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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II APPLICATION FOR THE BUSINESS LICENSING FOR NON-SCHEDULED FLIGHTS CHAPTER III DECISION ON THE BUSINESS LICENSING FOR NON-SCHEDULED FLIGHTS CHAPTER IV RESTRICTIVE CONDITIONS ON THE BUSINESS LICENSING FOR NON-SCHEDULED FLIGHTS CHAPTER V LOAD STATISTICS FOR THE BUSINESS LICENSING FOR NON-SCHEDULED FLIGHTS CHAPTER VI LEGAL LIABILITIES CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. These Detailed Rules are formulated according to Article 176 of the Civil Aviation Law of the People's Republic of China and Article 4 of the Interim Provisions on the Administration of Non-scheduled Flights in the Civil Air Transportation for the purpose of regulating the administration of the business licensing for non-schedule flights of foreign air transport enterprises within the territory of the People's Republic of China and maintaining the order of air transport market. Article 2. These Detailed Rules shall be applicable to the business licensing for non-schedule flights of foreign air transport enterprises (hereinafter referred to as the foreign air carrier) for carrying passengers, baggage, cargoes and mails between any foreign country and the People's Republic of China. Article 3. The "business licensing for non-schedule flights in the civil air transportation" as mentioned in these Detailed Rules refers to the flights for commercial air transportation other than scheduled flights and overtime flights, and includes the irregular group charter flights, integrated tourism charter flights, public charter flights, social group charter flights, charter flights with similar interests, charter flights for special activities, student charter flights, charter flights for self use, cargo charter flights, passenger and cargo charter flights, and sharing charter flights, etc. Article 4. In case a foreign air carrier intends to carry out the operation of non-scheduled flights between the foreign country and the People's Republic of China, the operation shall not be carried out until the foreign air carrier files an application with the Civil Aviation Administration of China (hereinafter referred to as the CAAC) according to these Detailed Rules, obtain the business licensing and complete the operational appraisal according to the Rules for the Operation Conformity Appraisal of Foreign Public Air Carriers. Article 5. The CAAC shall implement the principle of reciprocity to the business licensing for non-scheduled flights. If the aviation competent department of a foreign country imposes unreasonable restrictions on the business licensing for the non-scheduled flights in the said country by the civil air transport enterprises of the People's Republic of China, the CAAC shall impose equal restrictions on the air transport enterprises of the said country. CHAPTER II APPLICATION FOR THE BUSINESS LICENSING FOR NON-SCHEDULED FLIGHTS Article 6. To apply for the business licensing for any non-scheduled flight, an applicant shall file an application with the CAAC within 7 days before the scheduled flight; otherwise, the CAAC shall not accept the application, unless it is otherwise prescribed in the relevant air transport agreement or arrangement. Where the rescuing staff or materials need to be transported in the case of calamity or any other urgent or special circumstance, after the reasons are explained, an applicant can file an application with the CAAC within 3 days before the scheduled flight. Article 7. To apply for the business licensing for any non-scheduled flight, an applicant shall explain the type of the business licensing for the non-scheduled flight it plans to operate. Article 8. To apply for the business licensing for any non-scheduled flight, an applicant can directly file an application or entrust an agent to file the application. As a general rule, an application shall be sent out by way of telegraph to the following SITA addresses: BJSSKCA, BJSZGCA; or to the following AFTN address: ZBBBYAYX. Article 9. An applicant shall provide documents to explain the following conditions: (1) the name and address of the owner and the operator of the aircraft; (2) the radio communication and signal code of the aircraft; (3) the frequency scope for the use of radio in the aircraft; (4) the type, maximum take-off weight and maximum landing weight, number of seats available or tonnage of the aircraft; (5) the anticipated takeoff and arrival locations, dates, times (UTC Time), route, and the points for entering into and out of the territory of the People's Republic of China; (6) the number of the flight and the flight sorties; (7) the charterer, the guarantor, the name, address, contact person and contact information of the reception entity; (8) the name, address, contact person and contact information of the agency that will provide agency services for the charter flight and that has obtained a corresponding qualification; (9) the name, address, contact person and contact information of the airport ground service company that will provide ground services for the charter flight; and (10) the charter contract. Article 