Communication from the Ministry of Transport No. 263 / 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 / 2)
Valid
Communication
Text versions:
10.09.2010
263
COMMUNICATION
Ministry of Transport
On 3 March 2010, the Ministry of Transport issued, pursuant to the provisions of Section 82 (1) of Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Commercial Business (Trade Trade Act), as amended, a decision on the delegation of the Aeroclub of the Czech Republic to perform a public service in matters of sports flying equipment (No. 94 / 2010-220-SP / 2), which gained legal power 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 the following types of sports flying equipment under the provision of § 81 paragraph 2 of Act No. 49 / 1997 Coll., as amended:
(a) an ultra-light glider; and
(b) an ultra-light motor glider.
(2) This mandate authorises the airworthiness verification of motor sports flying equipment referred to in Article 1 (b) which is equipped with a single piston engine.
(3) This mandate decision authorises the airworthiness verification of the sport flying equipment referred to in Article 1 (hereinafter referred to as "the SLZ concerned"), constructed either as a complete assembly or in an assembly kit, in amateur or professional form 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) This mandate decision does not justify the approval and verification of the functionality of an installation whose indication depends on the longitudinal and height spacing of such equipped sport flying equipment from other air traffic, or whose indication 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. A pilot or other user of the SLZ in question may use the above mentioned equipment only if, in their installation and in their operation, it is followed by a special regulation.
6) 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.
7) 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.
8) 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 by means of competent persons according to the provisions of § 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 prevent damage.
(b) When carrying out traffic control, the delegate shall aim at checking pupils, pilots, instructors and compliance with the conditions for safe conduct of the flight and other conditions laid down in the general rules on flight and the rules issued by the delegate.
9) Under this mandate, the delegate shall:
(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 6.
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 8 of this mandate, to supervise the activities of users of the SLZ in question 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 mandate issued by the Ministry of Transport by the Civil Aviation Service by the Decision of 9 December 2005, No 1455 / 2005-220-SP / 3, expires on the date of the legal authority of this delegation.
Reasons
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.
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Regulation Information
| Citation | Communication from the Ministry of Transport No. 263 / 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 / 2) |
|---|---|
| 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.
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