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：次
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To view this page ensure that Adobe Flash Player version 9.0.124 or greater is installed. (1) Governing the flight of aircraft; (2) For the navigation, protection, and identification of aircraft; (3) For the protection of persons and property on the ground; and (4) For the efficient utilisation of the navigable airspace, including rules as to safe altitude of flight and rules for the prevention of collision between aircraft, between aircraft and land or water vehicles and objects, and between aircraft and airborne objects. (b) FACILITIES AND PERSONNEL. The Director is authorised to provide, as required in the interest of aviation safety, the necessary facilities and personnel for the regulation and protection of air traffic. (c) LIMITS ON AUTHORITY. The authority granted to the Director under this Section shall be exercised only in that airspace for which air traffic control responsibility has not been assigned to a foreign country by international agreement or other arrangement. (d) NATIONAL DEFENCE AND CIVIL NEEDS. In exercising the authority granted in, and discharging the duties imposed by this Act, the Director shall give full consideration to the requirements of national defence, of commercial and general aviation and to the public right of transit through the navigable airspace. § 410. COMMERCIAL AIR TRANSPORT SECURITY (a) SCREENING. The Director shall prescribe reasonable regulations requiring that all passengers and all property intended to be carried in the aircraft cabin in commercial air transport be screened by weapon detecting procedures or facilities employed or operated by employees or agents of the air operator or foreign air operator prior to boarding the aircraft for such transportation. (b) PROTECTION AGAINST VIOLENCE AND PIRACY. The Director is hereby authorised to prescribe such other reasonable rules and regulations requiring such practices, methods, and procedures as the Director may find necessary to protect persons and property aboard aircraft operating in commercial air transport against acts of criminal violence and aircraft piracy. (c) PROCEDURES FOR INSPECTIONS, DETENTIONS, AND SEARCHES. The Director shall, to the extent practicable, require uniform procedures for the inspection, detention, and search of persons and property in domestic commercial air transport and international commercial air transport to assure their safety and to assure that they will receive courteous and efficient treatment by air operators and their agents and employees. § 411. TRAINING SCHOOLS (a) AUTHORITY TO OPERATE. The Director may conduct a school or schools for the purpose of training employees of the Authority in those subjects necessary for the proper performance of all authorised functions of the Authority. The Director also may authorise attendance at courses given in such schools by other governmental personnel and personnel of foreign governments, or personnel of the aeronautical industry. (b) OFFSET OF TRAINING COSTS. The Director is hereby authorised, where appropriate, to require payment of appropriate consideration to offset the costs of training provided by such school or schools. § 412. ACCIDENT INVESTIGATION Note: The determination of cause for aviation accidents is normally entrusted to a governmental authority different from the Civil Aviation Authority. Combining analysis for probable cause with safety regulation and enforcement within the same governmental organisation presents the potential for continuing conflict. (a) REPORTING OF ACCIDENTS. The Director shall promulgate rules and regulations governing the notification and reporting of accidents and incidents involving aircraft. (b) GENERAL AUTHORITY TO INVESTIGATE. Except as provided in subsection (c) of this Section, the Director shall have— (1) The power and shall investigate, or arrange by contract or otherwise for the investigation of, accidents involving civil aircraft occurring in [STATE] and civil aircraft registered in [STATE] occurring outside the territory of any foreign country for the purpose of determining the facts, conditions, and circumstances relating to each accident and the probable cause thereof. (2) The authority to participate in the investigation of accidents involving aircraft registered in [STATE] and occurring in the territory of a foreign country, consistent with any treaty, convention, agreement, or other arrangement between [STATE] and the country in whose territory the accident occurred. (c) ACCIDENT PREVENTION. The Director shall take any corrective actions which, on the basis of the findings of the accident investigations authorised under this Section, that, in the judgement of the Director, will tend to prevent similar accidents in the future. (d) INVESTIGATION OF ACCIDENTS WITHIN MILITARY SITES. Notwithstanding any other provision of this Section, and , the investigation of an accident involving aircraft occurring within military sites in [STATE] or an accident involving solely an aircraft of the armed forces of any foreign country occurring in [STATE] shall be the responsibility of the military. For the purposes of this subsection, the term "military