10. To apply for the business licensing for any non-scheduled flight for the first time, an applicant shall submit the following documents in addition to those prescribed in Article 9: (1) the photocopy of the business license for air transportation and operation rules issued by the competent department of the country (region) where the air transport enterprise is situated for its qualification for pubic air transportation; (2) the photocopy of the nationality registration certificate and the airworthiness certificate of the aircraft, of the license for using the radio on the aircraft and the noise certificate; and (3) the photocopy of the certifications that can prove that the applicant has purchased the insurance for the aircraft, passenger, goods or the liability to the third party on the ground. Article 11. Whether an application is filed by the applicant itself or by an agent, the applicant shall be responsible for the authenticity of the documents as submitted. Article 12. The CAAC may prescribe other additional conditions to the business licensing for any non-scheduled flight that may hamper or harm public interests. Article 13. In case the application materials are complete and comply with statutory forms, the CAAC shall accept the application; in case the application materials are not complete or do not comply with statutory forms, the CAAC shall notify the applicant of all the contents that need to be supplemented and corrected once and for all on the spot or within 3 days; if the CAAC does not notify it to the applicant within the time limit, the date when the application materials are received shall be regarded as the date of acceptance. CHAPTER III DECISION ON THE BUSINESS LICENSING FOR NON-SCHEDULED FLIGHTS Article 14. The CAAC shall carry out the examination within 4 days as of the acceptance of an application, and make a written decision on approval or disapproval. Article 15. In case the application of an applicant complies with the conditions and standards prescribed in these Detailed Rules, the CAAC shall make a decision on approval. When the CAAC makes a decision on disapproval, it shall give reasons, and notify the applicant of the right to apply for administrative review or lodge an administrative lawsuit. CHAPTER IV RESTRICTIVE CONDITIONS ON THE BUSINESS LICENSING FOR NON-SCHEDULED FLIGHTS Article 16. An applicant shall operate the non-scheduled flights according to the flight plan as approved by the CAAC, and shall not alter it at will. Article 17. As a general rule, an applicant shall not carry out any of the following acts in the non-scheduled flights, unless it is specially approved by the CAAC according to foreign relations, economic and trade relations, people's requirements or any other reason: (1) Operating non-scheduled flights between any two points within the territory of the People's Republic of China; (2) Operating combined flights between any two points or more points within the territory of the People's Republic of China; (3) Operating non-scheduled flights between the territory of the People's Republic of China and any third country (region); (4) Operating non-scheduled flights on the flight course or flight section for scheduled flights; (5) Carrying passengers in a non-scheduled cargo charter flight; (6) Operating non-scheduled flights by using a wet-lease aircraft; (7) Retailing the chartered seats or berths to the general public or reselling them to any other charterer through the computer reselling system; (8) Operating the passenger and cargo charter flight; (9) Carrying weapons and materials for battles. Article 18. Before an applicant obtains the business licensing for non-scheduled flights of carrying dangerous goods, it shall file an application with the CAAC according to the Provisions on the Administration of the Civil Air Transportation of Dangerous Goods in China, and can not transport dangerous goods until it is approved. Article 19. In case an applicant applies for using a wet-lease aircraft for operating non-scheduled flights under a special circumstance, it shall state the reasons to the CAAC in advance. Where the CAAC considers that the reasons are established, the applicant shall file a written application not later than 15 days before the anticipated flight, and shall submit the following documents in addition to the documents mentioned in Articles 9 and 10: (1) the aircraft wet-lease agreement; (2) the agreement between the lessor and lessee on the safety liability for the wet-lease aircraft; and (3) the business license for international air transportation issued by the relevant competent department of the country (region) where the lessor of the aircraft is situated. Article 20. In case an applicant carries passengers or goods from the territory of the People's Republic of China to any point of a foreign country, the operation shall be uniformly handled by an air transport agent with corresponding qualifications. Article 21. To operate non-scheduled flights within the territory of the People's Republic of China, an applicant shall accept the ground services provided by the relevant service department with corresponding