THE AGREEMENT BY THE NAME OF THE REPUBLIC OF CZECH REPUBLIC No 147 / 1947 Coll.
Convention on International Civil Aviation
Valid
Effective from 04.04.1947
Contents
Část I.
HLAVA I.
Článek 1.
Článek 2.
Článek 3.
Článek 4.
HLAVA II.
Článek 5.
Článek 6.
Článek 7.
Článek 8.
Článek 9.
Článek 10.
Článek 11.
Článek 12.
Článek 13.
Článek 14.
Článek 15.
Článek 16.
HLAVA III.
Článek 17.
Článek 18.
Článek 19.
Článek 20.
Článek 21.
HLAVA IV.
Článek 22.
Článek 23.
Článek 24.
Článek 25.
Článek 26.
Článek 27.
Článek 28.
HLAVA V.
Článek 29.
Článek 30.
Článek 31.
Článek 32.
Článek 33.
Článek 34.
Článek 35.
Článek 36.
HLAVA VI.
Článek 37.
Článek 38.
Článek 39.
Článek 40.
Článek 41.
Článek 42.
Část II.
HLAVA VII.
Článek 43.
Článek 44.
Článek 45.
Článek 46.
Článek 47.
HLAVA VIII.
Článek 48.
Článek 49.
HLAVA IX.
Článek 50.
Článek 51.
Článek 52.
Článek 53.
Článek 54.
Článek 55.
HLAVA X.
Článek 56.
Článek 57.
HLAVA XI.
Článek 58.
Článek 59.
Článek 60.
HLAVA XII.
Článek 61.
Článek 62.
Článek 63.
HLAVA XIII.
Článek 64.
Článek 65.
Článek 66.
Část III.
HLAVA XIV.
Článek 67.
HLAVA XV.
Článek 68.
Článek 69.
Článek 70.
Článek 71.
Článek 72.
Článek 73.
Článek 74.
Článek 75.
Článek 76.
HLAVA XVI.
Článek 77.
Článek 78.
Článek 79.
Část IV.
HLAVA XVII.
Článek 80.
Článek 81.
Článek 82.
Článek 83.
HLAVA XVIII.
Článek 84.
Článek 85.
Článek 86.
Článek 87.
Článek 88.
HLAVA XIX.
Článek 89.
HLAVA XX.
Článek 90.
HLAVA XXI.
Článek 91.
Článek 92.
Článek 93.
Článek 94.
Článek 95.
HLAVA XXII.
Článek 96.
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147.
Convention
on international civil aviation.
_
OF 7 DECEMBER 1944
_
(Translation)
Convention
on international civil aviation.
An introduction.
Since the future development of international civil aviation can greatly contribute to the creation and maintenance of friendship and understanding between nations and the world's people, while its abuse may threaten general security, and
because it is desirable that disagreements be avoided and that cooperation between states and nations on which world peace rests will spread;
Therefore, signed governments, agreed on certain principles and adaptations so that international civil aviation can develop safely and properly and that international air transport services can be established on the basis of the same possibilities and operate healthily and economically,
have concluded this Convention for that purpose.
Flying.
General principles and validity of the Convention.
Sovereign.
The Contracting States recognise that each State has complete and exclusive sovereignty over its territory.
Territory.
The territory of a State within the meaning of this Convention shall be understood as land-based areas and adjacent to them by coastal waters under the sovereignty, suzerenity, protection or mandate of the State concerned.
Civil and state planes.
(a) This Convention shall apply only to civil aircraft and not to State aircraft.
(b) An aircraft used in the service of military, customs and police will be considered a State aircraft.
(c) No State aircraft of a Contracting State may fly over or land on the territory of another State unless it has received a specific agreement to do so or otherwise, and in accordance with the conditions of that authorisation.
(d) Contracting States undertake to ensure the safety of civil aircraft flying, by issuing regulations for their national aircraft.
Civil aviation abuse.
Each Contracting State agrees not to use civil aviation for any purpose incompatible with the purposes of this Convention.
