Act No. 146 / 2000 Coll.
Act amending Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended
Valid
Law
Effective from 12.06.2000
Text versions:
12.06.2000
146
THE LAW
of 10 May 2000
amending Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Commercial Business (Trade Act), as amended, as amended, Act No. 189 / 1999 Coll., is amended as follows:
1. In Article 4 (2), the following sentence is inserted after the first sentence: "Everyone is entitled to consult the aviation register and require the Office to copy or extract the recorded data or confirm that the entry in the aviation register is not entered."
2. in Paragraph 4 (2) (e):
'(e) the establishment of a lien on an aircraft, component aircraft and spare parts for an aircraft and its components,';
3. the following Sections 5a and 5b are inserted after Section 5:
(1) An application for entry of a pledge on an aircraft shall be submitted by the aircraft owner together with the lien creditor.
(2) The application for entry of a lien in respect of an aircraft registered in an aircraft shall include:
(a) the trade name or name and registered office or the name and address of the lien and lien of the lien;
(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, including an indication of the type of aircraft, the registration mark and the production number of the aircraft.
(3) The application for entry of a lien on an aircraft registered must be accompanied by evidence of the establishment of a lien on an aircraft.
(4) If the conditions laid down in this Act for the entry of a lien in the aviation register are fulfilled, the Office shall record and inform the applicant and the lien accordingly.
(5) The contractual lien for an aircraft is established on the date of entry of the lien in the register in accordance with the order of the applications received. Contractual liens registered in the aviation register prior to the application of this Act, if they continue to exist, shall be considered as liens arising from the date on which they were registered.
(6) Any person who acts in confidence in the registration of a pledge on an aircraft in the air register may not object to the fact that the registration is not in line with the facts.
(1) The contracts for the transfer of ownership of an aircraft must take a written form. The transfer of ownership and lien to an aircraft registered shall take effect on the date of entry into the register.
(2) The approval of the lien creditor is needed to transfer ownership of the aircraft stopped.
(3) A lien creditor whose lien is entered in the register is entitled, in the enforcement of the decision, to seek priority satisfaction from the sale of an aircraft before another lien creditor, not of a creditor whose lien was registered earlier, as well as of a creditor who has the right of detention on the aircraft.
4. In Article 6 (1), the words "the owner of the aircraft, the lien creditor and the persons to whom the registration relates' shall be inserted after the words" the obligation '; the words "they are obliged' shall be replaced by the words" they are obliged ';
5. In Article 6 (2), the words "or owner 'shall be inserted after the words" at the operator's request'.
6. In Paragraph 6 (2), the following sentence is inserted before the last sentence: "If no aircraft is sold in the course of the execution of the decision, the Authority may delete the aircraft from the register only if all holders of the rights relating to the aircraft registered in the register have given their consent. '
7. The following Sections 6a and 6b are inserted after Section 6:
The removal of the entry of a lien in respect of an aircraft registered by the Authority shall be carried out at the request of the lien creditor or on his own initiative on the basis of a document proving the loss of lien. The Office shall inform the aircraft owner, the pawn, if not the aircraft owner at the same time, and the lien creditor of the deletion of the registration.
(1) The creation of pledge rights for aircraft components and spare parts for aircraft and components thereof and the registration of such rights in the aviation register, as well as the deletion of pledge rights for aircraft parts and spare parts for aircraft and parts thereof from the aviation register, shall be subject to the provisions of Sections 5a and 6a mutatis mutandis.
(2) The owner of spare parts for the aircraft and its components on which the lien registered in the aviation register is bound must ensure that:
(a) placing in storage separately from other spare parts;
(b) a measure with a visible indication of the existence of a lien, indicating the commercial name of the lien and the register in which the lien is registered. "
8. In Paragraph 102 (1), the second sentence is deleted.
9. in Paragraph 102 (2), including footnotes 12), 13) and 14) shall read as follows:
"(2) Airport and civil aviation operators, persons entrusted with the operation of air services, operators of air activities and other persons involved in civil aviation are required to comply with the aviation regulations which are in accordance with the international treaties by which the Czech Republic is bound
(a) International Civil Aviation Organisation, 12)
(b) by the association of aviation authorities in accordance with European Community regulations, 13); and
(c) EUROCONTROL, 14)
in the version adopted by the Czech Republic represented by the Ministry of Transport and Communications. These regulations are published in the Aviation Information Manual and are available at the Ministry of Transport and Communications and at the Office.
12) Convention No. 147 / 1947 Coll., on International Civil Aviation, as amended.
13) Council Regulation No 3922 / 91 of 16 December 1991 on the harmonisation of technical requirements and administrative procedures in the field of civil aviation, as amended by Council Regulation No 2176 / 96 EEC.
14) Communication from the Ministry of Foreign Affairs No. 159 / 1996 Coll., on the International Convention for Cooperation in the Security of Air Traffic - European Organisation for the Safety of Air Navigation (EUROCONTROL). '
Efficacy
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 146 / 2000 Coll., amending 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 | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.06.2000 |
|---|---|
| Effective from | 12.06.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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