What is Act No. 47 / 1956 Coll.?

Act No. 47 / 1956 Coll., on Civil Aviation (Aviation Act) — Civil Aviation Act (Aviation Act).

When it became Act No. 47 / 1956 Coll. effectiveness?

Act No. 47 / 1956 Coll. became effective 01.10.1956.

Is Act No. 47 / 1956 Coll. still valid?

Yes, Act No. 47 / 1956 Coll. is still valid and effective.

Act No. 47 / 1956 Coll. - Civil Aviation Act (Aviation Act)

47.

Law

of 24 September 1956

on civil aviation (aviation law).

The National Assembly of the Czechoslovak Republic decided on the following Act:

HLAVA I.

Initial provision.

§ 1.

Civilian aviation mission.

(1) The mission of Czechoslovak civil aviation is to provide air transport, ensure civil aviation safety over the territory of the Czechoslovak Socialist Republic and meet other important social needs.

(2) Czechoslovak civil aviation serves in particular:

(a) national and international air transport, regular and irregular transport of passengers, baggage, goods and mail;

(b) agricultural and forestry holdings;

(c) scientific research;

(d) cultural and educational tasks;

(e) public health,

(f) the purposes of aviation sport.

§ 2.

Civil aviation control.

The management of the development of Czechoslovak civil aviation belongs to the Federal Ministry of Transport, which regulates and directs its activities and ensures that this activity is carried out in accordance with the provisions of this Act and the regulations issued under it and in accordance with the National Economy Development Plan.

§ 3.

Sovereign over airspace.

The Czechoslovak State has complete and exclusive sovereignty over the airspace above its national territory.

HLAVA II.

Planes.

§ 4.

The term plane.

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.

§ 5.

Nationality and registration of civil aircraft.

(1) Czechoslovak civil aircraft are civil aircraft of Czechoslovak nationality under this Act. Czechoslovak nationality has civil aircraft registered in the Czechoslovak aviation register (§ 62).

(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.

(3) By entering a civil aircraft in the Czechoslovak aviation register, its earlier entry in the foreign aviation register becomes ineffective in the Czechoslovak Socialist Republic. It is also inefficient to register a Czechoslovak civil aircraft in a foreign State, unless it has been properly deleted from the Czechoslovak aviation register. The transfer of registration of a civil aircraft from the Czechoslovak aviation register to the foreign aviation register may take place only with the permission of the Federal Ministry of Transport.

(4) The Federal Ministry of Transport will issue a certificate on the entry of a civil aircraft in the Czechoslovak register.

§ 6

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 only with the approval of the Federal Ministry of Transport, in agreement with the Federal Ministry of Interior, by socialist organisations other than those referred to in paragraph 1 (a) and (b).

(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.

§ 7.

License plate.

Each civil aircraft shall be assigned a registration mark when registered in the Czechoslovak Aviation Register; the owner of the aircraft is obliged to mark it on the aircraft after the nationality mark.

§ 9.

Construction and manufacture of civil aircraft.

(1) Types of aircraft intended for civil aviation purposes must comply with technical conditions ensuring the safety of air traffic by design and material.

(2) The conditions for the introduction of series production of new types of aircraft intended for civil aviation purposes shall be laid down in specific rules; the consent required under these regulations to start production may be given only after the prior statement by the Federal Ministry of Transport with regard to technical and operational aspects.

§ 10.

Telecommunications equipment and their operation.

(1) The setting-up and operation of radio broadcasting stations and other telecommunications and radio equipment on board civil aircraft and for air services are at all governed by specific regulations and agreements.

(2) Broadcasting radio stations on board Czechoslovak civil aircraft shall only be operated by persons who have received a prescribed licence from a radiotelegraph or radio-telephonist.

§ 11.

Eligibility of the plane.

(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.

(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 conditions laid down by international agreements with which the Czechoslovak Socialist Republic is bound.

(3) The State Air Inspection shall issue a certificate of airworthiness only after verifying that the civil aircraft complies with the safety requirements and after testing its airworthiness or on the basis of a safety certificate and a test of its airworthiness carried out abroad.

(4) A civil aircraft which has been tested must be subjected to a new test after any substantial change in the structure of the dragon or equipment which may cause a change in the flight characteristics of the aircraft or its strength.

§ 12.

Deck papers.

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 for the establishment and operation of a broadcasting radio station, if it is on board.

§ 13.

