Decree of the Ministry of Transport and Communications No. 108 / 1997 Coll.

Q: Is Decree of the Ministry of Transport and Communications No. 108 / 1997 Coll. still valid?

Yes, Decree of the Ministry of Transport and Communications No. 108 / 1997 Coll. is still valid and effective.

108

DECLARATION

Ministry of Transport and Communications

of 23 April 1997

implementing Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended

The Ministry of Transport and Communications provides pursuant to § 102 (1) of Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Code Act), as amended, hereinafter referred to as "the Act":

§ 1

Subject matter

(to Paragraph 102 (1) of the Law)

(1) This decree implements the relevant European Union17 regulations), following directly applicable European Union20 regulations, and transposing the provisions of the Law on civil aviation

(a) the entries in the register, including the addition of an aircraft to the airworthiness review, product type-approval, parts, aircraft ground equipment, coded equipment and the allocation of aircraft addresses;

(b) the authorisation to develop, design, manufacture, installation, repair, testing and maintenance of products, parts and appliances and aeronautical ground equipment, including the expertise of natural persons engaged in such activities;

(c) technical and operational conditions of airports, their establishment and operational competence;

(d) the conditions for the use of the areas defined in the territorial planning documentation for take-off and landing and the characteristics of the areas which may be used for take-off and landing of specified aircraft species in the operation of the scheduled air activities;

(e) the data contained in and supplementing the noise report;

(f) conditions for the use of the airspace of the Czech Republic;

(g) the characteristics of each type of air service and of the activities which ensure their provision;

(h) the conditions under which the database on terrain and obstacle data is maintained and the data transfer to the database;

(i) the model of the certificate of a competent natural person, through which the identification of the causes of non-death accidents and incidents is ensured;

(j) the details of the application and supporting documents to be attached to the application for a licence to operate commercial air transport, an air operator certificate, an operating permit and an operating permit for own use;

(k) conditions for the use of sport flying equipment, including details of the application for a public administration mandate in respect of sports flying equipment;

(l) the model of the protocol under Section 91a (3) of the Act and the reports under Section 91a (4) of the Act,

(m) the extent of liability insurance for damage caused by aircraft operations;

(n) data transmitted for the purpose of the statistical survey by the Ministry of Transport and data on the number of passengers checked in by the groundhandling service provider to the airport operator;

(o) the operating and management conditions of the unmanned system; and

(p) digital map.

(2) The details for the implementation of the provisions of § 8 (3), § 9, § 10 (4), § 12 (1) (c) and § 3, § 15 (2), § 20 (3), § 22 (2) and (9), § 26 (2), § 39 (2), § 44 (1), § 47 (2), § 53 (2), § 55 (4), § 80 (2) and § 85 (3) contain provisions (standards and recommendations) issued on the basis of Article 37 of the Convention on International Civil Aviation, as amended by the Czech Republic represented by the Ministry of Transport and Connection.1).

§ 1a

Air Register

[Articles 4 (2) (d), 4 (4), 5 (2) and 5a (2) of the Law]

(1) The other basic technical data on aircraft registered in the aviation register are:

(a) the type of aircraft;

(b) the manufacturer and the year of manufacture;

(c) colour,

(d) the maximum number of persons on board the aircraft in flight;

(e) maximum take-off mass.

(2) The application for the advance assignment of the registration number shall contain:

(a) data under special legislation (1a) on the applicant;

(b) the name, names and surname, date of birth and permanent residence of the natural person, or the name, or the name, or the name, and surname, date of birth, place of business and identification number of the natural person who is an entrepreneur, or the name, seat and identification number of the legal person who is the owner or operator of the aircraft, unless he is simultaneously an applicant;

(c) the type and production number of the aircraft;

(d) the date of expected entry into service in the Czech Republic.

(3) The application to register an aircraft shall include:

(a) data under special legislation (1a) on the applicant;

(b) the name, names and surname, date of birth and permanent residence of the natural person, or the name, or the name, or the name, and surname, date of birth, place of business and identification number of the natural person who is an entrepreneur, or the name, seat and identification number of the legal person who is the owner or operator of the aircraft, unless he is simultaneously an applicant;

(c) an indication of the type and type of aircraft, the production number of the aircraft and other basic technical information on the aircraft.