Flight over the territory of the Contracting States.
The right of irregular flight.
Each Contracting State agrees that all aircraft of other Contracting States which are not used in scheduled international air transport services will be entitled, bound by the provisions of this Convention, to fly on its territory, or to transmittedly, without landing, to fly over, and to land for needs not commercial, without the need to obtain prior permission, and subject to the fact that the overflown State is entitled to request that it land. However, each Contracting State reserves the right, for reasons of flight safety, to request that aircraft which intend to fly over areas which are not accessible or inadequately equipped with air support equipment follow the required air routes or require special permission for such flights.
Where such aircraft are used for the carriage of passengers, goods or mail for remuneration or pay outside regular international civil air transport services, they shall also be entitled, subject to the provisions of Article 7, to receive or unload passengers, goods or mail, subject to the condition that the State in which such disposal and unloading takes place is entitled to lay down the provisions, conditions or limits which it considers appropriate.
Regular air transport services.
No scheduled international air transport service may be operated over or on the territory of a Contracting State, but with specific permission or other authorisation of that State, and in accordance with the conditions of such authorisation or authorisation.
Cabotage.
Each Contracting State shall be entitled to refuse to allow passengers, mail and goods carried for remuneration or salary to be loaded into its territory by aircraft of other Contracting States and destined to another place in its territory. Each Contracting State undertakes not to establish an arrangement by which an other State or an airline of another State would expressly grant any of these privileges on the basis of an exclusive right or not to receive such exclusive privilege from another State.
Planes unmanned by a pilot.
No aircraft which is capable of being operated without a pilot shall fly without a pilot over the territory of a Contracting State but with the special authorisation of that State and in agreement with the conditions of such authorisation. Each Contracting State undertakes to ensure that flights of such aircraft without a pilot are managed in areas accessible to civil aircraft in such a way as to avoid danger to civil aircraft.
Forbidden areas.
(a) Any Contracting State may, on grounds of military necessity or public security, limit or prohibit the flying of aircraft of other States over certain areas of its territory in a uniform manner, subject to the fact that it does not make a difference in this respect between aircraft of the State of which it is affected used for regular international civil air transport services and aircraft of other Contracting States which are used for similar services. Such prohibited areas will be of adequate scale and positions so that flying does not unduly interfere. The descriptions of such prohibited areas in the territory of the Contracting State, as well as any subsequent changes thereto, shall be communicated as soon as possible to the other Contracting States and to the International Civil Aviation Organisation.
(b) Each Contracting State shall also reserve the right, in exceptional circumstances or for the period of urgent need or in the interest of public security, to temporarily restrict or prohibit, with immediate effect, flying over all or part of its territory, provided that such a restriction or prohibition applies to aircraft of all other States irrespective of nationality.
(c) Any Contracting State may, in accordance with the rules it issues, request that any aircraft which enters the areas referred to in paragraphs (a) and (b) above land as soon as possible at an airport designated in its territory.
Landing at the customs airport.
Except where, under the terms of this Convention or special authorisation, an aircraft is permitted to fly across the territory of a Contracting State without landing, any aircraft which enters the territory of a Contracting State shall be obliged, if required by the provisions of that State, to land at an airport designated by that State for customs or other inspection purposes. On departure from the territory of a Contracting State, such aircraft shall depart from a customs airport similarly designated. Details of all airports declared as customs airports shall be published and notified by the State to the International Civil Aviation Organisation established under Part II of this Convention for the purpose of communicating to all other Contracting States.
Air regulations in force.
The laws and regulations of a Contracting State governing the entry into, or exit from, the international aircraft used in its territory, or the operation and flight of such aircraft, if they are in its territory, shall apply, subject to the provisions of this Convention, to aircraft of all Contracting States, irrespective of nationality, and shall be subject to them on entry, exit and residence in that State.
Rules for flying.
