Communication from the Ministry of Transport No. 262 / 2010 Coll.

Communication from the Ministry of Transport on the decision to delegate the Aeroclub of the Czech Republic to state administration in matters of sports flying equipment (No 94 / 2010-220-SP / 3)

Valid Communication
Text versions: 10.09.2010
262
COMMUNICATION
Ministry of Transport
On 3 March 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 delegation of the Aeroclub of the Czech Republic to the performance of the state administration in matters of sports flying equipment (No. 94 / 2010-220-SP / 3), which gained legal authority on 3 March 2010. The text of that Decision is as follows:
Ministry of Transport - Department of Civil Aviation, as the relevant and locally competent administrative authority, pursuant 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 Fair Act), as amended, and § 11 (1) (e) of Act No. 500 / 2004 Coll., as amended, decided as follows:
Aeroclub of the Czech Republic, IČ: 00 53 74 03, based in Prague 4 - Spořilov, U mlna 3, Postal code 141 00, according to the provisions of § 82 (1) of Act No. 49 / 1997 Coll., as amended, is entrusted with the performance of public administration in matters of sports flying equipment, thus verifying their airworthiness and competence of pilots, builders, manufacturers and other users of sports flying equipment, including the registration and issue of relevant documents.
1) The Aeroclub 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 sports parachutes and their components, meaning the main parachutes, reserve parachutes and their carrier harnesses (hereinafter referred to as "sports parachutes").
2) This mandate decision authorises the verification of the airworthiness of sport parachutes produced in the Czech Republic as well as of sports parachutes manufactured and approved for operation abroad which have been imported into the Czech Republic.
3) The authorised person shall notify the Ministry of Transport of the responsible person to ensure the performance of the public administration in the field of sports flying equipment within 10 days of its entry into force.
4) The delegate shall act 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.
5) In accordance with the provisions of § 83 (1) (a) and (k) of Act No. 49 / 1997 Coll., as amended, supervision of the activities of parachutists, manufacturers and other users of sports parachutes is exercised by qualified persons in accordance with the provisions of § 84a of the same Act.
(a) In the framework of this supervision and in order to prevent accidents and incidents in skydiving and damage prevention, the delegate shall be entitled to carry out systematic or random checks on the operation and production of sports parachutes, as provided for in Section 84a of Act No. 49 / 1997 Coll., as amended. In the event of findings of deficiencies which may adversely affect the safety of parachuting operations, the authorising officer shall be entitled to take measures to improve safety and prevent damage.
(b) When carrying out traffic control, the delegate shall, in particular, aim at checking compliance with the rules for the conduct of sports parachute jumps and procedures for carrying out other activities related to the use of the sport parachute, as specified in the general rules on flight and the rules issued by the delegate, including the control of the activities of instructors and training centres.
(6) The delegate shall, under this mandate, be obliged:
(a) Notify the Ministry of Transport of the change of the responsible person intended to ensure the performance of the state administration pursuant to Article 3.
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, competent persons, in accordance with point 5 of this mandate, to supervise the activities of sports parachute users 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.
7) The delegate shall be entitled to:
(a) Announce public parachute competitions, which will be attended exclusively by users of sports parachutes, and allow parachute jumps outside the airport.
(b) In the field of maintaining the competence of rescue pilot parachutes for operators in the Czech Republic to carry out the following activities:
(i) operational verification of the capability of rescue pilot parachutes in accordance with the accompanying technical documentation - parachute recorders for rescue pilot parachutes;
(ii) carrying out inspections and packaging of rescue pilot parachutes as described in technical specifications;
(iii) the conduct of training, checking and granting qualifications to applicants for authorisation to pack individual types of rescue pilot parachutes.
The above activities shall be carried out in accordance with the change service and with the instructions of the authorised manufacturer of rescue pilot parachutes. Only the Ministry of Transport may issue a type certificate of competence for the rescue parachute, i.e. consent to the use of the product in civil aviation and the relevant approval of the manufacturer or repairman.
The mandate issued by the Ministry of Transport by the Civil Aviation Service by the Decision of 9 December 2005, No 1456 / 2005-220-SP / 3, expires on the date of the legal power of this delegation.
In the context of the procedure, the applicant for authorisation 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 verifying the airworthiness of sports parachutes and the competence of their 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.

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Regulation Information

CitationCommunication from the Ministry of Transport No. 262 / 2010 Coll., on the issue of a decision to delegate the Aeroclub of the Czech Republic to state administration in matters of sports flying equipment (No. 94 / 2010-220-SP / 3)
Regulation TypeCommunication
Author-
CollectionCode of Laws
Date of Promulgation10.09.2010
Effective from-
Effective until-
Status Valid
The regulation text is for informational purposes only.
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