(4) An application to register an aircraft shall be accompanied by:

(a) a certified copy of the contract or of the instrument of establishment or establishment of a legal person, in the case of legal persons, by means of an extract from the commercial register or other registration under specific legislation, in the case of business individuals, by an extract from the commercial register or a certified copy of the relevant business authorisation;

(b) a certified copy of the document certifying the operator's legal relationship with the aircraft and of the document certifying the owner's consent to register, unless the owner is simultaneously an aircraft operator;

(c) evidence of contracted liability insurance for aircraft operations;

(d) where the aircraft is operated only for sports and recreational purposes, by a declaration of that fact;

(e) in the case of imports, a confirmation that the aircraft is not registered in the State from which it is imported;

(f) a certified copy of the pledge document binding on the aircraft, if established.

(5) The application for entry of a lien in respect of an aircraft registered in an aircraft contains:

(a) data according to the specific legislation (1a) on applicants;

(b) the determination of the claim for which the lien was established, including the amount and maturity of the claim;

(c) the designation of the aircraft on which the lien is established, indicating the type and type of aircraft, the registration number of the aircraft and the production number of the aircraft.

(6) A copy or a certified copy of the proof of establishment of the aircraft lien shall be annexed to the application for a lien on an aircraft registered.

(7) When transferring ownership to an aircraft registered, a copy or a certified copy of the document certifying the acquisition of the aircraft shall be attached.

(8) The approval of the aircraft owner to change the aircraft operator registered shall be accompanied by the approval of the aircraft operator.

§ 2

Forms of application for product type-approval and supporting documents

(to Article 7 (8) of the Law)

(1) The legal or natural person applying for product type-approval shall submit to the Civil Aviation Authority (hereinafter referred to as "the Authority") an application in which, in addition to the general requirements (1a), he shall indicate:

(a) the product type,

(b) the purpose for which the product is to be used;

(c) the regulations and technologies under which the construction of the product will or has been carried out.

(2) The applicant shall accompany the application with the following documents:

(a) a certified copy of the contract or of the instrument of establishment or establishment of a legal person, an extract from the Commercial Register or any other register under specific legislation, an extract from the Commercial Register or a certified copy of the relevant business authorisation,

(b) documentation of compliance with the requirements laid down in Regulation (2) on product safety and environmental protection;

(c) proof of compliance with the rules under which the product has been constructed or a list of the rules under which the product will be constructed;

(d) technical details of the product needed for the issue of the airworthiness certificate;

(e) a product type-approval decision issued by another State for a product put into service in the Czech Republic, including type-approval documentation with a change service,

(f) complete accompanying documentation of the product put into service in the Czech Republic.

§ 3

Method of product type-approval

(to Article 7 (8) of the Law)

(1) The Authority, when approving a product type, will assess compliance with the product safety and environmental requirements; may require technical tests to be carried out with the participation of the Authority or with the participation of a foreign aviation authority.

(2) The Authority shall, when approving a product, proceed according to the rules applicable to type-approval (3) of the product on the date of application, depending on the territory where the product is to be operated.

§ 4

Acceptance of an aircraft for airworthiness review

[to Paragraph 12 (2) (b) of the Law]

The aircraft operator shall bring the aircraft to the aerodrome designated by the Authority no later than 12 months after the date of issue of the airworthiness certificate and at the latest periodically within the time limits specified in the airworthiness certificate issued. At the same time, the aircraft operator shall submit records of aircraft operations, including aircraft maintenance records.

§ 4a

(to § 12a (7) of the Act)

The model of the report under Section 12a (5) of the Act is set out in Annex 9 to this Decree.

§ 5

Aircraft parts and equipment and ground equipment and the particulars of the application for approval of their competence

(Articles 16 (1) and (2) of the Law and 17 (1) of the Law)

(1) The list of parts and appliances and aeronautical ground equipment whose development, design, production, testing, installation, maintenance, repair, modification and design changes may be carried out by a legal or natural person authorised to do so by the Authority and which may be used in civil aviation only if they have been approved or recognised as having their competence is set out in Annex 1 to this Decree.

(2) In the application for approval of the airworthiness of parts and appliances and aeronautical ground equipment, the applicant shall indicate, in addition to the general requirements (1a):

(a) the type of aircraft part and equipment and air ground equipment;

(b) the purpose for which the component and equipment and aeronautical ground equipment are to be used;

(c) the regulations and technologies under which the component and equipment and ground equipment are or have been developed.

