Act No. 43 / 1976 Coll.
Act amending and supplementing Act No. 47 / 1956 Coll., on Civil Aviation (Aviation Act)
Valid
Effective from 01.01.1977
43
THE LAW
of 28 April 1976
amending and supplementing Act No 47 / 1956 Coll., on Civil Aviation (Aviation Act)
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Act No. 47 / 1956 Coll., on Civil Aviation (Aviation Act), as amended by Act No. 40 / 1964 Coll., is amended as follows:
1. Paragraph 2 deletes paragraph 2 and the designation of paragraph 1.
2.
Aircraft concept
Equipment capable of flying in the atmosphere independently of the surface, carrying persons or cargo on board, capable of safe take-off and landing and at least partly manageable shall be considered as aircraft; Balloons shall also be considered as aircraft. ';
3.
"(2) Civil aircraft under the administration, ownership or use of Czechoslovak socialist organisations or Czechoslovak state citizens must be registered in the Czechoslovak Aviation Register. '
4.
Management, ownership or use and operation of civil aircraft
(1) Civil aircraft which are in socialist social ownership may manage, possess or use and operate
(a) operating organisations and organisations carrying out air work, as well as organisations for the management and maintenance of public airports and for the exercise of state professional supervision, managed by the Federal Ministry of Transport;
(b) the Federal Ministry of the Interior, voluntary social organisations in charge of industry and air sport, state organisations in charge of aircraft production and repair and testing and research.
(2) The organisations referred to in paragraph 1 may also use and operate civil aircraft owned by foreign owners.
(3) Civil aircraft may be managed, owned or used and operated by socialist organisations other than those referred to in paragraph 1 (a) and (b) only with the approval of the Federal Ministry of Transport in agreement with the Federal Ministry of Interior in the performance of their tasks.
(4) Czechoslovak nationals may have a civil aircraft in their personal ownership. They can only fly it with the approval of the Federal Ministry of Transport, granted in agreement with the Federal Ministry of Interior. "
5. § 8 is deleted.
6. Paragraph 11 (1) reads as follows:
"(1) A civil aircraft with a Czechoslovak registration mark may be used to fly if the airworthiness certificate issued by the State Air Inspection has been issued or if the airworthiness certificate issued by another State which has been recognised as valid by the State Air Inspection."
7. In Article 11, the following paragraph 2 is inserted after paragraph 1:
"(2) A civil aircraft with a registration number of another State may be used to fly in Czechoslovak airspace if it has a certificate of airworthiness which has been issued or recognised as valid by another State under the conditions laid down in international agreements with which the Czechoslovak Socialist Republic is bound. ',
paragraphs 2 and 3 shall be renumbered paragraphs 3 and 4; at the beginning of the newly designated paragraph 3, the words "Ministry of Transport 'shall be replaced by the words" State Air Inspection' and the words "competent civil aircraft to fly 'shall be replaced by the words" airworthiness'.
8. Paragraph 12, including the title, reads:
On-board documents
The civil aircraft shall carry on board the following documents:
(a) the aircraft registration certificate;
(b) airworthiness certificates;
(c) the logbook or document replacing it;
(d) an authorisation to establish and operate a radio broadcasting station, if it is on board. ';
9. Title III shall read as follows:
Aeroplanes "
10.
Composition and competence of air staff
(1) Air staff shall consist of civil aircraft and ground flight staff.
(2) Air staff members must be medically and professionally competent to carry out their activities. They shall operate on the basis of a licence issued by the State Air Inspection. This card requires flight crew members to prove themselves to the authorities of the Federal Ministry of Transport and State Air Inspection in the performance of their duties.
(3) Air staff members are entered in the Czechoslovak aviation register. '
11.
Civil aircraft crew
(1) The crew of a civil aircraft consists of executive pilots (commander, co-pilot, navigator, on-board radiotelegraph, on-board engineer) and operating staff.
(2) Only Czechoslovak nationals may be members of the crews of Czechoslovak civil aircraft; the exemption may be authorised by the Federal Ministry of Transport in agreement with the Federal Ministry of Interior.
(3) The lowest number of crew members of a civil aircraft shall be specified in the type-certificate of airworthiness and in the aircraft on-board documents.
