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民航規(guī)章 CIVIL AVIATION REGULATIONS 3

時間：2015-01-22 15:21來源：藍(lán)天飛行翻譯公司 作者：民航翻譯 點擊：次

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(15) SMS – Safety Management System
(16) UN – United Nations
(17) VFR – Visual Flight Rules
(18) VMC – Visual Meteorological Conditions
9.1.1.4 COMPLIANCE WITH AN AIR OPERATOR CERTIFICATE
(a) No operator may operate an aircraft in commercial air transport unless that operator holds an AOC for the operations being conducted.
(b) No person may operate an aircraft in commercial air transport operations which are not authorised by the terms and conditions of its AOC.
(c) Each AOC holder shall carry a certified true copy of the air operator certificate and a copy of the operations specifications relevant to the aircraft type, issued in conjunction with the certificate on board its aircraft. When the certificate and the associated operations specifications are issued by the State of the Operator in a language other than English, and English translation shall be included.
(d) Each AOC holder shall, at all times, continue in compliance with the AOC terms, conditions of issuance, and maintenance requirements in order to hold that certificate.
Failure to comply may result in the revocation or suspension of the AOC.
ICAO Annex 6: Part I: 4.2.1.1; 4.2.1.2; 4.2.1.3; 4.2.1.4
ICAO Annex 6, Part III, Section II: 2.2.1.1; 2.2.1.2, 2.2.1.3; 2.2.1.4
ICAO Annex 18: 11.3.1
14 CFR: 119.5; 121.2
JAR OPS 1: 1.175(a)&(f)
JAR OPS 3: 3.175(a)&(f)
9.1.1.5 APPLICATION FOR AN AIR OPERATOR CERTIFICATE
(a) An operator applying to the Authority for an AOC shall submit an application—
(1) In a form and manner prescribed by the Authority; and
(2) Containing any information the Authority requires the applicant to submit.
(b) Each applicant shall make the application for an initial issue of an AOC at least 90 days before the date of intended operation.
(c) At the time of application, the applicant shall provide all information and manuals required under this Part, and the safety management system documentation required by MCAR Part 1.
ICAO Annex 6: Part I: 4.2.1.6; 4.2.1.8
ICAO Annex 6, Part III, Section II: 2.2.1.6; 2.2.1.8
ICAO Annex 19: 4.1.1; 4.1.3
ICAO Doc 8335, Chapter 3: 3.1.1(a)
14 CFR: 119.35
JAR OPS 1: 1.185
JAR OPS 3: 3.185
9.1.1.6 ISSUANCE OR DENIAL OF AIR OPERATOR CERTIFICATE
(a) The Authority may issue an AOC if, after investigation, the Authority finds that the applicant—
(1) Is a citizen of the [STATE];
(2) Has its principle place of business and its registered office, if any, located in [STATE];
(3) Meets the applicable regulations and standards for the holder of an AOC;
(4) Is properly and adequately equipped for safe operations in commercial air transport and maintenance of the aircraft; and
(5) Holds the economic authority issued by the [STATE] under the provisions of the [AVIATION ACT].
(b) The Authority may deny application for an AOC if the Authority finds that—
(1) The applicant is not properly or adequately equipped or is not able to conduct safe operations in commercial air transport;
(2) The applicant previously held an AOC which was revoked; or
(3) An individual that contributed to the circumstances causing the revocation process of an AOC obtains a substantial ownership or is employed in a position required by this regulation.
ICAO Annex 6: Part I: 4.2.1.3, 11.1
ICAO Annex 6, Part III, Section II: 2.2.1.3
14 CFR: 119.39
JAR OPS 1: 1.175(b)
JAR OPS 3: 3.175(b)
9.1.1.7 CONTENTS OF AIR OPERATOR CERTIFICATE
(a) The AOC will consist of two documents—
(1) A one-page certificate for public display signed by the Authority, and
(2) Operations specifications containing the terms and conditions applicable to the AOC holder’s certificate.
(b) The Authority will issue an AOC which will contain—
(1) The State of the Operator and the issuing authority;
(2) The Air Operator Certificate number and its expiration date;
(3) The operator name, trading name (if different) and address of the principal place of business;
(4) The date of issue and the name, signature and title of the Authority representative, and
(5) The location, in a controlled document carried on board, where the contact details of operational management can be found.
(c) See IS 9.1.1.7(c) for detailed requirements on the layout and content of the Air Operator Certificate.
(d) The operations specifications associated with the Air Operator Certificate shall contain the authorisations, conditions, limitations and approvals issued by the authority in accordance with the standards which are applicable to operations and maintenance conducted by the AOC holder.
(e) See IS 9.1.1.7(e) for the layout and content of the Operations Specifications.