(3) The applicant shall accompany the application with the following documents:

(a) a certified copy of the contract or of the instrument of establishment or establishment of a legal person, an extract from the Commercial Register or any other register under specific legislation, an extract from the Commercial Register or a certified copy of the relevant business authorisation,

(b) documentation of compliance with the requirements laid down in Regulation (2) on the characteristics of parts and appliances and aeronautical ground equipment;

(c) the technical details of the part and equipment and of the ground equipment needed for the approval or recognition of the competence of the part and equipment and of the ground equipment.

§ 6

Forms of application for authorisation for development, design, production, installation, repair, testing and maintenance of products, parts and appliances and aeronautical ground equipment

(Article 17 (3) of the Law)

The legal or natural person intending to carry out the development, design, manufacture, installation, repair, testing and maintenance of products, parts and appliances and aeronautical ground equipment shall submit to the Authority an application for authorisation for such activity, in which, in addition to the general requirement (1a) shall indicate:

(a) the definition of the activity under consideration;

(b) the identification of the persons responsible for checking the quality of production;

(c) the names, surnames and qualifications of the persons proposed by the applicant to the Office for the purpose of conducting supervision;

(d) in the case of a legal person, a certified copy of the contract or instrument of establishment or establishment of a legal person, in the case of legal persons registered in the commercial register, an extract from the commercial register;

(e) a product type-approval decision or a decision on the suitability of parts and appliances and aeronautical ground equipment;

(f) the design of the production organisation, including the manufacturer's organisation scheme indicating the obligations and responsibilities and the designation of the representative responsible and the persons responsible for quality control of production;

(g) quality management and control system for production;

(h) a description of the tests necessary to demonstrate compliance with the approved type;

(i) a list of manufacturing and accompanying technical documentation including maintenance, repair and testing documentation, for the prototype, a list of documentation characterising the characteristics of the product, parts and appliances and of the aircraft ground equipment; for the taking over of the production of the product, part and equipment and of the air ground equipment of an approved type, an updated list of the production and accompanying documentation taken over, a description of the production and testing equipment;

(j) a list of the names and addresses of the subcontractors supplying the products, parts and appliances and of the aircraft ground equipment to which a type-approval decision has been issued by the Authority, or a consent to the use of the product, part and appliances and of the aviation ground equipment in civil aviation, and a list of the subcontractors whose products, parts and appliances and aeronautical ground equipment are subject to the exercise of state professional supervision by the Authority; in the case of foreign subcontractors, documents demonstrating the capability of the product, component and equipment supplied and the aircraft ground ground equipment for civil aviation use;

(k) a description of the method and forms of identification of the units meeting the requirements of Regulation (3).

§ 6a

Paragraph 2 to 6 shall apply to legal relationships which are not covered by the directly applicable European Union3a).

§ 7

Conditions for authorisation

(Article 17 (3) of the Law)

The Office shall grant an authorisation to the legal or natural person who has, for the required activity:

(a) production facilities and equipment, including measuring equipment;

(b) production documentation;

(c) the organisation of production and its control system;

(d) quality management system,

(e) the production reliability management programme;

to ensure compliance with the technological procedures laid down for these purposes by international regulation.4)

§ 8

Professional knowledge of natural persons who develop, design, manufacture, installation, repair, testing or maintenance of products, parts and appliances and ground flying equipment

(Article 17 (3) of the Law)

(1) For the function of the head of the workplace where the development, design, manufacture, installation, repair, testing and maintenance of products, parts and appliances and aeronautical ground equipment are carried out, a full secondary vocational training in the machinery or electrical or transport direction or a higher education in the machinery or electrical or transport direction and experience of at least five years in civil aviation production or repair. The same education and practice is required for the post of Deputy Head of the Institute and for the post of Head of Quality Control.

(2) Other persons shall be required to have an education determined by the employer and corresponding to the type of activity concerned. Education shall be demonstrated by means of a certificate in the relevant field, where appropriate by evidence of full secondary vocational education or by evidence of higher education, if required for the activity in question.

§ 8a

Encoded devices

(to Paragraph 17a (1) of the Law)

Other coded devices that may be assigned an aircraft address ("coded devices') are:

(a) vehicles moving on the surface of an aerodrome which are laid down by aviation regulations;

(b) ground control transponders;

(c) equipment developed or repaired;

(d) other equipment used for civil or military aviation purposes.

§ 8b

Details of the application for an aircraft address and supporting documents

(to Article 17b (6) of the Law)

(1) An application for an aircraft's address shall contain:

(a) data under special legislation (1a) on the person who is the aircraft operator;

(b) an indication of the type of aircraft and its serial number.

