Communication from the Ministry of Transport No. 261 / 2010 Coll.
Communication from the Ministry of Transport on the decision to delegate the Aviation Amateur Association of the Czech Republic to state administration in matters of sports flying equipment (No. 94 / 2010-220-SP / 1)
Valid
Communication
Text versions:
10.09.2010
261
COMMUNICATION
Ministry of Transport
On 19 February 2010, the Ministry of Transport issued on the basis of the provisions of § 82 (1) of Act No. 49 / 1997 Coll., on Civil Aviation and on the amendment and amendment of Act No. 455 / 1991 Coll., on Business Business (Trade Trade Act), as amended, a decision on the mandate of the Amateur Association of the Czech Republic to perform state administration in matters of sports flying equipment (No. 94 / 2010-220-SP / 1), which gained legal power on 19 February 2010. The text of that Decision is as follows:
Ministry of Transport - Department of Civil Aviation, as the relevant and locally competent administrative authority according to the provisions of § 88 (1) (h) of Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Commercial Business (Trade Code), as amended, and § 11 (1) (e) of Act No. 500 / 2004 Coll., as amended, decided as follows:
Amateur Association of the Czech Republic, IČ: 48 13 74 81, based in Prague 10 - Hostivař, Ke Kablu 289, Postal Code 102 00, registered by the Ministry of Interior in the register of civil associations under VSC / 1-17 223 / 92-R, according to the provisions of § 82 (1) of Act No. 49 / 1997 Coll., as amended, is responsible for the performance of public administration in matters of sports flying equipment.
1) The Amateur Association of the Czech Republic (hereinafter referred to as the "authorised person") carries out the activities referred to in the provision of § 83 paragraph 1 of Act No. 49 / 1997 Coll., as amended, for the following types of sports flying equipment according to the provisions of § 81 paragraph 2 of Act No. 49 / 1997 Coll., as amended:
(a) parachute glider;
(b) hang glider,
(c) ultra-light aeroplane;
(d) motor parachute glider;
(e) motor suspension glider,
(f) ultra-light motor vortex,
(g) ultralight helicopter.
2) This mandate authorises airworthiness verification:
(a) non-motorised sports flying equipment referred to in Article 1 (a) and (b) which are constructed as land and non-motorised;
(b) motor sports flying equipment referred to in points (c) to (g) of Article 1, which are designed as ground and equipped with one piston or electric motor.
3) This mandate decision authorises the airworthiness verification of the sports flying equipment referred to in Article 1 (hereinafter referred to as the "SLZ") constructed either as a complete assembly or in an assembly kit to be built in an amateur or professional capacity in the Czech Republic.
4) This mandate decision authorises the airworthiness verification of the relevant SLZ manufactured and approved for operation abroad, which was imported in the Czech Republic complete or in a kit for assembly.
5) The approval of the Amateur Amateur Association of the Czech Republic for the airworthiness verification of the relevant SLZ, which are designed by other means, will in a particular case be decided by the Ministry of Transport at the request of the builder or the manufacturer of the sports flying equipment submitted through the Amateur Amateur Association of the Czech Republic before the construction of such a sports flying equipment or its introduction from abroad.
(6) This mandate decision does not justify a separate airworthiness check of ultra-light helicopters. The condition for verifying the airworthiness of ultra-light helicopters is their professional production and prior to obtaining a foreign certification, or for obtaining a similar certificate verifying the airworthiness of an ultra-light helicopter abroad.
7) This mandate decision does not justify the approval and verification of the functionality of an installation the indication of which depends on the longitudinal and height spacing of such equipped sport flying equipment from other air traffic, or the indication of which depends on compliance with the instruction issued by the air traffic service provider within the meaning of the provisions of § 45 (3) of Act No. 49 / 1997 Coll., as amended, in particular secondary radar transponders, VOR navigation instruments, route signal receivers and other equipment. The user of the sport flying equipment may only use the said equipment if, in their installation and operation, it is carried out in accordance with a special regulation. The authorisation for the installation and periodic check of the functionality of the above equipment installed in the SLZ in question may be issued by the authorised person only to the person authorised to do so by the Civil Aviation Authority.