qualifications and conclude an agency agreement for ground services with it, and shall not accept the ground services provided by any foreign enterprise or individual within the territory of the People's Republic of China, unless the said applicant has been approved for providing ground services by itself or for using ground services provided by any other foreign air transport enterprise or Taiwan, Hong Kong or Macao air transport enterprise for the scheduled flights it operates. Article 22. To operate non-scheduled flights, an applicant shall pay route charges, take-off and landing charges and other charges according to the relevant provisions. CHAPTER V LOAD STATISTICS FOR THE BUSINESS LICENSING FOR NON-SCHEDULED FLIGHTS Article 23. An applicant shall, within 10 days after the operation of a non-scheduled flight, fill in a Statistical Form on the Transport Businesses of Foreign Airliners prescribed in the Annex to these Detailed Rules, and ensure the accuracy and integrity of the contents it fills in. CHAPTER VI LEGAL LIABILITIES Article 24. Where the department in the CAAC and its functionaries for accepting applications violate the relevant provisions in these Detailed Rules when granting the business licensing for non-scheduled flights to the applicants and are under any of the following circumstances, and if the circumstances are serious, the principal and other persons held directly responsible shall be given administrative sanctions: (1) Failing to accept an application in line with statutory conditions; (2) Failing to grant the licensing to an applicant that is in line with the licensing conditions or within the statutory term; (3) Failing to notify the applicant of all the contents that should be supplemented and corrected once and for all when the application materials submitted by the applicant are not complete or do not comply with statutory forms; or (4) Failing to explain the reasons for not accepting the application or the disapproval. Article 25. Where any functionary of the department for accepting applications in the CAAC seeks for or accepts properties or strives for other interests when granting the business licensing for non-scheduled flights to the applicants, if a crime is constituted, he shall be subject to criminal liabilities; and if a crime is not constituted, he shall be given administrative sanctions. Article 26. In case an applicant conceals the relevant conditions or provides false documents when applying for the business licensing for non-scheduled flights, the CAAC shall not accept the application or grant the approval, and shall give it a warning, and any application for the business licensing for non-scheduled flights submitted by the said applicant shall not be accepted within 6 months as of the day when the warning is given. Article 27. In case an applicant obtains the business licensing for non-scheduled flights through cheats, bribes or any other unjustifiable means, the CAAC shall cancel the said licensing, and impose on it a fine of 10,000 yuan up to 30,000 yuan, and any application for the business licensing for non-scheduled flights submitted by the said applicant shall not be accepted within one year as of the day when the licensing is cancelled or the fine is imposed. Article 28. In case an applicant that has been approved to operate non-scheduled flights commits any of the following acts, the CAAC may give a warning or a fine of 10,000 yuan up to 30,000 yuan to it according to the severity of the circumstances: (1) Discretionarily altering the flight plan as approved by the CAAC; (2) Selling, leasing or transferring the business licensing for non-scheduled flights; (3) Carrying out business operations by exceeding the scope of the business licensing for non-scheduled flights; (4) Concealing the relevant conditions, providing false materials or refusing to provide true materials that can reflect the conditions to the civil aviation administrative organ in charge of the supervision and check; or (5) Any other act prescribed by the law or regulation. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 29. The time limits prescribed in these Detailed Rules shall be calculated by working days, excluding legal holidays. Article 30. In case an aircraft owner or operator of Hong Kong or Macao Special Administrative Region applies for the business licensing for non-scheduled flights between Hong Kong or Macao Special Administrative Region and the territory of the People's Republic of China, or in case an aircraft owner or operator of Taiwan Area applies for the business licensing for non-scheduled flights between Taiwan Area and the territory of the People's Republic of China, these Detailed Rules shall be implemented by analogy. Article 31. These Detailed Rules shall come into force as of July 21, 2006. The Interim Provisions on the Administration of Non-scheduled Flights in the Civil Air Transportation promulgated by the Civil Aviation Administration of China on November 23, 1990 shall be simultaneously repealed. Annex: Statistics on the Transport Businesses of Foreign Airliners (omitted) |
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