Each Contracting State undertakes to take action to ensure that any aircraft flying over its territory or moving within its territory, as well as any aircraft bearing the mark of its nationality, wherever it is located, is subject to the rules and regulations in force there concerning the flight and movement of aircraft. Each Contracting State undertakes to maintain its own rules on such matters to the greatest extent possible in accordance with the provisions laid down from time to time under this Convention. The rules established under this Convention shall apply on the high seas. Each Contracting State undertakes to ensure the prosecution of all persons who would violate the provisions in force in that regard.
Entry and exit regulations.
The laws and regulations of the Contracting State governing the admission to, or exit from, the territory of a passenger, crew or goods of an aircraft, as well as the provisions relating to the entry, exit, immigration, passports, customs and karantens, shall be subject to these passengers, crew or goods themselves or to a representative on entry, exit or residence in that State.
Protection against the spread of infectious diseases.
Each Contracting State agrees to take effective measures to avoid the spread of cholera, typhoid (epidemic), smallpox, yellow fever and pestilence, as well as other infectious diseases identified from time to time by decision of the Contracting States and to this end the Contracting States will be in close consultation with the authorities dealing with international health measures applicable to aircraft. Such consultation shall not impede the implementation of any applicable international Convention on this subject by the Contracting States.
Airport charges and similar charges.
Any airport in a Contracting State accessible to the public by domestic aircraft shall, subject to the provisions of Article 68, also be accessible under the same conditions to aircraft of all other Contracting States. The same conditions will also apply to the use by aircraft of all Contracting States of all air support facilities, including radio and weather services intended for public use for the purpose of securing and accelerating flight.
Any charges which a contracting State would impose or allow to be imposed, using such airports and air support facilities by aircraft of any other Contracting State, will not be higher,
(a) for aircraft not engaged in scheduled international air transport services than those paid by its domestic aircraft of the same group operating similar operations; and
(b) for aircraft operating scheduled international air transport services than those paid by its domestic aircraft operating similar international air transport services.
All such charges shall be published and communicated to the International Civil Aviation Organisation, subject, however, to the fact that, on the basis of the submissions of the participating Contracting State, the fees imposed for the use of airports and other ancillary facilities shall be the subject of an examination by the Council, which shall report on this and make recommendations for consideration by the relevant State or States. A Contracting State may not levy any benefits, taxes or other charges which affect solely the right of transit, entry or exit from its territory of any aircraft of a Contracting State or of persons or property found therein.
A plane tour.
The competent authorities of each Contracting State shall have the right, upon landing or departure, to inspect the aircraft of another Contracting State without undue delay and to examine the certificates and other documents required by this Convention.
Nationality of aircraft.
Nationality of aircraft.
Aircraft shall have the nationality of the State in which they are registered.
Double entry.
The aircraft may not be registered in more than one State but may be transferred from one State to another.
National law governing registration.
The registration or transfer of aircraft in each Contracting State shall be governed by its laws and regulations.
The designation of aircraft by the marks.
Each aircraft used for international flying shall bear the appropriate nationality mark and registration mark.
Listing of entries in the register.
Each Contracting State undertakes to provide, if requested, any other Contracting State or the International Civil Aviation Organisation with information on the registration and ownership of any aircraft entered in its Register. In addition, each Contracting State shall be obliged to submit to the International Civil Aviation Organisation, under the regulations, such specified reports containing adequate data that may be made available to it, the ownership of aircraft registered in that State and used usually for international flying and the power over them. The data thus obtained by the International Civil Aviation Organisation will be made available to the Contracting States which request it.
Aviation facilitation measures.
Facilitating formalities.
Each Contracting State shall agree to issue specific regulations or otherwise take all practicable measures to facilitate and accelerate the flight of aircraft between the territories of the Contracting States and to prevent unnecessary delays in aircraft, crew, passengers and goods, in particular in the implementation of immigration, carantena, customs and exit laws.
Customs and immigration proceedings.
Each State undertakes to establish, where possible, customs and immigration procedures applicable to international aviation, in accordance with a procedure to be established or recommended from time to time in accordance with this Convention. Nothing in this Convention shall be construed as preventing the establishment of free customs airports.
