public air transport enterprise” means a corporate enterprise engaged in the transport of passengers, baggage, mail or cargo with civil aircraft for the purpose of making profit.

  Article 92 In establishing a public air transport enterprise, application shall be filed with the competent civil aviation authority under the State Council for operating licence, and registration with the administrative department for industry and commerce shall be performed according to law; where a public air transport enterprise fails to obtain operating licence, no registration shall be performed for such enterprise by the administrative department for industry and commerce.

  Article 93 The establishment of a public air transport enterprise shall satisfy the following conditions:

  (1) It has the civil aircraft conforming to the requirements of ensuring flight safety as stipulated by the State;

  (2) It has the necessary airmen who have been issued licences according to law;

  (3) It has the registered capital not less than the minimum limit prescribed by the State Council; and

  (4) Other conditions prescribed by laws and administrative rules and regulations.

  Article 94 The provisions of the Company Law shall be applicable to the form of organization and institutional framework of public air transport enterprises.

  Where the form of organization and institutional framework of the public air transport enterprises established before the implementation of this Law do not completely conform to the provisions of the Company Law, original provisions can continue to be followed, and the date of the application of the provisions in the preceding paragraph shall be specified by the State Council.

  Article 95 A public air transport enterprise shall take the assurance of flight safety, the regularity of flight and the provision of good service as guiding principles, and take effective measures to improve transport service quality.

  A public air transport enterprise shall educate and require its staff and workers to strictly perform their duties, and conscientiously accomplish the services of transporting passengers and cargo with refined manners and thoughtfulness.

  In the event of delay in passenger transport flight, relevant information shall be announced in time in the airport.

  Article 96 A public air transport enterprise shall apply to the competent civil aviation authority under the State Council for approval with respect to the air route to be operated for scheduled air services, and the suspension or termination of the operation of air route.

  A public air transport enterprise operating scheduled air services shall have its timetable published.

  Article 97 The chargeable business items of a public air transport enterprise shall be determined by the competent civil aviation authority under the State Council.

  The measures for the control of tariff of domestic air transport shall be formulated jointly by the competent civil aviation authority under the State Council and the competent authority of prices under the State Council, and shall be implemented after being approved by the State Council.

  The tariff of international air transport shall be implemented in accordance with the provisions of the agreements signed between the Government of the People's Republic of China and foreign governments; in the absence of any agreement, the tariff shall be formulated with reference to the market prices of international air transport, and shall be implemented after being approved by the competent civil aviation authority under the State Council.

  Article 98 The operation of non-scheduled air transport by a public air transport enterprise shall be subject to the approval of the competent civil aviation authority under the State Council, provided that it shall not affect the normal operation of scheduled air transport.

  Article 99 A public air transport enterprise shall formulate a security plan in accordance with the public air transport security regulations formulated by the State Council, and report to the competent civil aviation authority under the State Council for the record.

  Article 100 No public air transport enterprise shall carry articles the transport of which is prohibited by the provisions of laws and administrative rules and regulations.

  No public air transport enterprise shall carry munitions of war and implements of war unless approved by the competent civil aviation authority under the State Council.

  Passengers bringing on their persons articles the transport of which is prohibited by the provisions of laws and administrative rules and regulations are prohibited from flying in a civil aircraft.

  Article 101 A public air transport enterprise shall observe the relevant regulations of the State in the transport of dangerous articles.

  The consigning of dangerous articles for shipment under the name of non-dangerous articles is prohibited.

  Passengers bringing dangerous articles on their persons are prohibited from flying in a civil aircraft. Passengers bringing firearms or controlled knives are prohibited from flying in a civil aircraft unless they are performing official duties and approved in accordance with State regulations. The consigning of dangerous articles as baggage for shipment against the provisions stipulated by the competent civil aviation authority under the State Council is prohibited.

  The names of dangerous articles shall be prescribed and published by the competent civil aviation authority under the State Council.

  Article 102 No public air transport enterprise shall carry passengers who refused to accept security inspection, nor shall it carry baggage which have not gone through security inspection against State regulation.

  A public air transport enterprise must carry out security inspection or take other measures to ensure the security of the cargo it undertakes to transport in accordance with the provisions stipulated by the competent civil aviation authority under the State Council.

  Article 103 The civil aircraft of a public air transport enterprise engaged in international air transport and the persons, baggage and cargo carried therein shall accept the inspection of such competent authorities as frontier inspection, customs and quarantine; provided that unnecessary delay shall be prevented at the time of inspection.

  Article 104 A public air transport enterprise shall give priority to the transport of mail in accordance with the provisions of relevant laws and administrative rules and regulations.

  Article 105 A public air transport enterprise shall be covered by insurance against liability for third parties on the surface.

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