(4) The commander of Czechoslovak civil aircraft may only be pilot-qualified executive airmen unless the Federal Ministry of Transport has authorised an exemption in particular justified cases; in pilot training, the pilot pupil may also perform this function. ';
12. in Article 16 (3), the words "Czechoslovak citizens" are replaced by the words "Czechoslovak state citizens."
13. In § 17 a reference to § 33 is deleted in brackets.
14. In paragraph 18, in paragraph 1, the word "team 'is replaced by" crew' and in paragraph 4, the word "team 'is replaced by" crew'.
15. in Paragraph 19 (1), the words "commander and crew" shall be replaced by "commander and crew."
16. in Paragraph 19 (2), the words "management (ownership)" are replaced by the words "management, ownership or use."
17. Paragraph 23 is deleted.
18.
Protection zones
(1) Air safety at civil airports and the reliable functioning of other ground-based air equipment, as well as the prospective security of their further construction development, are ensured by protection zones.
(2) The protection zone is laid down by a decision of the State Air Inspection on the design of the ground operator in an agreement with the building authority responsible for issuing the zoning decision and with other competent authorities. In a decision to prohibit or restrict the establishment of certain structures or installations, to place lights, to plant crops or to leave them growing beyond a specified level and to carry out activities that threaten the safety of air traffic. ';
19. The following Section 24a is inserted after Section 24:
Construction and equipment outside the protection zones
(1) Before placing construction and equipment of a non-construction nature outside the protection zones, the opinion or consent of the State Air Inspection to the interests of civil aviation shall be sought in respect of:
(a) construction or installations 100 m high or above terrain;
(b) buildings or installations of a height of 30 m or more on natural or artificial heights which protrude 100 m and above above the surrounding landscape;
(c) equipment which may interfere with the functioning of airborne equipment and ground-based air-safety equipment, such as industrial plant equipment, high voltage lines 110 kV and above, energy equipment and broadcasting stations.
(2) For the construction, the State Air Inspection will request a statement at the stage of the negotiation of the zoning plan of the zone or the zoning project of the zone by its procuring entity, at the stage of the processing of the project task of the construction by its investor. For non-construction installations, its administrator, owner or user shall seek the approval of the State Air Inspection Authority, which shall grant it a decision.
(3) The provisions of the preceding paragraphs shall not apply to constructions of military administration and equipment for military purposes. ';
20. In Article 26 (1), the words "the head of the airport 'are replaced by the words" the head of the airport'.
21. In Paragraph 27 (1), at the beginning of the sentence, the words "Owners (users)" shall be replaced by the words "Administrators, Owners or Users" and paragraph 2 shall read:
"(2) Following a decision by the State Air Inspection, AIFMs, owners or users of air traffic safety-sensitive objects are required to mark their cargo by air obstacle marking and maintain and operate these markings. '
22. Paragraph 29a, 29b, 29c shall be inserted after Paragraph 29, including the title and designation of the new Title:
Protection of ground flying equipment
Airfield Armed Protection Corps
(1) The Assembly of Armed Airport Protection (hereinafter referred to as "the College") is hereby established, which operates at public airports and on the territory of other ground air facilities. The basic task of the College is to ensure order and security in the perimeter of the objects protected by it.
(2) The Federal Ministry of Transport, in agreement with the Federal Ministry of Interior and the Federal Ministry of National Defence, establishes the various components (departments) of the College, determines its numerical status, equipment and equipment and sets out the principles of organisation, training and service of the members of the College.
Rights and obligations of members of the College
(1) In carrying out service tasks, interventions and other activities, members of the College shall be required to ensure the honour, dignity and dignity of the citizens as well as their own, and to ensure that citizens do not suffer unfounded damage in relation to such activities and that any interference with their rights and freedoms does not exceed the level necessary to achieve the purpose of the measure implemented.