The ban on taking certain items on an airplane.

The Federal Ministry of Transport may, in agreement with the Federal Ministry of Interior, for reasons of public security, determine which articles may not be taken into civil aircraft, if the conditions under which such articles may be taken.

Hlava III

Air personnel

§ 14

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.

§ 15

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.

§ 16.

Performance flight licences for international flying.

(1) The executive airmen of civil aircraft used for international flight shall have certificates (diplomas and aviation licences) issued or declared valid by the State in which the aircraft is registered.

(2) The Federal Ministry of Transport shall recognise as valid certificates issued or recognised as valid by the State in which the aircraft is registered, provided that reciprocity is ensured, or that the conditions under which such certificates have been issued or recognised as valid are equal to or more stringent as the minimum conditions internationally established or are more stringent.

(3) The Federal Ministry of Transport may, for the purpose of flying over the Czechoslovak State Territories, refuse recognition of certificates of competency issued to Czechoslovak nationals by another State.

(4) Where, in a Member State, a uniform certificate is introduced instead of a diploma and an air card, the provisions of paragraphs 1 to 3 shall apply to that certificate.

§ 17.

Commander's responsibility.

The commander of a civil aircraft shall be responsible for the condition of the aircraft and its crew, for the preparation of each flight and for the conduct of the flight.

§ 18.

Commander's authority.

(1) Orders of the commander of a civil aircraft issued within the limits of his authorisation must be fulfilled by both crew and passengers unconditionally.

(2) The commander of a civil aircraft has the right to take all necessary measures in flight against persons who, acting as such, threaten the safety of the flight and who are not under his orders.

(3) If an offence has been committed on board a Czechoslovak civil aircraft, the commander shall ensure that the necessary investigations are carried out.

(4) Pending the intervention of the competent authority, the commander of a Czechoslovak civil aircraft shall carry out operations which will not be delayed. If necessary, it shall temporarily detain suspects, conduct a personal inspection of passengers and crew and provide items which may serve as evidence.

§ 19.

Risk and accident measures.

(1) Where a civil aircraft is in danger, the commander and the crew shall be obliged to take all precautions to save passengers and crew; Commander leaves last.

(2) If an accident or an emergency landing occurs, the commander of a civil aircraft shall protect the interests of the person in whose administration, ownership or use or operation the aircraft is located, as well as those of the cargo owners; be entitled to act on their behalf and assume rights and obligations for them, where necessary to protect their interests.

§ 20.

Help in distress.

A civilian commander who has picked up or found another aircraft or seagoing vessel in distress shall be required to provide assistance if he can do so without danger to the aircraft entrusted to him or her and to the persons on the aircraft.

§ 21.

Obligations for war events.

During the war against the Czechoslovak Socialist Republic, the commander of a Czechoslovak civil aircraft is obliged to take all measures to prevent the enemy from taking possession of the aircraft, its documents and cargo.

HLAVA IV.

Ground flying gear.

§ 22.

Enabling procedure.

(1) Prior authorisation by the Federal Ministry of Transport to act in agreement with the participating central authorities is required to establish or significantly change ground-based aviation (airports of all kinds, construction and technical equipment related thereto, ground-based signalling and j.). At the same time, the Federal Ministry of Transport shall ensure that, as far as possible, the negotiations required under other regulations are linked to the authorisation procedure. Conditions and restrictions may be laid down in the authorisation.

(2) All authorised ground-based aviation equipment is entered in the Czechoslovak aviation register.

§ 24

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.

§ 24a

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 the construction of military administrations and equipment for military purposes.

§ 25.

Public airports.

(1) A public airport means a civil airport which is accessible within the limits of its technical and operational competence to all civil aircraft authorised to fly in the Czechoslovak Socialist Republic. As a general rule, public airports which are primarily intended for scheduled air transport are established and operated by the Federal Ministry of Transport by their authorities.

(2) The use of a public airport operated by its authorities by the Federal Ministry of Transport for training purposes, for flying and test flights and for other specific purposes is permitted only with the permission of the Federal Ministry of Transport.

§ 26.

Airport administrations and airport schedules.

(1) The operation of a civil airport is managed, maintained and the measures resulting from its normal use are taken by the airport administration at the head of the airport director (Chief). The airport administration shall be set up by the airport operator.

