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TABLE OF CONTENTS CHAPTER A GENERAL PROVISIONS CHAPTER B CONDITIONS AND PROCEDURES FOR OPERATION CERTIFICATION EXAMINATION AND APPROVAL CHAPTER C GENERAL REQUIREMENTS FOR SUPERVISION AND INSPECTION CHAPTER D LEGAL LIABILITIES CHAPTER E SUPPLEMENTARY PROVISIONS CHAPTER A GENERAL PROVISIONS 129.1 Purpose and Basis For the purposes of examining, approving, supervising and inspecting the operation certification of foreign air transportation carriers within the territory of the People¡¯s Republic of China and ensuring the operation safety of foreign air transportation carriers within China, these Rules are formulated in accordance with the Decision of the State Council on the Enactment of Administrative Licensing for the Confessedly Reserved Items Subject to Administrative Examination and Approval. 129.3 Scope of Application These Rules shall apply to a foreign air transportation carrier if it: (a) holds an air operator certificate or any other equivalent certificate issued by the foreign civil aviation authority to approve its air transportation operation; and (b) operates or intends to operate airplanes or helicopters to take off and land within the territory of China in form of scheduled or non-scheduled public air transportation within China. 129.5 Definitions (a) Air transportation refers to the for-profit act of conveying passengers, luggage, mails or cargoes by civil aircrafts. (b) Scheduled air transportation refers to the air transportation conducted by a carrier in accordance with the published takeoff time, departure point and terminal point, including scheduled flight under published timetable, and the extra flight which is temporarily added on a scheduled route and informs passengers of the takeoff time in advance, excluding charter flight conducted according to the above mentioned time and location determined by the carrier and the customer upon negotiation. (c) Non-scheduled air transportation refers to the air transportation other than scheduled air transportation. 129.7 Basic Requirements for Operation Certification Examination, Approval, Supervision and Inspection (a) As required by 129.3 of these Rules, no operator of civil aircrafts may conduct air transportation operations within China unless it has been subject to the operation certification examination of the jurisdictional civil aviation bureau designated by the Civil Aviation Administration of China (hereinafter referred to CAAC) under these Rules and has been issued the Operating Norms for Foreign Air Transportation Carrier. (b) A holder of foreign air transportation carrier operating norms (hereinafter referred to operating norms holder) shall conduct air transportation operations within China in accordance with the following provisions: (1)These Rules, and the operating norms issued under these Rules; (2)The Operations of Aircraft in Annex 6 of the Convention on International Civil Aviation and the amendments thereto; (3)General Flight Rules of the People's Republic of China and other provisions on the management of operation of foreign civil aircrafts and air traffic control; (4) For transport of dangerous goods, Rules on the Transportation Management of Dangerous Goods by Air (CCAR Part 276); and (5) Other relevant laws, regulations and bylaws. (c) The operation conditions and restrictions set forth in the air operator certificate or equivalent document issued by the civil aviation authority of the country where the holder is located shall also apply to the operations conducted within China by the operating norms holder. The approved operations in the foreign air transportation carrier operating norms issued by the local civil aviation bureau may not exceed the scope of operations approved by the air operator certificate or equivalent document. Where it is necessary to modify the foreign air transportation carrier operating norms due to changes in the foreign air operator¡¯s operating norms or equivalent document issued by the civil aviation authority of the country where the operating norms holder is located, the operating norms holder shall immediately notify the competent civil aviation bureau and apply for amending the foreign air transportation carrier operating norms within 5 working days according to the requirements in subsection 129.33. (d) The operating norms holder shall accept the supervision and inspection conducted by the CAAC and the local civil aviation bureau on its personnel and the aircrafts when it conducts operations within China. (e) With regard to the standards and recommended practices in the Operation of Aircraft in Annex 6 and the Safe Transport of Dangerous Goods by Air in Annex 18 of the Convention on International Civil Aviation, the operating norms holder may file an application to the local civil aviation bureau for immunity or deviation if the civil aviation authority of the country where the operating norms holder is located has notified the International Civil Aviation Organization of the differences. After review, the local civil aviation bureau may approve the immunity or deviation application if it believes that the operating norms holder has reached the equivalent level of safety. 