Full text of Act No. 439 / 2006 Coll.

Full text of Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended

Valid Declared full text
Text versions: 13.09.2006
439
PRESIDENT OF THE GOVERNMENT
Announces
the full text of Act No. 49 / 1997 Coll., on Civil Aviation and on the amendment and amendment of Act No. 455 / 1991 Coll., on Commercial Enterprise (Trade Trade Code Act), as amended, as follows from the amendments made by Act No. 189 / 1999 Coll., Act No. 146 / 2000 Coll., Act No. 258 / 2002 Coll., Act No. 167 / 2004 Coll. and Act No. 225 / 2006 Coll.
THE LAW
on civil aviation
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

BASIC PROVISIONS
§ 1
Subject matter
(1) This Act implements the relevant provisions of the European Community1) and, following the directly applicable regulations of the European Community1a) regulates civil aviation matters
(a) the conditions for the construction and operation of the aircraft;
(b) conditions for the establishment, operation and certification of airports;
(c) conditions for air construction;
(d) conditions for the operation of air personnel;
(e) conditions of use of airspace;
(f) the conditions for the provision of air services;
(g) operating conditions;
(h) the scope and conditions of aviation security;
(i) conditions for the use of sports flying equipment;
(j) the scope and conditions of the administration.
(2) This Act applies to military aviation in the field of air personnel, military airports and aircraft construction, airspace use, air services and the operation of air activities to the extent specified.
§ 2
Basic concepts
(1) Civil aviation means air activities operated in the Czech Republic by civil aircraft of any nationality for civil purposes, as well as air activities operated by aircraft of nationality of the Czech Republic abroad for civil purposes and the operation of civil airports and the provision of air services in the Czech Republic.
(2) An aircraft means a device capable of producing forces carrying it in the atmosphere from air reactions which are not reactions to the earth's surface. For the purposes of this Act, an aircraft model whose maximum take-off mass does not exceed 20 kg shall not be considered an aircraft.
(3) The product of aviation technology (hereinafter referred to as the product) within the meaning of this Act is an aircraft, engine or propeller.
(4) Aircraft parts and appliances are any apparatus, equipment, mechanism, apparatus, accessories or aggregate, including communication equipment, which is used or intended for use in the operation or control of an aircraft in flight and which is incorporated in or attached to the aircraft. Includes parts of a dragon, engine or propeller.
(5) Air ground equipment means a technical device located on the ground and used to ensure air traffic.
(6) The air space of the Czech Republic is the space above the territory of the Czech Republic up to a height which can be used for air traffic.
(7) The airport is a geographically defined and appropriately adapted area, including a set of airport structures and facilities, permanently designed for take-off and landing of aircraft and aircraft movements related thereto.
§ 3
Establishment of the Civil Aviation Authority
(1) An Administrative Office for Civil Aviation, based in Prague, hereinafter referred to as "the Office ', is hereby established for the performance of public administration in civil aviation matters. The Office is subordinate to the Ministry of Transport.
(2) The Office shall be headed by the Director-General whose appointment and appeal shall be governed by the Staff Act. In the performance of his / her duties, he / she shall be empowered to conclude agreements between the civil aviation authorities for activities related to the transfer of responsibility from the State of registry to a State where the aircraft is operated for a longer period of time, in particular for the competence, crew and maintenance of the aircraft under Article 83bis of the Convention on International Civil Aviation, provided that such an agreement must be known to all other Contracting States which have ratified it.
(3) The Authority cooperates with the European Aviation Safety Agency (hereinafter referred to as the Agency) on the basis of a directly applicable Regulation of the European Communities (1c). The scope and conditions of cooperation shall be further covered by the contract concluded between the Office and the Agency.
(4) Where the Office carries out activities for the Agency, it shall set up a separate account for the proceeds of such activities and separate accounts for costs and revenues. The Office shall be authorised to use the funds of the account only to increase the qualifications of its staff, the purchase of technical equipment and the financing of other needs necessary for the performance of the Agency's activities. Unspent account funds in a calendar year shall constitute the revenue of the State budget. The account management statement for the relevant calendar year shall be published by the Office in a manner enabling remote access (1d) within 6 months of the end of the relevant calendar year.
(5) The Authority shall carry out the tasks of the national supervisory authority in accordance with the directly applicable Regulation of the European Communities (1e).
(6) The Authority may, by its decision, delegate tasks in the area of assessment of the conformity or suitability for use of constituents and verification of the European Air Traffic Management Network systems to a legal person who fulfils the conditions laid down in the directly applicable European Communities1f). The Authority shall withdraw the mandate under the conditions laid down directly by the applicable European Community1f.
(7) The Authority shall supervise the performance of the air carrier's duties relating to compensation and assistance to passengers in the event of denied boarding, cancellation or major delay of a flight under the directly applicable European Community1g) and shall deal with complaints concerning infringements of these obligations.