Customs.
(a) Aircraft flying to, from or through the territory of another Contracting State shall be temporarily exempt from customs duties if they are subject to the customs legislation of that State. Propellants, lubricating oils, spare parts, periodic equipment and aircraft supplies which are on board aircraft of a Contracting State on entry into the territory of another Contracting State and remain on board on exit from that State shall be exempt from customs duties, control levies or similar national or local levies and charges. This exemption shall not apply to composite quantities or articles, except in accordance with the provisions of that State which may request that such quantities or articles remain under customs control.
(b) Replacement parts and equipment imported into the territory of a Contracting State to be equipped with aircraft of another Contracting State used for international flight or to be used on such aircraft shall be exempt from customs duty, subject to the condition that they are subject to the provisions of the competent State which may determine that such articles remain under customs supervision and control.
Planes in distress.
Each Contracting State undertakes to provide such assistance to aircraft, in distress within its territory which it considers feasible, and to allow, under the supervision of its own authorities, the owners or authorities of the State in whose register the aircraft is registered to provide such assistance as would be necessary under the circumstances. Each Contracting State, if it starts its search for a missing aircraft, will cooperate on coordinated measures that may be recommended from time to time in accordance with this Convention.
Accident investigation.
In the event of an accident of an aircraft of a Contracting State in the territory of another Contracting State causing death or severe damage to the body or in the event of a serious technical failure of the aircraft or of an aviation aid facility, the State in which the accident occurred shall conduct an investigation into the circumstances of the accident, if its laws so permit, in accordance with the procedure recommended by the International Civil Aviation Organisation. The State in which the aircraft is registered shall be allowed to appoint observers present in the investigation and the investigating State shall report to that State and communicate the result.
Exemption from seizure for interference in patent law.
(a) The aircraft of a Contracting State used for international flight shall not be subject to any penalty against its owner or operator, or any other action, on the lawful entry into, or on behalf of, the territory of another Contracting State or on the grounds that the construction, mechanism, component, accessory or operation of the aircraft is an intervention in the law of the patent, sample or model, duly granted or registered in the State in whose territory the aircraft has entered, in which no security has been lodged in the State in whose territory the aircraft has entered, is requested in respect of the above mentioned freedom of seizure or detention.
(b) The provisions of paragraph (a) of this Article shall also apply to the storage of spare parts and spare parts of aircraft, as well as to the authorisation for their use and installation on the repair of an aircraft of one Contracting State in the territory of the other Contracting State, subject to the fact that such stored parts or equipment will not be sold or differentiated within the Contracting State in whose territory the aircraft entered or commercially exported.
(c) the benefits of this Article shall be enjoyed only by those States which are Parties to this Convention, as well as (1) either by Parties to the International Convention for the Protection of Industrial Property and their Supplies, or (2) by patent laws which recognise inventions made by nationals of other States participating in this Convention and provide them with adequate protection.
Auxiliary aviation facilities and normalisation systems.
Each Contracting State undertakes that, if it considers it feasible,
(a) establish in its territory airports, radio services, meteorological services and other air support facilities in order to facilitate international aviation, in accordance with standards and rules to be recommended or established from time to time under this Convention;
(b) adopt and apply appropriate standardised systems of communication, codes, marking, signals, lighting and other operating methods and rules which may be recommended from time to time, or be established under this Convention;
(c) cooperate on international measures to ensure the issuance of aerial drawings and maps in accordance with standards that can be recommended or established from time to time under this Convention.
Conditions to be met by aircraft.
Airborne documents.
Each aircraft of a Contracting State used for international flight shall, in accordance with the conditions laid down in this Convention, carry the following documents:
(a) his certificate of registration;
(b) its certificate of competence to fly;
(c) appropriate flight licences for each crew member;
(d) his travel logbook,
(e) when equipped with a radio apparatus, permits for an aircraft radio station;
(f) where passengers are transported, a list of their names and their departure and destination,
(g) where the goods, manifesto and detailed declarations of goods are carried.