8. This mandate shall not apply to the establishment of conditions for the selection and approval of areas for take-off and landing of the above mentioned sports flying equipment set up on the water surface. The conditions for the selection and approval of the areas for take-off and landing of the above mentioned sports flying equipment set up at the water level will be decided individually by the Ministry of Transport upon request of the authorised person.
9) The authorised person shall notify the Ministry of Transport of the responsible person intended to ensure the performance of the public administration in the field of sports flying equipment within 10 days of its entry into force.
10) The authorised person shall proceed in accordance with the implementing rules which he or she issues and which lay down in more detail the various activities of his or her administration. One set of all regulations issued by the authorised person shall be deposited with the Ministry of Transport as certified.
11) In accordance with the provisions of § 83 (1) (a), (c) and (k) of Act No 49 / 1997 Coll., as amended, the authorised person shall supervise the activities of pilots, builders, manufacturers and other users of the SLZ in question through competent persons as provided for in § 84a of the same Act.
(a) In the framework of this supervision and in order to prevent accidents and incidents caused by the SLZ and to prevent damage, the delegate shall be entitled to carry out systematic or random checks on the operation, construction and production of the SLZ in accordance with § 84a of Act No. 49 / 1997 Coll., as amended. In the event of deficiencies which may adversely affect the safety of the operation of sport flying equipment, the authorising officer shall be entitled to take measures to improve safety and to avert damage.
(b) When carrying out traffic control, the delegate shall aim at checking pupils, pilots, instructors and pilot training centres for sports flying equipment and compliance with the conditions for safe conduct of the flight and other conditions laid down in the general rules of flight and the rules issued by the delegate.
12) The authorising officer shall be required to:
(a) Notify the Ministry of Transport of the change of the responsible person intended to ensure the performance of the administration pursuant to Article 9.
b) Submit amendments to regulations subject to approval under the provisions of § 83 paragraph 1 (b) of Act No. 49 / 1997 Coll., as amended, to the Ministry of Transport at least 30 days before their implementation.
(c) Appoint, in the functions of traffic inspectors and technicians, the competent persons, in accordance with point 11 of this mandate, to supervise the activities of users of the SLZ concerned and to submit their list to the Ministry of Transport.
(d) To provide the Ministry of Transport on request with data from the registration of the SLZ species concerned and the registration of issued certificates of their users.
(e) Notify the Ministry of Transport of more serious cases justifying the suspicion that an administrative offence has been committed by the SLZ user, in particular cases where the activities of the SLZ users have been compromised by life and health, or property of third parties.
f) Ensure the availability of regulations, training syllables or other procedures issued by the delegate to all their users.
The date of the legal power of this delegation shall cease to be the date of validity of the delegation issued by the Ministry of Transport, the Civil Aviation Service, by the Decision of 18 November 2005, No 1359 / 2005-220-SP / 3.
In the context of the procedure, the applicant for delegation has demonstrated that he meets all the requirements required by Act No 49 / 1997 Coll., as amended, he has the appropriate technical equipment and qualified staff for the airworthiness verification of those types of sports flying equipment and the competence of his users, including the registration and issue of relevant documents.
In accordance with the provision of § 68 (4) of Act No. 500 / 2004 Coll., as amended, no more detailed justification is necessary as the applicant complies fully with the requirements. In view of the above, it was decided as set out in the operative part of this Decision.
Minister:
JUDr. Barta v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Communication from the Ministry of Transport No. 261 / 2010 Coll., on the issue of a decision to delegate the Aviation Amateur Association of the Czech Republic to the performance of state administration in matters of sports flying equipment (No. 94 / 2010-220-SP / 1) |
|---|---|
| Regulation Type | Communication |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.09.2010 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
Legal Areas:
Transport
Administrative law
The regulation text is for informational purposes only.
Comments 0