ČÁST DRUHÁ

AIRCRAFT, ELIGIBILITY OF PRODUCTS, AIRCRAFT PARTS AND INSTALLATIONS FOR USE IN CIVIL AIRCRAFT

HLAVA I

_
§ 4
Air Register
(1) The aviation register of the Czech Republic (hereinafter referred to as the "aviation register") is a register of aircraft, with the exception of sports flying equipment, the operator of which is a natural person with a permanent residence or legal person with a registered office in the Czech Republic. The air register shall be kept by the Office.
(2) The aeronautical register is a publicly available list. Each person shall be entitled to consult and request from the Office a copy or extract of the registered data or confirmation that the entry in the register is not entered. The following aircraft data shall be entered in the register:
(a) the owner;
(b) the operator,
(c) registration number,
(d) the type and production number of the aircraft and other basic technical data provided for in the implementing legislation;
(e) establishing a lien for aircraft, aircraft engines and propellers, spare parts for aircraft, parts and appliances;
(f) the aircraft address, if allocated,
(g) the date of registration and deletion from the register.
(3) Only an aircraft not registered in another State may be registered.
(4) Upon request, the Authority may assign a registration number provisionally prior to the entry of the aircraft into the aviation register. The decision on the provisional assignment of the registration number shall cease to be valid six months after the acquisition of legal authority. The application shall be accompanied by an implementing act.
(5) By registration in the aviation register, the aircraft acquires the nationality of the Czech Republic.
(6) The Office will assign a registration number to the aircraft when it is registered and issue an aircraft registration certificate. The aircraft registration certificate shall certify ownership of the aircraft.
§ 5
(1) An application to register an aircraft shall be submitted by the owner or aircraft operator.
(2) The details of the application for registration of an aircraft and the documents to be attached to the application are laid down in the implementing legislation.
§ 5a
(1) An application for entry of a pledge on an aircraft shall be submitted by the aircraft owner together with the lien creditor.
(2) The details of the application for entry of a lien in the aviation register and the documents to be attached to the application are laid down in the implementing legislation.
(3) If the conditions laid down in this Act for the entry of a lien in the aviation register are fulfilled, the Office shall record and inform the applicant and the lien accordingly.
(4) The contractual lien for an aircraft shall be established on the date of entry of the lien in the register in accordance with the order of the applications received. Contractual liens registered in the aviation register prior to the application of this Act, if they continue to exist, shall be considered as liens arising from the date on which they were registered.
(5) Any person who acts in confidence in the registration of a pledge on an aircraft in the air register may not object to the fact that the registration is not in line with the facts.
§ 5b
(1) The contracts for the transfer of ownership of an aircraft must take a written form. The transfer of ownership and lien to an aircraft registered shall take effect on the date of entry into the register.
(2) The approval of the lien creditor is needed to transfer ownership of the aircraft stopped.
(3) A lien creditor whose lien is entered in the register is entitled, in the enforcement of the decision, to seek priority satisfaction from the sale of an aircraft before another lien creditor, not of a creditor whose lien was registered earlier, as well as of a creditor who has the right of detention on the aircraft.
§ 6
(1) The operator of an aircraft registered, the owner of the aircraft, the lien creditor and the persons covered by the register are required to report and document to the Authority without delay any changes to the data entered in the register and, in the case of a legal person, the assigned identification number if it was not included in the application for registration of an aircraft.
(2) At the request of the operator or owner of the registered aircraft or on his own initiative, the deletion of the registration of an aircraft shall be carried out by the Authority if it finds that the conditions laid down for the registration of an aircraft have changed or ceased to exist. If the aircraft operator is not the owner of the aircraft at the same time, the deletion of the registration of the aircraft from the register may be carried out only with the agreement of the aircraft owner. In the absence of a decision to sell an aircraft, the Authority may only delete an aircraft from the register if all holders of rights relating to an aircraft registered have given their consent to the deletion. The Authority shall inform the aircraft operator of the deletion of the aircraft registration and, if the aircraft operator is not the owner of the aircraft at the same time, the owner.
§ 6a
The removal of the entry of a lien in respect of an aircraft registered by the Authority shall be carried out at the request of the lien creditor or on his own initiative on the basis of a document proving the loss of lien. The Office shall inform the aircraft owner, the pawn, if not the aircraft owner at the same time, and the lien creditor of the deletion of the registration.
§ 6b
(1) The creation of air motor and propeller pledge rights, spare parts for aircraft, parts and appliances and the entry of such rights in the aviation register, as well as their deletion from the aviation register, are subject to the provisions of Sections 5a and 6a mutatis mutandis.
(2) The owner of aircraft engines and propellers, spare parts for aircraft, parts and appliances on which the lien registered in the aviation register is attached must ensure
(a) placing in storage separately from other spare parts;
(b) the measure is a visible indication of the existence of a lien, indicating the name, business name or name of the lien creditor and of the register in which the lien is registered.