(2) The application for the allocation of an aircraft address to a sporting flying device contains:

(a) information pursuant to special legislation (1a) on the person who is the operator or pilot of the sport flying equipment;

(b) the type of sport flying equipment and its basic technical data.

(3) The application for the assignment of an aircraft address to a coded device contains:

(a) data pursuant to the special legislation (1a) on the person who is the operator of the coded device;

(b) description, location and basic technical data of the coded equipment;

(c) the reason for the request to assign an aircraft address to the coded equipment.

(4) The application for an aircraft address shall be supported by:

(a) the written consent of the owner of the aircraft or of the sports flying equipment or of the coded equipment, unless the owner is at the same time the aircraft operator or operator or pilot of the sport flying equipment or operator of the coded equipment;

(b) a certificate of registration of the aircraft in the register or a valid technical certificate of the sport flying equipment.

§ 8c

Details of keeping a list of assigned aircraft addresses

(to Paragraph 17d (4) of the Law)

(1) The list of assigned aircraft addresses is composed of:

(a) from the aircraft address database; and

(b) the database of aircraft, sports flying equipment and coded equipment.

(2) Each aircraft address, except those allocated to the Ministry of Defence, shall be indicated:

(a) the registration number of the aircraft or the sport flying equipment;

(b) the type of aircraft or sports flying equipment or coded equipment;

(c) the operator of the aircraft or operator or pilot of the sport flying equipment or the operator of the coded equipment;

(d) the owner of the aircraft or sports flying equipment or coded equipment;

(e) the date of designation of the aircraft address;

(f) date of withdrawal of the aircraft address,

(g) information on changes in the data referred to in points (a) to (f).

(3) For aircraft addresses allocated to the Ministry of Defence, only the data referred to in paragraph 2 (e) and (f) are given.

(4) For each aircraft or sport flying gear or coded equipment, indicate:

(a) a valid assigned aircraft address;

(b) the date of designation of the aircraft address;

(c) the date of withdrawal of the aircraft address;

(d) an indication of the previously assigned aircraft addresses including the allocation and withdrawal dates.

§ 9

Technical and operational conditions of each airport type and details of the content of the application to determine the airport type

(Article 25 (3) of the Law)

(1) The applicant shall submit a written request to the Authority setting out the type of airport or amending it, indicating:

(a) data according to the specific legislation1a);

(b) the designation of the owner of the airport, if the applicant is not the owner,

(c) the designation of the airport and its description.

(2) The application must be accompanied by:

(a) a certified copy of the contract or instrument of establishment or establishment of a legal person, in the case of legal persons incorporated in the Commercial Register by means of an extract from the Commercial Register and an authorisation to operate an airport;

(b) a document certifying that the applicant is the owner of the airport or that he has another legal relationship with the airport and a document certifying the agreement of the airport owner to determine the type of airport or its change, unless the owner is, or is not, the airport operator at the same time;

(c) an extract from the real estate register and an image from the cadastral map showing the airport parcels;

(d) by proposing the manner and extent of use of the airport (airport rules).

(3) The technical and operational conditions of each type of aerodrome, the compliance of which is demonstrated by the aerodrome operator under the specific conditions of use of the aerodrome, are set out in Annex 3.

§ 9a

Forms of application for designation of an airport as an airport with planned operation or a coordinated airport

(to Paragraph 32 (1) of the Law)

The request to designate an airport as an airport with planned operations or a coordinated airport shall include:

(a) details of the person who is an airport operator or air carrier according to the special legislation (1a);

(b) a copy of the permit to operate an airport or a licence to operate a commercial air transport service;

(c) analysis of airport capacity under the directly applicable European Union Regulation (4a).

§ 11

Forms of application for airport time allocation

(Article 32 (3) of the Law)

The application for airport time shall include:

Citation	Decree of the Ministry of Transport and Communications No. 108 / 1997 Coll., implementing Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended
Regulation Type	Order
Author	-
Collection	Code of Laws

Date of Promulgation	14.05.1997
Effective from	14.05.1997
Effective until	-
Status	Valid

Decree of the Ministry of Transport and Communications, implementing Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended

Contents

§ 1

§ 1a

§ 2

§ 3

§ 4

§ 4a

§ 5

§ 6

§ 6a

§ 7

§ 8

§ 8a

§ 8b

§ 8c

§ 9

§ 9a

§ 11

Contents

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