Radio equipment for aircraft.
(a) In the territory of another Contracting State or above, the aircraft of each Contracting State may be accompanied by a radio transmission device only if the competent authorities of the State in which the aircraft is registered have been granted an authorisation for the installation and operation of such a device. Radio transmitters shall be used in accordance with the provisions issued by that State in the territory of the Contracting State over which they fly.
(b) only members of the flight crew who are authorised by a special authorisation issued for that purpose by the competent authorities of the State in which the aircraft is registered may use radio transmitters.
Certificate of competence to fly.
Each aircraft used for international flight shall be accompanied by a certificate of airworthiness to fly issued or declared valid by the State in which the aircraft is registered.
Personnel ID.
(a) The pilot of each aircraft and other members of the flight crew of each aircraft used for international flight shall be accompanied by diplomas and charters which have been issued or declared valid by the State in which the aircraft is registered.
(b) Each Contracting State reserves the right to refuse, for the purpose of flying over its own territory, the recognition of diplomas and air licences issued to one of its own nationals by another Contracting State.
Recognition of certificates and certificates.
A certificate of competence to fly, diplomas and aviation licences issued or recognised as valid by the Contracting State in which the aircraft is registered shall be recognised as valid by the other Contracting States, subject to the condition that the conditions under which such certificates, diplomas or certificates have been issued or recognised as valid are equal to or stricter than the minimum conditions which may be established from time to time under the Convention.
Travel logs.
For each aircraft used for international flying, a diary shall be kept in which details of the aircraft, its crew and every journey shall be entered as may be prescribed from time to time under this Convention.
Goods transport restrictions.
(a) War ammunition or war material shall not be allowed to be carried by aircraft used for international flight on or above the territory of a State, except in the case that that State gives its permission. Each State shall lay down in the provisions which are understood by war ammunition or war material within the meaning of this Article, in which it shall, for the sake of consistency, take due account of recommendations which may be made from time to time by the International Organisation for Civil Aviation.
(b) Each Contracting State shall reserve the right, modify or prohibit, for reasons of public policy and security in its territory or over the transport of objects other than those referred to in (a), subject to the fact that there is no difference between its domestic aircraft used for international flying and similar aircraft of other States, and that no restrictions are imposed on the transport and use of aircraft of equipment necessary for the operation or conduct of aircraft or the safety of personnel or passengers.
Cameras.
Each Contracting State may prohibit or modify the use of photographic equipment on an aircraft above its territory.
International standards and recommended regulations.
Implementation of international standards and governance.
Each Contracting State undertakes to cooperate to achieve the highest possible degree of uniformity in adaptations, standards, procedures and organisation concerning aircraft, personnel, air routes and ancillary services wherever such uniformity facilitates and improves flying.
To this end, international standards and recommended regulations and management concerning:
(a) systems of air communication and assistance equipment, including ground signs;
(b) characteristics of airports and landing areas;
(c) rules on flying and flight control methods;
(d) licences issued by flying staff and mechanics,
(e) the capability of aircraft to fly;
(f) registration and identification of aircraft;
(g) collecting and exchanging meteorological reports;
(h) on-board books;
(i) aerial drawings and maps;
(j) customs and immigration management,
(k) aircraft in distress and accident investigation;
and other matters relating to the safety, regularity and performance of flying, provided that from time to time the stages can be suitable.
Derogations from international standards and management.
A State which finds it impossible to comply with an international standard or procedure in all respects, or to introduce its own regulation or regulations in full compliance with an international standard or management when such a standard or procedure has been amended or where it considers it necessary to introduce regulations or regulations which differ from those or methods established by an international standard shall immediately notify the International Civil Aviation Organisation of the differences between its own regulation and that established by an international standard. If there are changes to international standards, a State which does not make the relevant amendments in its own Regulations or Regulations shall notify the Council within 60 days of the date of adoption of the amendment to the international standard or of the date of its intention to do so. The Council shall then immediately notify all other States of the difference between the international standard and that of that State.