HLAVA II

PRODUCTION TYPE APPROVAL, AIRCRAFT AIRCRAFT ELIGIBILITY AND AIRCRAFT ELIGIBILITY
§ 7
Approval of the product type
(1) The type of product shall be approved by the Authority at the request of the manufacturer, importer or other legal or natural person who demonstrates a legal interest in the type-approval of the product.
(2) The Office shall determine, for the purposes of product type-approval, at the latest within one month of receipt of the request:
(a) in agreement with the applicant, the provisions for type-approval by an international agreement which forms part of the legal order (hereinafter referred to as the "regulatory base") on the basis of which the product type will be approved,
(b) the period within which the type-approval of a product may be based on a specified regulatory basis.
(3) During product type-approval, the Authority may require the applicant for type-approval to submit the supporting documents necessary for type-approval.
(4) The Authority will approve the type of product on the basis of the results of the assessment and verification of conformity of the product characteristics with the requirements laid down for the safety of the product and the ecology of aircraft operation by a regulatory base (hereinafter referred to as "assessment and verification of conformity of the characteristics"), as evidenced by the applicant for type approval. The Authority shall act on a specified regulatory basis when type-approval of a product. The assessment and verification of the conformity of characteristics shall be ensured by the applicant for his cargo at the Office. The Authority may delegate the assessment and verification of the conformity of characteristics to a legal person.
(5) The rules on administrative procedures shall not apply to product type-approval.
(6) The manufacturer shall produce products according to the type approved or recognised by the Office and demonstrate compliance of the product with the approved or recognised type.
(7) The manufacturer shall monitor the product produced by it in service and, on the basis of analysis of the product failures, issue measures to maintain or restore the airworthiness of the aircraft.
(8) The particulars of the application for type-approval of a product, the documents to be supported by the application shall be provided for in the implementing act.
§ 8
Eligibility
(1) The Authority shall decide on the competence of an aircraft to fly (hereinafter referred to as "airworthiness") upon request:
(a) the manufacturer, importer or other legal or natural person showing a legal interest in the case of a newly manufactured aircraft;
(b) the operator, in the case of an aircraft already operated.
The Authority shall issue an airworthiness certificate for the approval of airworthiness.
(2) The Authority's airworthiness approval shall be subject to the compliance of the aircraft with the approved type and to the airworthiness verification. Verification of airworthiness shall be ensured by the applicant for his cargo. The Authority may delegate the assessment and verification of airworthiness to a legal or natural person.
(3) The implementing regulation lays down the airworthiness conditions of each type of aircraft with regard to their design, technical parameters and their use.
§ 9
Eligibility of individually manufactured product
The approval of the airworthiness of an individually manufactured product shall be decided by the Authority at the request of the manufacturer, importer or other legal or natural person who demonstrates a legal interest in the approval. The Authority shall issue an airworthiness certificate for the approval of airworthiness. The Authority shall issue a certificate of airworthiness if the requirements laid down in the implementing regulation on product safety and the ecology of aircraft operations are met.
§ 10
Airworthiness checks
(1) Aircraft registered in the aviation register are subject to airworthiness checks provided by the aircraft operator at the Authority for its cargo. The Authority may delegate airworthiness checks to a legal person.
(2) If the Authority finds that the aircraft does not meet the airworthiness requirements, it shall retain the airworthiness certificate until the airworthiness defect has been remedied.
(3) In the event of a finding of permanent airworthiness, the Authority shall decide on the airworthiness of the aircraft and withdraw the airworthiness certificate.
(4) The scope and manner of in-service airworthiness checks shall be laid down in the implementing act.