(f) Air operator certificates and their associated operations specifications first issued from November 2008 shall follow the layouts of IS 9.1.1.7(c)(e).
ICAO Annex 6: Part I: 4.2.1.5
ICAO Annex 6, Part III, Section II: 2.2.1.5
14 CFR: 119.37, 119.49
JAR OPS 1: Appendix 1 to 1.175
JAR OPS 3: Appendix 1 to 3.175
9.1.1.8 DURATION OF AN AIR OPERATOR CERTIFICATE
(a) An AOC, or any portion of the AOC, issued by the Authority is effective for twelve months unless—
(1) The Authority amends, suspends, revokes or otherwise terminates the certificate;
(2) The AOC holder surrenders it to the Authority; or
(3) The AOC holder suspends operations for more than 60 days.
(b) An AOC holder shall make application for renewal of an AOC at least 30 days before the end of the existing period of validity.
ICAO Annex 6: Part I: 4.2.1.4;
ICAO Annex 6, Part III, Section II: 2.2.1.4
ICAO Annex 18: 11.3.1
14 CFR: 119.61
JAR OPS 1. 1.175(f); 1.185(e)
JAR OPS 3 3.175(f); 3.185(e)
9.1.1.9 AMENDMENT OF AN AIR OPERATOR CERTIFICATE
(a) The Authority may amend any AOC if—
(1) The Authority determines that safety in commercial air transport and the public interest require the amendment; or
(2) The AOC holder applies for an amendment, and the Authority determines that safety in commercial air transport and the public interest allows the amendment.
(b) If the Authority stipulates in writing that an emergency exists requiring immediate amendment in the public interest with respect to safety in commercial air transportation, such an amendment is effective without stay on the date the AOC holder receives notice.
(c) An AOC holder may appeal the amendment, but shall operate in accordance with it, unless it is subsequently withdrawn.
(d) Amendments proposed by the Authority, other than emergency amendments, become effective 30 days after notice to the AOC holder, unless the AOC holder appeals the proposal in writing prior to the effective date. The filing of an appeal stays the effective date until the appeal process is completed.
(e) Amendments proposed by the AOC holder shall be made at least 30 days prior to the intended date of any operation under that amendment.
(f) No person may perform a commercial air transport operation for which an AOC amendment is required, unless it has received notice of the approval from the Authority.
ICAO Doc 8335, Part I, Chapter 5: 5.2.1(a)
ICAO Doc 8335, Part III, Chapter 7: 7.5
14 CFR: 119.41, 119.51
JAR OPS 1: 1.185(d)
JAR OPS 3: 3.185(d)
9.1.1.10 ACCESS FOR INSPECTION
(a) To determine continued compliance with the applicable regulations, the AOC holder shall—
(1) Grant the Authority access to and co-operation with any of its organisations, facilities and aircraft;
(2) Ensure that the Authority is granted access to and co-operation with any organisation or facilities that it has contracted for services associated with commercial air transport operations and maintenance for services; and
(3) Grant the Authority free and uninterrupted access to the flight deck of the aircraft during flight operations.
(b) Each AOC holder shall provide to the Authority a forward observer’s seat on each of the AOC holder’s aircraft from which the flight crew’s actions and conversations may be easily observed.
Note 1- The suitability of the seat location and the ability to monitor crewmember actions, conversations and radio communications is determined by the Authority.
Note 2-Guidance on dangerous goods inspections and enforcement may be found in the Supplement to the Technical Instructions (Pat S-5, Chapter 1 and Part S-7, Chapters 5 and 6).
ICAO Annex 6, Part I: 4.2.1.4
ICAO Annex 6, Part III, Section II: 2.2.1.6
ICAO Annex 18: 11.1
14 CFR: 119.59; 121.581
9.1.1.11 CONDUCTING TESTS AND INSPECTIONS
(a) The Authority will conduct on-going validation of the AOC holder’s continued eligibility to hold its AOC and associated approvals.
(b) The AOC holder shall allow the Authority to conduct tests and inspections, at any time or place, to determine whether an AOC holder is complying with the applicable laws, regulations and AOC terms and conditions.
(c) The AOC holder shall make available at its principal base of operations—
(1) All portions of its current Air Operator Certificate;
(2) All portions of its Operations and Maintenance Manuals; and
(3) A current listing that includes the location and individual positions responsible for each record, document and report required to be kept by the AOC holder under the applicable aviation law, regulations or standards.
(d) Failure by any AOC holder to make available to the Authority upon request, all portions of the AOC, Operations and Maintenance Manuals and any required record, document or report is grounds for suspension of all or part of the AOC.
ICAO Annex 6: Part I: 4.2.1.8

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