(2) Members of the College shall be entitled to:
(a) require, on the spot, an explanation from the person from whom it may be expected to contribute to the clarification of the essential facts relating to the breach or threat to the safety of air traffic, public order or safety of life and health, as well as property, unless it is suspected that it is a criminal offence or an offence. An explanation may not be required from any person who would infringe the statutory obligation of confidentiality unless he is relieved of that obligation. An explanation may be denied by anyone who would cause a danger of criminal prosecution to himself or someone close to him,
(b) establish, in places which are not accessible to the public, the identity of persons and their authorisation to stay at such places;
(c) establish the identity of the person who distorts or threatens the safety of air traffic, public policy or the safety of life and health, as well as of the property and, where appropriate, of the person present in such action;
(d) to present a person who does not want or is unable to prove his identity to the public in a place which is not accessible to the public, in a credible manner, or which distorts or threatens the safety of air traffic, public policy, safety of life and health, as well as property, and to surrender him immediately to or release him, as soon as the reasons for the demonstration have ceased;
(e) to ascertain whether the person they present is unarmed and, depending on the nature of the case, to withdraw the weapon until further action by the competent authorities;
(f) after a previous futile call for its issue, withdraw a provisional item which could be declared forfeited or seized and immediately forward it to the competent authorities,
(g) impose and collect fines for offences in block proceedings.
(3) If a member of the College is involved, he will use, if the nature of the procedure so requires and circumstances permit, the words "on behalf of the law."
(4) Everyone is obliged to obey the challenge of a member of the corps.
(5) A record of the demonstration referred to in paragraph 2 (d) shall be drawn up at the appropriate service of the College.
(6) The competent service of the College shall issue a confirmation of the provisional withdrawal of the case to the person to whom the case has been withdrawn.
Rights and obligations of members of the College in carrying out the operation
(1) Members of the College shall be entitled at public airports and on the territory of other ground-based aviation equipment in order to protect them and public order, in particular to avert an attack on themselves or on any other person, during service operations against troublemakers and other dangerous persons, or to overcome the resistance which seeks to thwart their service, action or call, as well as to prevent the escape of the presentable person, to use the touch and grab of self-defense, pocket laceration, batons, handcuffs, service dogs, gun strikes, warnings and warning shots in the air.
(2) A member of the College shall be entitled to use firearms only in the following cases:
(a) to avert, in the event of necessary defence, an attack against or imminent or an attack on the life of another person;
(b) to avert a dangerous attack that threatens a guarded object or site, following a futile call to abandon the attack;
(c) to prevent the escape of a dangerous offender which he cannot otherwise contain;
(d) if there is a need to dispose of an animal that is life or health-threatening.
When using a firearm, members of the Corps shall be obliged to take care, in particular to avoid endangering the lives of other persons, and to save as much as possible the life of the person against whom the action is directed. Where the circumstances of the service permit, the member of the College shall, before using the weapon, use the means referred to in paragraph 1.
(3) Where possible in the light of the circumstances of the case, members of the College shall, prior to the use of the funds referred to in paragraphs 1 and 2, be obliged to use the arrangements, warnings and invitations.
(4) Members of the College shall be required to use the appropriations referred to in paragraphs 1 and 2, which shall allow the proper performance of their duties and shall as little harm as possible to the person against whom they act. At the same time, they shall ensure that this device is used only in a proportionate manner and that any damage is not in a clear disproportion to the importance of the protected interest.
(5) In the case of an individual, the use of weapons, lacerations, batons, handcuffs and service dogs against a pregnant woman, a person of high age, a person with an apparent physical defect or illness and a child shall not be used, except where the nature of the attack carried out by such persons against protected interests or the exceptional nature of the situation arising so necessarily requires.
(6) A record of the operations referred to in paragraphs 1 and 2 shall be drawn up at the appropriate service of the College.
23. Article 30 (1) reads as follows:
"(1) Civil aviation operations within the territory of the Czechoslovak Socialist Republic are organised, managed and secured by the Federal Ministry of Transport by air dispatcher service; the performance of the tasks arising from this activity may be entrusted to the authority of the air transport organisation under its authority. ';
24. The following Section 30a is inserted after Section 30:
In-flight check
The Federal Ministry of Transport and the State Air Inspection are authorised to inspect during flight the activities of the crew and technical equipment of Czechoslovak civil aircraft, their emergency facilities and air traffic security. '
25. Paragraph 33 shall delete paragraphs 2 and 3 and the designation of paragraph 1.
Article 26 (34) (1) reads as follows:
"(1) A flight may be conducted only on the basis of a flight task or flight plan and in accordance with a flight permit issued. ';
27. In Section 38, the words "certificate of airworthiness' are replaced by the words" certificate of airworthiness'.
28. In Section 45 and Section 45 (1), the words "administrative investigation of accidents' and" administrative investigation of the causes of accidents' are replaced by the words "professional investigation of the causes of accidents'.