§ 11
Operation of foreign aircraft
An aircraft that is registered in the register of another State, the operator of which is a natural person with a permanent residence or a legal person having its registered office in the Czech Republic, may be operated in the airspace of the Czech Republic, provided that the type of aircraft and its airworthiness has been approved by another State and that it is recognised by an international agreement which is part of the legal order or by a directly applicable European Community1f), an approval certificate and a certificate of airworthiness issued by another State to the Authority as valid.
§ 12
(1) It is prohibited to operate an aircraft in the airspace of the Czech Republic,
(a) which does not have a valid certificate of airworthiness or for which a certificate of airworthiness issued by another State has not been recognised as valid by the Authority;
(b) for which no certificate of registration has been issued or of another State's registry;
(c) whose technical and operational condition does not comply with the requirements of flight safety and environmental protection laid down in the implementing regulation.
(2) The aircraft operator shall:
(a) maintain aircraft airworthiness;
(b) ensure, in the case of an aircraft operated by it, the addition of an aircraft to the airworthiness review as required by the implementing Regulation;
(c) to provide, at the request of the aircraft manufacturer, once per calendar year a list of defects relating to the technical condition of the aircraft;
(d) have, throughout the operation of the aircraft, agreed liability insurance for aircraft operations and insurance premiums paid;
(e) keep records of aircraft operations.
(3) The method of keeping records of aircraft operations shall be laid down in an implementing regulation.
§ 12a
(1) The Authority collects and processes all relevant data for flight safety on the technical and operational status of aircraft (hereinafter referred to as "technical status of aircraft") landing on the territory of the Czech Republic and registered in the aviation register of a State which is not a Member State of the European Union.
(2) The data referred to in paragraph 1 shall in particular mean:
(a) records of aircraft operations;
(b) pilot reports;
(c) obtained by a legal or natural person authorised to maintain and repair the products, parts and appliances referred to in Article 17;
(d) obtained in determining the causes of accidents and incidents;
(e) obtained from natural and legal persons or from administrative bodies;
(f) a flight ban imposed after an aircraft inspection on the aerodrome ramp pursuant to § 91a (5);
(g) the measures taken by the aircraft operator or accepted by the aircraft operator to eliminate defects in the technical condition of the aircraft identified during the ramp inspection of the aircraft in accordance with § 91a (5);
(h) the redetection of defects in the technical condition of the aircraft;
(i) the exchange of information with the competent authority of the State in whose territory the aircraft operator has its registered office or place of business.
(3) Paragraph 1 shall not apply to State aircraft under an international agreement which is part of the legal order of 1h) and to aircraft which do not serve commercial air transport and whose maximum take-off mass is less than 5 700 kg.
(4) Any person who has the information referred to in paragraph 1 shall, upon request, transmit it to the Office. The Office shall set a reasonable time limit for the transmission of the data.
(5) On the basis of the data referred to in paragraph 1, the Office shall, without undue delay, draw up a report which it shall immediately transmit to the European Commission and, at the request of the competent authorities of the Member States of the European Union and the Agency. If this data leads to a suspected threat to flight safety, the Authority shall transmit the report without delay to all the competent authorities of the Member States of the European Union and to the European Commission.
(6) The staff of the Office are required to maintain confidentiality regarding the technical condition of aircraft provided by the competent authorities of the Member States of the European Union. The obligation to maintain confidentiality shall not apply to the provision of information between administrations in the security of flight.
(7) The model of the report referred to in paragraph 5 shall be laid down in an implementing act.
