Decree of the Civil Aviation Administration of China
No. 167 The Detailed Rules for the Business Permission for Non-scheduled Flights of Foreign Air Transport Enterprises (CCAR-119TR-R1) were June 21, 2006 Detailed Rules for the business permission for Non-scheduled Flights of Foreign Air Transport Enterprises Article 1 In order to regulate the administration of the business permission for non-schedule flights of foreign air transport enterprises Article 2 The present Detailed Rules shall be applicable to the business permission for non-schedule flights of foreign air transport enterprises Article 3 The “business permission for non-schedule flights in the civil air transportation” as mentioned in the present Detailed Rules means Article 4 Given that a foreign air carrier wants to implement the operation of non-scheduled flights between the foreign country and the mainland Article 5 The CAAC shall carry out the mutual benefit principle to the business permission for non-scheduled flights. The CAAC shall force Chapter II Application for the Business Permission for Non-scheduled Flights Article 6 Application for the business permission for any non-scheduled flight, an applicant shall be made with the CAAC within 7 days before In case the rescuing staff or materials need to be transported under the condition of calamity or any other crucial or special circumstance, Article 7 Application for the business permission for any non-scheduled flight, an applicant shall illustrate the type of the business permission Article 8 To make an application for the business permission for any non-scheduled flight, an applicant can directly submit an application Generally, an application shall be sent out via telegraph to the following SITA addresses: BJSSKCA, BJSZGCA; or to the following AFTN Article 9 An applicant shall offer documents to illustrate the conditions as follows: (1) the name and address of the owners and the operators of the aircrafts; (2) the radio communication and signal codes of the aircrafts; (3) the frequency range of the radio used in the aircrafts; (4) the types, maximum take-off weight and maximum landing weight and number of seats available or tonnage of the aircrafts; (5) the expected takeoff and arrival locations, dates, times (UTC Time), route, and the points for entering into and outside the territory (6) the number of the flight and the flight sorties; (7) the name, address, contact person and contact information of the charter, the guarantor, and the reception entity; (8) the name, address, contact person and contact information of the agency providing agency services for the charter flight and obtaining (9) the name, address, contact person and contact information of the airport ground service company providing ground services for the (10) the contract of charter. Article 10 To make an application for the business permission for any non-scheduled flight for the first time, an applicant shall submit the (1) the duplicated documentation of the business permission for air transportation and operating regulation released by the capable department (2) the duplicated documentation of the nationality registration certificate and the airworthiness certificate of the aircraft, the permission (3) the duplicated documentation of the certifications which can show that the applicant has purchased the insurance for the aircraft, Article 11 Whether an application is lodged by the applicant itself or by an agent, the applicant shall be responsible for the authenticity Article 12 The CAAC may make other additional conditions to the business permission for any non-scheduled flight which may prevent or destroy Article 13 The CAAC shall accept the application if the application materials are entire and abide by statutory forms; the CAAC shall inform Chapter III Determination on the Business Permission for Non-scheduled Flights Article 14 The CAAC shall implement the examination within 4 days as of the day of the acceptance of an application, and make a written decision Article 15 The CAAC shall make a decision on approval if the application of an applicant complies with the conditions and standards prescribed The CAAC shall, when it makes a decision on disapproval, explain and inform the applicant of the right to apply for administrative Chapter IV Restrictive Conditions on the Business Permission for Non-scheduled Flights Article 16 An applicant shall run the non-scheduled flights in accordance with the flight plan as approved by the CAAC, and may not change it Article 17 In general, an applicant may not run any of the following acts in the non-scheduled flights, unless it is specially authorized by (1) Carrying out non-scheduled flights between any two points within the territory of mainland China; (2) Carrying out combined flights between any two points or more points within the territory of mainland China; (3) Carrying out non-scheduled flights between the territory of mainland China and any third country (region); (4) Carrying out non-scheduled flights on the flight course or flight section for scheduled flights; (5) Carrying passengers in non-scheduled cargo charter flights; (6) Carrying out non-scheduled flights by using wet-lease aircrafts; (7) Through the computer reselling system, retailing the chartered seats or berths to the general public or reselling them to any other (8) Carrying out combined charter flights of the passenger and cargo; or (9) Conveying weapons and materials for battles. Article 18 An applicant shall, before it obtains the business licensing for non-scheduled flights of carrying dangerous goods, lodge an application Article 19 On the condition that an applicant applies for using a wet-lease aircraft for running non-scheduled flights under a special circumstance, (1) the aircraft wet-lease agreement; (2) the agreement between the lessor and lessee on the security liabilities for the wet-lease aircraft; and (3) the business permission for international air transportation released by the relevant department in charge of the country (region) Article 20 The operation shall be dealt with consistently by an air transport agent with corresponding qualifications if an applicant plans Article 21 To run non-scheduled flights within the territory of mainland China, an applicant shall accept the ground services offered by the Article 22 To operate non-scheduled flights, an applicant shall pay airway expenses, take-off and landing expenses and other expenses in accordance Chapter V Loading Statistics for the Business Permission for Non-scheduled Flights Article 23 An applicant shall fill in and report a Statistical Form on the Transport Businesses of Foreign Airliners stated in the Appendix Chapter VI Legal Liabilities Article 24 The principal and other persons directly responsible shall be given administrative sanctions if the department in the CAAC and its (1) Refusing to accept an application in line with statutory conditions; (2) Failing to agree the permission to an applicant which accords with the permission conditions or within the statutory term; (3) Failing to notify the applicant of the contents that should be completed and corrected once and for all when the application materials (4) Failing to illustrate the reasons for refusing the application or the disapproval. Article 25 In case any working staff of the department for accepting applications in the CAAC try to accept properties or want to get other Article 26 If an applicant conceals the relevant conditions or offers false materials when applying for the business permission for non-scheduled Article 27 In the event that an applicant gets the business permission for non-scheduled flights through cheats, bribes or any other unjustifiable Article 28 If an applicant that has been permitted to run non-scheduled flights commits any of the following acts, the CAAC may give a warning (1) Discretionarily changing the flight plan as approved by the CAAC; (2) Reselling for profiteering, leasing or conveying the business permission for non-scheduled flights; (3) Running business operations beyond the scope of the business permission for non-scheduled flights; (4) Hiding the relevant conditions, offering false materials or rejecting to offer true documents which can reflect the conditions to (5) Any other illegal act presented by the law or regulation. Chapter VII Supplementary Rules Article 29 The time range presented in the present Detailed Rules shall be reckoned by working days, excluding legal holidays. Article 30 The present Detailed Rules shall be carried out by analogy if an aircraft owner or operator of Hong Kong or Macao Special Administrative Article 31 The present Detailed Rules shall go into effect as of July 21, 2006. The Provisions on the Administration of Non-scheduled Flights Appendix: Statistics on the Transport Volume of Foreign Airliners (omitted) |
Civil Aviation Administration of China
2006-06-21