129.9 Deviation under Equivalent Standards (a) Upon approval by the CAAC, the following foreign air carriers conducting non-scheduled air transportation may conduct operations within China without obtaining the foreign air transportation carrier operating norms: (1) The flight cycles are not more than 10 within 12 consecutive calendar months or a specific transportation is conducted in a specific period; and (2) The carrier presents the air operator certificate or equivalent document issued by the civil aviation authority of the country where it is located to the CAAC for showing the approval of its flying to China and its safety operations capability. (b) A foreign air carrier approved under the preceding paragraph shall accept the supervision and inspection on its aircrafts and personnel conducted by the CAAC and the local civil aviation bureau when it conducts operations within China. CHAPTER B CONDITIONS AND PROCEDURES FOR OPERATION CERTIFICATION EXAMINATION AND APPROVAL 129.21 Application for Foreign Air Transportation Carrier Operating Norms (a) A person applying for foreign air transportation carrier operating norms shall submit an application to the jurisdictional civil aviation bureau designated by the CAAC. (b) The applicant shall submit the following documents: (1) The air operator certificate or equivalent document issued by the applicant¡¯s civil aviation authority of the country where it is located. It shall prescribe the scope and types of operations it is authorized to conduct; (2) The list of aircrafts that plan to fly into China. The list shall state the type, nationality and registration marks of each aircraft; (3) The document showing the obtainment of economic approval of flying into China or the corresponding application document, which shall state the planned airport(s), route(s) and area(s), and flight frequency; and (4) The application shall be completed according to the requirements in Appendix A of these Rules. (c) The application shall be completed according to the contents prescribed by CAAC (see appendix A) faithfully. The applicant shall faithfully submit the relevant materials that can reflect the true situation and shall be responsible for the authenticity of the substantial contents in the application materials. (d) The aforesaid documents submitted by the applicant shall be in Chinese or English. 129.23 Acceptance of the Application (a) For any application that is incomplete or does not comply with the specified format, the local civil aviation bureau shall, within 5 working days after receiving the application, notify the applicant in writing of the all the items to be supplemented and corrected. If it fails to do so, the day when it receives the application shall be considered the date of acceptance. After the applicant submits all the materials supplemented and corrected according to the notification of the local civil aviation bureau, the local civil aviation bureau shall accept its application. (b) When the local civil aviation bureau accepts or rejects an application, it shall issue to the applicant a written document, which shall be sealed with the local civil aviation bureau¡¯s seal and be dated. 129.25 Examination and Decision (a) After receiving the application, the local civil aviation bureau shall, within 20 working days, examine all the materials submitted by the applicant and make a decision. The time spent by the local civil aviation bureau on organizing and carrying out verification, test and expert appraisal shall not be included in the aforesaid 20 working days. (b) After completing the examination and verification on the substantial contents, including on-site inspection on the relevant institutions of the airline company, the local civil aviation bureau shall issue foreign air transportation carrier operating norms to the applicant and approve the operations applied for if it considers that the applicant meets all the conditions as follows: (1) The operations applied for are approved in the air operator certificate or equivalent document issued by the civil aviation authority of the country where the applicant is located; (2) The applicant is familiar with the requirements in the documents specified in 129.7(b) and is able to conduct safe operations according to these requirements; and (3) In regard to the transport of dangerous goods, the approval document issued by the civil aviation authority of the country where the applicant is located shall be obtained. (c) If the local civil aviation bureau considers that the applicant has not met all of the requirements of paragraph (b) above, it may refuse to issue the foreign air transportation carrier operating norms to the applicant, or may, in light of the actual circumstances, issue and approve only certain parts of the operating norms. When making a decision mentioned above, it shall notify the applicant of the right to apply for administrative reconsideration or to lodge an administrative lawsuit. 129.27 Contents of Foreign Air Transportation Carrier Operating Norms Foreign Air Transportation Carrier Operating Norms shall include the following contents: (a)The name of the holder of operating norms; (b)The name and correspondence address of the institution that undertakes operation contact between the local civil aviation bureau and the operating norms holder; (c)The serial number and effective date of foreign air transportation carrier operating norms; (d)The name of the internal institution of local civil aviation bureau who has jurisdiction over the operating norms holder; (e)The types of operations authorized, including scheduled passenger operations, non-scheduled passenger operations and all-cargo operations; (f)A statement that certifies that the operating norms holder meets the appropriate requirements of these Rules and is authorized to conduct its operations according to the foreign air transportation carrier operating norms; (g)The authorizations, restrictions and major