§ 13
(1) The assessment and verification of the conformity of product characteristics, the assessment and verification of airworthiness and the airworthiness review may be carried out at the disposal of the Authority by a legal or natural person entrusted with this activity by the Authority.
(2) Assessment and verification of conformity of product characteristics, airworthiness assessment and verification and airworthiness review means work to detect, verify or demonstrate the characteristics of an aircraft or components for the purpose of:
(a) type-approval of a product;
(b) approval of an aircraft manufactured individually or parts thereof;
(c) airworthiness approval;
(d) airworthiness reviews.
(3) The assessment and verification of compliance with the characteristics of the air ground installation in the development, construction, production, installation and operation of the Office may be carried out by a legal or natural person entrusted with this activity by the Office.
§ 14
(1) The Office may delegate to a legal or natural person:
(a) be technically and constructively equipped to assess and verify the conformity of the characteristics or to assess and verify the airworthiness of the products or to check the airworthiness of the products, or to assess and verify the conformity of the characteristics of the air ground equipment in the development, construction, manufacture, installation and operation;
(b) ensure that the activities referred to in point (a) are carried out by natural persons who are competent to maintain confidentiality and business secrets.
(2) The Office shall check that the mandated legal or natural person complies with the requirements under which it has been entrusted. In the event of non-compliance, the Office shall suspend or withdraw the mandate of a legal or natural person.
§ 15
Test flying
(1) Prototype of an aircraft, an aircraft for which a certificate of airworthiness has not yet been issued, or an aircraft which does not meet the airworthiness requirements as a result of a change in the purpose of its use, or an aircraft which has ceased airworthiness may only be used for test flight under the agreement of the Authority.
(2) The Authority will grant approval to test flight after verification of the conditions laid down in the implementing Regulation for test flight.
§ 16
Aircraft parts and equipment and ground equipment
(1) Aircraft parts and equipment and ground equipment specified in the implementing regulation may be used in civil aviation only if they have been approved or recognised as fit for use in civil aviation by the Authority. The costs of issuing the certificate of airworthiness of the part and equipment and of the air ground equipment shall be borne by the applicant.
(2) The requirements of the application for the approval of the airworthiness of parts and appliances and aircraft ground vehicles for use in civil aviation and the technical conditions of parts and appliances and of aircraft ground vehicles are laid down in the implementing act.
§ 17
(1) The development, design, manufacture, testing, installation, maintenance, repair, modification and design changes of products, parts and appliances and aeronautical land equipment designated by the implementing legislation may be carried out by a legal or natural person authorised to do so by the Office or the Agency or by another Member State pursuant to a directly applicable regulation of the European Community1c) or recognised under a specific legislative act 1i).
(2) The Authority shall grant the authorisation referred to in paragraph 1 to a legal or natural person who fulfils the following requirements:
(a) has technical equipment for the development, design, manufacture, installation, repair, testing or maintenance of products, parts and appliances and aeronautical ground equipment;
(b) ensure that the development, design, manufacture, installation, repair, testing or maintenance of products, parts and appliances and aeronautical ground equipment are carried out by competent natural persons.
(3) The requirements of the application for authorisation for the development, design, manufacture, installation, repair, testing or maintenance of products, parts and appliances and aeronautical ground equipment, the conditions for the authorisation and expertise of natural persons carrying out the development, design, manufacture, repair, testing or maintenance of products, parts and appliances and ground flying equipment are laid down in implementing legislation.

