TAIWAN (FORMOSA) CIVIL AERONAUTICS ACT Proclaimed by order of the President on May 30th, in the 42nd year of the Republic of China (1953 A.D.) 1 CHAPTER I-DEFINITIONS For the purposes of this Act: Article 1 "Aircraft" shall mean an airplane, airship, balloon, and any other craft used for flight and navigation in the air. Article 2 "Aviation enterprise" shall mean any undertaking engaged in the construction, operation or management of an aviation activity. Article 3 "Landing field" shall mean any locality, on land or water, which is used for the takeoff and landing of aircraft. "Airdrome" shall mean a landing field and its adjoining facilities for the shelter, repair, and maintenance of aircraft, and for the loading and discharging of passengers and cargo. Article 4 "Aviation personnel" shall include aircraft pilots, navigators, flight radio operators, flight mechanics and others engaged in maintenance of aircraft engines, air traffic control or aircraft dispatching. Article 5 "Flight" shall mean the takeoff, the travel through the air, the landing and the taxiing on the landing field of an aircraft. Article 6 "Civil air transport enterprise" shall mean any undertaking engaged directly in the transportation by air of mail, passengers and cargo. Article 7 "Approach area" shall mean that area at each end of the runway of a landing area on water or land that has been designated as such 1 Laws of the Republic of China (Taipeh, Taiwan, 1958), vol. 2, p. 2201. by the Ministry of Communications in accordance with the length of the respective runway. Article 8 "Flight routes" shall mean the airspace designated by the Ministry of Communications as being suitable for the navigation of aircraft. Article 9 "Air navigation facilities" shall include air communications, meteorological services, and any other kind of service intended to guide and help aircraft in the navigable airspace and for flight safety. Article 10 "Prohibited area" shall mean any designated area over which the flight of aircraft is forbidden. If the prohibition is based on reasons of a military nature the said area shall be designated by the Ministry of Defense. If the prohibition is based on reasons of flight safety, the said area shall be designated by the Ministry of Communications. Article 11 "Flight control" shall mean the operation of guiding and directing an aircraft in flight. Article 12 "Approach flight control zone" shall mean the area, and the airspace above it extending upwards to a specified height, of the landing field and a determined area surrounding it. The said area and its airspace shall be determined by the Ministry of Communications. Article 13 The definitions in, and the application of this Act shall be limited to civil aviation. CHAPTER II-GENERAL PROVISIONS Article 14 The Ministry of Communications shall establish a Civil Aeronautics Bureau to manage and control civil aviation enterprises. The organization of this Bureau shall be defined in another Act. Article 15 No foreigner shall engage in any aviation enterprise or own any private aircraft within the territory of the Republic of China except as provided by Article 17 of this Act. Article 16 No foreign civil aircraft shall fly over, or land in the territory of the Republic of China without obtaining special permission from the Ministry of Communications. Article 17 This Act shall apply to foreign civil aircraft and foreign civil air transport enterprises of a State which has concluded a bilateral agreement with the Republic of China regulating the rights of flight over, and the loading and unloading of passengers and cargo in certain designated districts of the territory of the Republic of China. Any such flight which does not come within the scope of this Act may be regulated in accordance with applicable international civil aviation treaties or agreements. CHAPTER III-AIRCRAFT Article 18 Any citizen, and the government and official organizations of the Republic of China may own private aircraft. Article 19 The owner of an aircraft shall apply to the Ministry of Communications for registration. After investigation and approval, a certificate of registration shall be granted. Unless a certificate of registration has been cancelled the owner of a registered aircraft shall not apply to another State for registration. No aircraft registered in another State shall be registered in the Republic of China until the cancellation of the original registration is effected. Article 20 The owner of an aircraft holding a certificate of registration shall apply to the Ministry of Communications for an examination of his aircraft; if the conclusion of the examination is satisfactory a certificate of airworthiness shall be issued. Article 21 Any aircraft coming within the terms of one of the following paragraphs shall be deemed to be the aircraft of the Republic of China: a) when it belongs to a citizen of the Republic of China; b) when it belongs to the central or local government agencies of the Republic of China; c) when it belongs to a juridical person that has been established in accordance with the law of the Republic of China and which has its main office in the Republic of China. Such juridical person shall comply with one of the following provisions: i. in the case of an unlimited company, all the shareholders shall be citizens of the Republic of China; ii. in the case of a mixed liability company or a mixed joint stock company, all the unlimited liability shareholders shall be citizens of the Republic of China; iii. in the case of a limited joint stock company, the chairman of the board of directors or the general manager and over two thirds of the board of directors shall be citizens of the Republic of China; iv. all the representatives of any other kind of juridical person shall be citizens of the Republic of China. Any aircraft not belonging to the Republic of China shall not be entitled to registration in the Republic of China. Article 22 After the registration of an aircraft, the nationality mark of the Republic of China and the registration number shall be placed on the aircraft in an easily visible position. Article 23 The certificate of registration shall become invalid when one of the following events occurs: a) the right of ownership in the aircraft is transferred; b) the aircraft is destroyed or damaged; c) the aircraft is dismantled or abandoned; d) the aircraft loses its nationality. Article 24 The certificate of airworthiness shall become invalid when one of the following events occurs: a) the date of expiration has passed; b) the certificate of registration becomes invalid; c) the aircraft does not comply with the conditions of flight safety. Article 25 The Ministry of Communications shall announce the invalidation of the certificate of registration and of the certificate of airworthiness at the time of their becoming invalid; such certificates shall be returned by the holder thereof within twenty days from their invalidation. Article 26 The Ministry of Communications shall cancel the registration of an aircraft and order the return of the certificate of registration in the event of the registered aircraft contravening the second paragraph of Article 19 or paragraphs of (a), (b) or (c) of Article 21. Article 27 In addition to the cancellation under Articles 25 and 26 of this Act, the Ministry of Communications shall cancel the registration of an aircraft when the certificate of registration becomes invalid. Article 28 Unless otherwise expressly provided in this Act, the law concerning movable property under the Civil Code shall apply to aircraft. Article 29 Any aircraft may be the object of a mortgage. Article 30 The transfer of the right of ownership in, the establishment of a mortgage over, or the lease of an aircraft shall be registered; the absence of such registration shall be a bar to any action against third parties. Article 31 Articles 13 to 16 inclusive, and Articles 18 to 21 inclusive of the Maritime Law shall apply to co-ownership of aircraft. Article 32 Unless otherwise expressly provided by this Act or by law, an aircraft shall not be subject to detention, seizure or provisional seizure from the time the flight begins and during the journey. CHAPTER IV-AVIATION PERSONNEL Article 33 Any member of the aviation personnel shall be a citizen of the Republic of China. A citizen of any friendly country, that grants reciprocity, who has obtained a pilot's license and an authorization certificate from the Chinese Government may operate in the territory of the Republic of China. Article 34 The Ministry of Communications shall issue a pilot's license and an authorisation certificate to aviation personnel who have successfully passed the examination. Aviation personnel shall be entitled to operate only after obtaining the said certificates; the said certificates shall always be carried during operation. Article 35 The Ministry of Communications may hold an inspection of aviation personnel at any time. In the case of a technical, physical or personal deficiency the right of the aviation personnel to operate shall be limited, suspended or revoked. Article 36 The Ministry of Communications may cooperate with the Ministry of Education for the purpose of establishing civil aeronautical schools to train aviation personnel and to promote civil aviation enterprises. |