procedures under which each kind of operation, if applicable, is to be conducted; (h)Other procedures under which each class and type of aircraft is to be operated; (i)The type, serial number, nationality and registration mark of each aircraft authorized for use, and all regular airports, alternate airports and refueling airports necessary for operations. Except in an emergency when a diversion would be necessary, the operating norms holder shall not conduct any operation by using any aircraft or airport not listed in the operating norms; (j)Authorization and restrictions on airways and areas of operations; (k)Airport restrictions; (l)Any authorized immunity granted by the CAAC and deviation granted by the local civil aviation bureau; (m)The qualification for dangerous goods transport approved by the local civil aviation bureau; and (n)Any other item that the local civil aviation bureau deems necessary. 129.29 The Valid Period of Foreign Air Transportation Carrier The foreign air transportation carrier operating norms shall be effective for a long period unless any of the following circumstances occurs, under which they are invalidated or their validity is suspended: (1)The operating norms holder waives them on its own initiative; (2)The local civil aviation bureau suspends or revokes the operating norms; (3)The air operator certificate or equivalent document issued to the operating norms holder by the civil aviation authority of the country in which it is located is invalidated; or (4)The operating norms holder does not conduct operations within China for more than 12 consecutive months. (b)If the foreign air transportation carrier operating norms are suspended, revoked or become invalid for any reason, the operating norms holder shall return the operating norms to the local civil aviation bureau within 5 days. 129.31 The Preservation of and Inspection on Foreign Air Transportation Carrier Operating Norms The branches and agents of a holder of foreign air transportation carrier operating norms which are established in China and relate to the aircraft operations shall each keep a photocopy of its current foreign air transportation carrier operating norms and shall make it available for inspection by the CAAC and local civil aviation bureau. 129.33 Amendments to the Foreign Air Transportation Carrier Operating Norms (a)The local civil aviation bureau that issues the foreign air transportation carrier operating norms may amend them in accordance with these Rules (1)The local civil aviation bureau believes that it is necessary to amend them for the sake of safety and public interest; (2)The operating norms holder applies for making an amendment and the local civil aviation bureau considers that its application meets the conditions of these Rules; (3)The air operator certificate or equivalent document issued by the civil aviation authority of the country where the operating norms holder is located changes and it is necessary to amend the operating norms according to the requirements in 129.7(c) of these Rules. (b)Except as provided for in paragraph (d) of this Article, when the local civil aviation bureau initiates an amendment to the foreign air transportation carrier operating norms, the following procedures shall be observed: (1)The local civil aviation bureau notifies the operating norms holder in writing of the proposed amendment; (2)The operating norms holder may submit written opinions on the amendment within 7 working days after it receives the notification; (3)After considering the opinions of the operating norms holder, the local civil aviation bureau shall make a decision and notifies the operating norms holder of the decision. The operating norms holder may require the local civil aviation bureau for reconsideration of that decision within 5 working days from the day when it receives the notification; (4)After taking into consideration the request of the operating norms holder, the local civil aviation bureau shall make a decision and issue the amendment to the operating norms. (c)When the operating norms holder applies for amending its foreign air transportation carrier operating norms, it shall follow the provisions in 129.21, 129.23 and 129.25. The local civil aviation bureau shall make a decision within 20 working days after it accepts the application. (d)If the local civil aviation bureau finds an emergency endangering the safety, and it is necessary to take an action immediately so that it is not possible to amend the operating rules by complying with the procedures mentioned in paragraphs (b) and (c) it may take the following measures: (1) The local civil aviation bureau may make its own decision to amend the foreign air transportation carrier operating norms and the amendment made by it shall be effective on the day the operating norms holder receives the corresponding notice; and (2)In the notice to the operating norms holder, it shall point out the emergency endangering the safety and requiring an immediate action, or stress that it is contrary to the public interests to delay the validity of the amendment. CHAPTER C GENERAL REQUIREMENTS FOR SUPERVISION AND INSPECTION 129.41 Implementation of Supervision and Inspection (a)At any time, the CAAC and the local civil aviation bureaus may inspect the operating norms holder¡¯s branches and agents in China relating to aircraft operations. When an aircraft of the operating norms holder lands within China, the CAAC and the local civil aviation bureau may board the aircraft to inspect without any notification in advance. If it is unable to confirm the safe