Notes on certificates and aeronautical legitimacy.
(a) Any aircraft or part of an aircraft for which an international standard on competence to fly or performance applies and which at the time of issuing its certificate to that standard did not comply in any way, shall have a complete calculation of the cases in which it did not comply in its certificate of competence to fly or in its annex.
(b) Any person with an air identity who has not fully complied with the conditions laid down by the international standard applicable to the relevant type of air identity or diploma to which he or she is granted shall have a complete calculation in his or her air identity or an annex thereto of the details in which he or she has not complied with those conditions.
Validity of certificates and aeronautical legitimacy with notes.
No aircraft and no member of staff whose certification or certification is accompanied by such comments shall be permitted to take part in international flight, except with the consent of the State (s) in whose territory it is entered. The registration or use of such an aircraft or part thereof certified in a State other than that in which the certificate was originally issued shall be subject to the will of the State in whose territory the aircraft or part thereof is brought.
Recognition of existing standards on flight eligibility.
The provisions of this Title shall not apply to aircraft and aircraft equipment of types the prototype of which shall be submitted to the competent authorities of the State for certification within three years of the date of adoption of the international standard on eligibility for such equipment.
Recognition of existing standards on staff competence.
The provisions of this Title shall not apply to personnel whose air licences are initially issued within one year of the initial adoption of the international standard on the competence of such personnel; in any case, however, they shall apply to all personnel whose cards remain valid for five years after the adoption of these standards.
International civil aviation organisation.
Contents
Část I.
HLAVA I.
Článek 1.
Článek 2.
Článek 3.
Článek 4.
HLAVA II.
Článek 5.
Článek 6.
Článek 7.
Článek 8.
Článek 9.
Článek 10.
Článek 11.
Článek 12.
Článek 13.
Článek 14.
Článek 15.
Článek 16.
HLAVA III.
Článek 17.
Článek 18.
Článek 19.
Článek 20.
Článek 21.
HLAVA IV.
Článek 22.
Článek 23.
Článek 24.
Článek 25.
Článek 26.
Článek 27.
Článek 28.
HLAVA V.
Článek 29.
Článek 30.
Článek 31.
Článek 32.
Článek 33.
Článek 34.
Článek 35.
Článek 36.
HLAVA VI.
Článek 37.
Článek 38.
Článek 39.
Článek 40.
Článek 41.
Článek 42.
Část II.
HLAVA VII.
Článek 43.
Článek 44.
Článek 45.
Článek 46.
Článek 47.
HLAVA VIII.
Článek 48.
Článek 49.
HLAVA IX.
Článek 50.
Článek 51.
Článek 52.
Článek 53.
Článek 54.
Článek 55.
HLAVA X.
Článek 56.
Článek 57.
HLAVA XI.
Článek 58.
Článek 59.
Článek 60.
HLAVA XII.
Článek 61.
Článek 62.
Článek 63.
HLAVA XIII.
Článek 64.
Článek 65.
Článek 66.
Část III.
HLAVA XIV.
Článek 67.
HLAVA XV.
Článek 68.
Článek 69.
Článek 70.
Článek 71.
Článek 72.
Článek 73.
Článek 74.
Článek 75.
Článek 76.
HLAVA XVI.
Článek 77.
Článek 78.
Článek 79.
Část IV.
HLAVA XVII.
Článek 80.
Článek 81.
Článek 82.
Článek 83.
HLAVA XVIII.
Článek 84.
Článek 85.
Článek 86.
Článek 87.
Článek 88.
HLAVA XIX.
Článek 89.
HLAVA XX.
Článek 90.
HLAVA XXI.
Článek 91.
Článek 92.
Článek 93.
Článek 94.
Článek 95.
HLAVA XXII.
Článek 96.
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Regulation Information
| Citation | THE NAME OF THE REPUBLIC OF CZECH REPUBLIC, No 147 / 1947 Coll., on International Civil Aviation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.08.1947 |
|---|---|
| Effective from | 04.04.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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