中華人民共和國(guó)民用航空器適航管理?xiàng)l例
發(fā) 文 號(hào):國(guó)務(wù)院發(fā)布
發(fā)布單位:國(guó)務(wù)院發(fā)布
he relevant provisions.Article 12Where any units or individuals of the People's Republic of China intend toimport any model of civil aircraft manufactured in foreign countries, andif it is imported for the first time and to be used for civil aviationactivities, the units or individuals exporting that civil aircraft shallapply to the CAAC for examination of the model. The CAAC shall, uponreceipt of the application, conduct the examination of the model of thecivil aircraft in accordance with the relevant provisions. If the model isproved to be up to standard, a Certificate for Model Approval shall beissued to permit the import.
Article 13A foreign civil aircraft leased by any unit or individual of the People'sRepublic of China may engage in flight operations only after the CAAC hasexamined and approved the airworthiness certificate issued by the countryof registry of the said aircraft or only after the CAAC has issued a newAirworthiness Certificate to the aircraft.Article 14Any units or individuals that have obtained Airworthiness Certificates fortheir civil aircraft shall, in accordance with the relevant provisions ofthe CAAC and its mandates of airworthiness, use and maintain the saidcivil aircraft and ensure that they are in a state of permanentairworthiness.Article 15The addition or modification of a civil aircraft for which anAirworthiness Certificate has been obtained shall be subject to theapproval of the CAAC and the essential components and accessories involvedshall be subject to the examination and approval of the CAAC.Article 16Any maintenance units or individuals inside or outside the People'sRepublic of China that intend to undertake maintenance services for civilaircraft registered in the People's Republic of China shall apply to theCAAC for a Maintenance Permit. Only after the CAAC has examined theirmaintenance facilities, technical personnel and quality control system,found them up to standard and issued a Maintenance Permit may they engagein the maintenance business activities within the scope approved.Article 17Maintenance technical personnel in charge of maintaining and releasingcivil aircraft registered in the People's Republic of China shall apply tothe CAAC and only after the CAAC or a unit authorized by the CAAC hasexamined them and found them qualified and they have thus obtained aMaintenance Personnel Licence or a similar certificate may they engage inthe maintenance and release of civil aircraft.Article 18Fees shall be charged for the examination of the airworthiness of a civilaircraft. The amounts to be charged and relevant procedures for chargingshall be set by the CAAC in conjunction with the Ministry of Finance.Article 19The CAAC shall have the right to examine regularly or selectively theunits or individuals that manufacture, use or maintain civil aircraft, aswell as the civil aircraft for which Airworthiness Certificates have beenobtained. If they fail to pass the examination or selective examination,the CAAC shall impose penalties on them in accordance with the relevantprovisions of these Regulations and may, in addition to that, revoke theirrelevant documents.
Article 20If any units or individuals that use civil aircraft for flight activitiesare found in any one of the following circumstances, the CAAC shall havethe right to order them to suspend flight and impose a fine on them inaccordance with the seriousness of the case:1. no Airworthiness Certificate has been obtained for the civil aircraft;2. the Airworthiness Certificate of the civil aircraft has expired; or3. the civil aircraft has been used beyond the scope prescribed in theAirworthiness Certificate.Article 21If any units or individuals that maintain civil aircraft are found in anyof the following circumstances, the CAAC shall have the right to orderthem to suspend the maintenance business or revoke their MaintenancePermit and impose a fine on them in accordance with the seriousness ofcase:1. no Maintenance Permit has been obtained and yet maintenance businesshas been procured without authorization;2. maintenance business has been undertaken beyond the business scopeprescribed in the Maintenance Permit; or3. personnel who have not obtained a Maintenance Personnel Licence havebeen put in charge of the maintenance and release of civil aircraft.Article 22If any units or individuals, in violation of the provisions in Article 7of these Regulations, manufacture civil aircraft without authorization,the CAAC shall have the right to order them to suspend the manufacturingand impose a fine on them in accordance with the seriousness of the case.Article 23The superior competent authorities in charge of the penalized units inaccordance with these Regulations shall, based on the proposal of theCAAC, subject the principal persons in charge of the penalized units orother persons directly responsible to administrative sanctions. If thecase is so serious as to constitute a crime, criminal liabilities shall beinvestigated by the judicial organs in accordance with the law.Article 24If accidental death or bodily injury or heavy losses in property haveoccurred as a result of negligence in the work of airworthinessadministration, the CAAC shall assume the liability for damages andsubject the persons directly responsible to administrative sanctions. Ifthe act of the persons directly responsible constitutes a crime, thejudicial organs shall investigate their criminal liabilities in accordancewith the law.
Article 25The CAAC personnel engaged in airworthiness administration who takeadvantage of their positions and powers to seek personal gains and graftand corruption shall be subjected to administrative sanctions. If the caseis so serious as to constitute a crime, criminal liabilities shall beinvestigated by the judicial organs in accordance with the law.Article 26Any units or individuals that do not accept the decision of the CAACconcerning the imposition of a fine may, within 15 days of receipt of thenotice of the fine, apply to the CAAC for reconsideration or directly filea suit with a people's court. If no application for reconsideration issubmitted or no suit is filed and yet the decision has not been executedat the expiry of the prescribed period of time, the CAAC may apply to thepeople's court for the enforcement of the decision.Article 27The CAAC shall, on the basis of the opinions widely solicited from theMinistry of Aeronautic Industry and the various departments concerned,formulate the rules for the implementation of these Regulations and therelevant technical standards.Article 28The CAAC shall be responsible for the interpretation of these Regulations.Article 29These Regulations shall become effective as of June 1, 1987.