operation capability of the operating norms holder by the aforesaid method, the CAAC and the local civil aviation bureau may, where necessary, conduct check on the base established by the operating norms holder within its own country and enter into the cockpit of the aircraft to inspect the airway. The operating norms holder shall be cooperative during the inspection. (b)The CAAC and the local civil aviation bureau may comprehensively inspect the operations of the operating norms holder¡¯s branch or agent, including checking its various manual books and documents. When it conducts an inspection by boarding the aircraft, it may inspect the airworthiness of the aircraft, all documents carried by the aircraft and all airmen¡¯s certificates. (c)The CAAC and the local civil aviation bureau shall comply with the provisions in 129.7(b) of these Rules when conducting an inspection. 129.43 Documents that Shall Be Carried by an Aircraft (a)An Operating norms holder shall ensure at least the following documents be carried by each aircraft performing a flight into China: (1)The aircraft nationality registration certificate, aircraft airworthiness certificate, and radio station license; (2)The parts of the operating manual relevant to the duties of the crew, among them those directly relating to flight shall be put at a place easily accessible to the members of the crew on duty; (3)The Aircraft Flight Manual or the equivalent data; and (4)The aircraft flight log that contains the information about maintenance. (b)In addition to the documents prescribed in (a) of this subsection, the aircraft shall, in light of the actual circumstances in operation, carry the following documents that can match the type and area of its operations: (1)The manifest; (2)The flight plan or dispatch/release form containing the flight plan; (3)The notices to airmen, documents of aviation information services and meteorological information; (4)The notification of special loads including any dangerous goods; and (5)The maps and charts for the area of operation. (c)The flight crew shall carry the airman licenses and medical certificates appropriate for the flight. 129.45 Preservation of Data Recorded by Flight Recorder After the aircraft of an operating norms holder has an accident or faces a situation presenting hazards of an accident, which falls within the scope of investigation of the CAAC, the operating norms holder shall, under the requirements of the CAAC, preserve the data recorded by the flight recorder. CHAPTER D LEGAL LIABILITIES 129.61 General Provisions (a)Except the conditions in paragraph (b) of this article, this chapter shall apply to the operating norms holders who have passed the operation examination and approval formalities and the foreign air transportation carriers who have obtained the deviation approval according to 129.9. (b)If a foreign air transportation carrier operating norms applicant, during the period of operation examination and approval process, uses any deceptive means, the local civil aviation bureau may terminate its operation examination and approval process. If the circumstance is serious, it may decide to reject its new application within one year up to three years. 129.63 Warning and Monetary Penalty (a)If the holder commits one of the following acts, the civil aviation bureau may order the operating norms holder to stop its illicit act and give it a warning and impose on it a fine of not more than RMB 30,000 yuan: (1)Having obtained operating norms by using deceptive means during operation examination and approval process; (2)Conducting operations not covered in its operating norms without the approval of the local civil aviation bureau; (3)Refusing to accept the supervision and inspection by the local civil aviation bureau, or refusing to present its airman certificates, manuals and other related documents during the supervision and inspection; (4)Committing an act in violation of the provisions of the documents in 129.7(b) of these Rules and being determined by the local civil aviation bureau that such act has adverse impact on the safety of operations or has resulted in serious consequences. (b)If the airmen of the operating norms holder and other individuals who directly participate in operations fail to operate according to the operating manual of the operating norms holder and result in violating these Rules, the local civil aviation bureau may give them a warning or a fine of not more than RMB 1,000 yuan. CHAPTER E SUPPLEMENTARY PROVISIONS 129.71 Administration of Air Transportation Carriers of Hong Kong and Macao Special Administrative Regions For the air transportation carrier who holds the air operator certificate or the equivalent document issued by Hong Kong and Macao Special Administrative Regions and uses or intends to use airplane or helicopter to conduct air transportation within China, the CAAC and the local civil aviation bureau shall examine, approve, supervise and inspect the carrier by referring to these Rules. 129.73 Implementation (a)These Rules shall come into force as of January 1, 2005. (a)The foreign air transportation carrier who obtains an approval of operations within China from the CAAC before Jan. 1, 2005 shall apply for and obtain the operating norms from the jurisdictional civil aviation bureau designated by the CAAC before Jan. 1, 2007, and then it may continuously operate within China after Jan. 1, 2007. Appendix A. Requirements for the Contents of Application for Foreign Air Transportation Carrier Operating Norms (omitted) |
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