HLAVA III

MANAGEMENT OF AIRCRAFT ADRES
§ 17a
(1) The aircraft address is an electronic identification code intended for the international identification of aircraft, sports flying equipment (§ 81) and other equipment provided for in the implementing legislation ("coded equipment") for civil and military aviation purposes.
(2) The Ministry of Transport manages the aircraft addresses allocated to the Czech Republic by an international organisation under an international contract, which is part of the legal order 1f). The management of aircraft addresses means the drawing up of a plan for the distribution of aircraft addresses (hereinafter referred to as "the plan ') and checking the efficient use of such distributed addresses. Parts of the plan concerning aircraft and coded equipment used for military purposes are compiled by the Ministry of Transport in cooperation with the Ministry of Defence.
(3) In the plan, the Ministry of Transport will determine the number of aircraft addresses for the needs of civil aircraft, military aircraft, customs aircraft, sport flying equipment and coded equipment.
§ 17b
(1) The Authority shall decide on the allocation of aircraft addresses upon request.
(a) the operator of the aircraft, with the agreement of the owner of the aircraft, unless it is simultaneously the owner of the aircraft;
(b) a user of a sports flying device with the consent of the owner of the equipment, unless he is simultaneously the owner of the equipment; or
(c) the operator of the coded device.
(2) The decision on the allocation of an aircraft address shall be subject to the availability of the aircraft addresses as planned, the assignment of a registration plate or the registration of a sports flying device in the register of sports flying equipment in accordance with § 84b or proof of the effectiveness of the allocation of an aircraft address for the coded equipment.
(3) Only one aircraft address may be assigned, for one aircraft only, sports flying equipment or coded equipment.
(4) For military aviation purposes, the Ministry of Defence shall assign and remove aircraft addresses as planned. The Ministry of Defence shall immediately notify the assignment or withdrawal of the aircraft address in accordance with the sentence of the first Office. Paragraphs 17b and 17c apply mutatis mutandis to the allocation and removal of the aircraft address by the Ministry of Defence.
(5) The details of the application for an aircraft address and the list of documents to be supported by the application are laid down in the implementing legislation.
§ 17c
(1) The operator of the aircraft, the user of the sport flying equipment and the operator of the coded equipment are required to use the aircraft address in accordance with the decision on its allocation. The Authority shall control the use of the aircraft addresses assigned to it.
(2) The operator of the aircraft, the user of the sport flying equipment and the operator of the coded equipment are required to notify the Authority in writing without delay of any change in the facts on the basis of which the aircraft address was assigned.
(3) The Authority will withdraw the aircraft address
(a) when the aircraft is removed from the register;
(b) in the case of the deletion of a sports flying gear from the register in accordance with § 84b; or
(c) unless the effectiveness of the allocation of the aircraft address for the coded equipment is already given.
§ 17d
(1) The Authority shall keep a list of all aircraft addresses allocated as planned. This list shall be kept by the Office in writing and in electronic form.

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Regulation Information

CitationFull version of Act No. 439 / 2006 Coll., Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended
Regulation TypeDeclared full text
Author-
CollectionCode of Laws
Date of Promulgation13.09.2006
Effective from-
Effective until-
Status Valid
The regulation text is for informational purposes only.
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