29. in Article 51, under (a), the words "Article 11 (1)" shall be replaced by "Article 11 (2)."
30.
National air transport
Air passenger, baggage, mail and air transport services for remuneration can only be operated by air transport organisations and air transport organisations managed by the Federal Ministry of Transport [§ 6 (1) (a)] '.
31. in Paragraph 61 (1), the words "under the regulations referred to in paragraphs 58 to 60" shall be replaced by the words "under generally binding legislation" and "with the State Insurance Authority" shall be replaced by the words "with the Czech State Insurance Authority or Slovak State Insurance Authority."
32. in Paragraph 61 (2), the word "policy holder" is replaced by the word "insured."
33. in § 62 (1) (b), the words "executive airmen (§ 15 (3))" shall be replaced by "members of air staff (§ 14 (3))."
34. The title of Title X is: "Specific provisions on the aviation activities of voluntary social organisations in the care of industry and aviation."
35. in Paragraph 63 (1), the introductory phrase is: "The provisions of this Act, with the following derogations, shall apply to the air activity carried out for the purposes of professional education and aviation:"
36. in Article 63 (1) (a), the reference to "(Article 15 (1))" shall be replaced by "(Article 14 (2))" and in point (b) of the same provision at the beginning of the sentence the reference to "Article 14 (6)" shall be replaced by the reference to "Article 15 (2)." In Paragraph 63 (1) (d), the words "Administrative investigations on causation 'are replaced by the words" Professional investigations on causation'.
37. in Paragraph 63 (3), the words "the Czechoslovak Socialist Republic" shall be inserted after the words "the Government."
38. v § 67 (1)
point 3 is replaced by the following:
'3. conditions for granting and withdrawing consent to the administration, ownership or use and operation of civil aircraft (§ 6 (2) and (3)), ';
in point 6, the words "aircraft competence to fly 'are replaced by the words" airworthiness';
point 7 is replaced by the following:
"7. models of on-board documents, other mandatory on-board documents and registration (§ 12), ';
point 8 is replaced by the following:
'8. other functions, the carriers of which are to be included in flight staff (§ 14), as well as the conditions under which an aircraft may be operated by a pilot pupil (§ 15 (4)), ';
point 11 is replaced by the following:
"11. the establishment of protection zones (§ 24) and the closer definition of structures and equipment located outside the protection zones (§ 24a (1)),"
the following point 16a is inserted after point 16:
"16a. the duties of the commander of a civil aircraft, the director of a public airport, the operator of a civil aircraft, as well as other authorities responsible for preparing the flight (§ 33), ';
point 18 is replaced by the following:
"18th expert investigation into the causes of accidents (§ 45),"
39. Where the law applies the name "Czechoslovak Airlines' in the various provisions, this designation shall be replaced by the term" operating organisation '.
40. Where the names "Czechoslovak Republic, Ministry of Transport, Ministry of Interior, Ministry of National Defence, Ministry of Foreign Affairs and Ministry of Communications' are used in the various provisions of the Act, these names are replaced by the names" Czechoslovak Socialist Republic, Federal Ministry of Transport, Federal Ministry of Interior, Federal Ministry of National Defence, Federal Ministry of Foreign Affairs and Federal Ministry of Communications'.
Decree No 144 / 1957 of the Ú. l., on the granting of consent to the administration and operation of civil aircraft (ownership) is hereby repealed.
The Bureau of the Federal Assembly is hereby authorised to declare in the Collection of Laws the full text of the Aviation Act, as is apparent from the later regulations.
This Law shall take effect on 1 January 1977.
Husák v. r.
Indra v. r.
Strougal v. r.
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Regulation Information
| Citation | Act No. 43 / 1976 Coll., amending and supplementing Act No. 47 / 1956 Coll., on Civil Aviation (Aviation Act) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.05.1976 |
|---|---|
| Effective from | 01.01.1977 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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