sites" means those areas within [STATE] which are under the control of the military of [STATE] or the military of another country. (e) USE AS EVIDENCE. No part of any report or reports of the Director relating to any accident or the investigation thereof, shall be admitted as evidence or used in any suit or action for damages growing out of any matter mentioned in such report or reports. § 413. FLIGHT STANDARDS INSPECTORATE (a) ESTABLISHMENT. The Director is authorised to establish an organisation to assist in carrying out the responsibilities of the Director’s office for licensing, certification and on-going inspections of aircraft, airmen and air operators. (b) FACILITIES AND PERSONNEL. The Director is authorised to provide, as required in the interest of aviation safety, the necessary facilities and personnel for the Flight Standards Inspectorate for the performance of their function. (c) The organisations that must be included in this inspectorate are— (1) Airworthiness Inspection Division. (2) Flight Operations Inspectorate. (3) Personnel Licensing. (4) Aviation Medical Branch § 414. VALIDATION (a) The Director is authorised, in the discharge of certification and inspection responsibilities, to validate the actions of the civil authority of another State in lieu of taking the specific action, with the following restrictions: (b) For actions on airman or airworthiness certificates, the other State must be a signatory to the Chicago Convention and be fulfilling their obligations under the Chicago Convention with respect to the issuance and currency of these certificates. (c) For actions applicable to Air Operators, the Director must exercise discretion and require supporting documents. The Director should ensure that, when validation is based on the actions of another civil aviation authority, there is no information to indicate that State does not meet their obligations under the Chicago Convention regarding certification and on-going validation of their air operators. § 415. RIGHT OF ACCESS FOR INSPECTION (a) The Director shall be authorised access to civil aircraft without restriction wherever they are operated within [STATE] for the purposes of the ensuring that those aircraft are airworthy and being operated in accordance with this Act, regulations issued under this Act, and applicable ICAO Annexes. (b) The Director shall be authorised access to civil aircraft registered in [STATE] without restriction wherever they are operated in the world for the purposes of ensuring that these aircraft are airworthy and are being operated in accordance with this Act and applicable regulations and directives. (c) The Director shall be authorised access by [STATE] Air Operators any place and any time to conduct any tests or inspections in order to determine that those operations are conducted in accordance with this Act and applicable regulations and directives. § 416. AUTHORITY TO PREVENT FLIGHT (a) The Director is authorised to direct the operator or airman of a civil aircraft that the aircraft is not to be operated in situations where— (b) The aircraft may not be airworthy; or (c) The airman may not be qualified or physically or mentally capable for the flight; or (d) The operation would cause imminent danger to persons or property on the ground. (e) The Director may take such steps as are necessary to detain such aircraft or airmen. § 417. AUTHORITY RESPECTING THE TRANSPORTATION OF DANGEROUS GOODS BY AIR (a) The Director shall monitor and enforce compliance with the provisions of Annex 18 to the Chicago Convention and the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air, and is authorised to submit variations to the Technical Instructions on behalf of [STATE] where necessary. Note: States with a Republic form of government will use § 418 and the paragraph in § 419 relating to a Republic. States with a Parliamentary System of government will use the paragraph in § 419 relating to a Parliamentary system. § 418. INTERNATIONAL OBLIGATIONS – REPUBLIC (a) In exercising and performing powers and duties under this Act, the Director shall act consistently with any obligation assumed by the Government of [STATE] under any international treaty, convention and agreement that may be in force between the Government of [STATE] and any foreign countries. (b) Authority to enter into Regional Cooperative Aviation Safety Agreements — Republic (c) The Director shall encourage regional cooperation in the regulation and administration of aviation safety. (d) The Director may enter into agreements for co-operative endeavours in aviation safety with other regional contracting States to the Convention on International Civil Aviation. In doing so, the Director shall have the authority, in co-ordination with [Name of Foreign Ministry or Department of Foreign Affairs], to negotiate, agree to, and manage any such regional international agreement. The Director may, where appropriate to civil aviation safety and the public interest, further delegate certain aviation safety tasks under the international agreement to citizens of [STATE] or to citizens of the contracting State with which [STATE] has entered into an international regional agreement. |
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