(2) Airport operations and discipline at civil airports are detailed in the airport regulations. For public airports operated by their authorities by the Federal Ministry of Transport, the Regulations shall be issued by that Ministry. For other civil airports, airport regulations shall be issued by their operator after approval by the Federal Ministry of Transport; if airports also regularly use military aircraft, the approval of the Federal Ministry of Defence is also required for the approval of the airport regulations.

§ 27.

Setting up daily, light and radio signals.

(1) AIFMs, owners or users of land and objects on which daily, light or radio signals are to be placed to ensure the safety of air traffic are required to suffer for adequate compensation for their establishment, location and operation; However, it is not for the organisation of the state socialist sector to be compensated if specific regulations exclude it.

(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.

§ 28.

Treatment of aerial ground equipment.

Ground-based aviation facilities not under the authority of the Federal Ministry of Transport may only be handled with the consent given by the Federal Ministry of Transport in agreement with the Federal Ministry of Defence. This applies, in particular, to the change in the identification and cancellation of the installation.

§ 29.

Airport and other substitutes.

(1) The use of public airports and aeronautical auxiliaries shall be subject to compensation as determined in accordance with the rules on planning and pricing.

(2) The Federal Ministry of Transport may, in agreement with the Federal Ministry of Finance, authorise exemptions from the payment of refunds or refunds.

(3) The obligation to pay compensation shall not apply to aircraft of the armed forces.

HLAVA V.

Years.

§ 30.

Security of civil aviation operations.

(1) Civil aviation operations in the territory of the Czechoslovak Socialist Republic are organised, managed and secured by the Federal Ministry of Transport by air traffic control service; the performance of the tasks arising from this activity may be entrusted to the authority of the air carrier organisation under its authority.

(2) The rules on the conduct of flights (flight regulations) applicable to civil aircraft are also binding on other aircraft moving on flights, near airports of their adjacent premises (§ 31 (1) and (2)).

§ 30a

In-flight check

The Federal Ministry of Transport and the State Air Inspection are authorised to check the operation of the crew and technical equipment of Czechoslovak civil aircraft, their emergency facilities and air traffic security during flight.

§ 31.

Types of flights, flight lines and flights.

(1) Civil aircraft may take place in the airspace of the Czechoslovak Socialist Republic

(a) flights in the airport area, i.e. above and above the designated adjacent area;

(b) scheduled flights;

(c) irregular flights.

(2) Regular transport flights shall take place on flight lines determined by the Federal Ministry of Transport in agreement with the Federal Ministry of Defence. The flight line is an approved permanent route for scheduled flights between two or more locations. For flight safety, the flight path, i.e. the area along the flight line and the airspace above which the flight must be conducted, is defined as a general rule.

(3) The route is approved by the authorities of the Federal Ministry of Transport on a case-by-case basis after the airspace for irregular flights.

§ 32.

Admission to flight.

A civil aircraft may be permitted to fly if a crew has been designated to be qualified as a civil aircraft type and the conditions under which it operates, and only if they are on board.

(a) on-board documents (§ 12);

(b) a pre-flight inspection certificate (§ 33 (1));

(c) air maps and other navigational documents provided by the Federal Ministry of Transport;

(d) the necessary instruments and other equipment.

§ 33.

Flight preparation.

Any civil aircraft flight may be conducted only after prior preparation and technical inspection of the aircraft, check the condition of its crew and ground-based air equipment at the point of departure, at the place of destination and on the route and after the weather conditions have been established.

§ 34.

Flight.

(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.

(2) The departure of a civil aircraft from a place other than the aerodrome shall be carried out in accordance with the flight regulations and under the orders of the commander; in this case, he shall be fully responsible for the departure.

§ 35.

Flight with passengers.

Flight with passengers shall be permitted only from authorised aerodromes and on aircraft for the purpose of approved and controlled pilots whose qualifications meet the conditions laid down for the management of such aircraft.

§ 36.

Flights above built-up locations, test and acrobatic flights.

(1) When flying over places continuously built or with a large assembly of persons in the open air, a civil aircraft shall maintain a height, other than start and landing, that allows it to land safely at or outside the continuously built or populated area at any time, even when the engine is stopped.

(2) Test and acrobatic flights, as well as parachute jumps, shall be prohibited over continuously installed and publicly accessible areas of the aerodrome area; the exemption may be authorised by the Federal Ministry of Transport.

(3) Flight test and acrobatic, as well as parachute jumps over a publicly inaccessible part of the airport area and in the air travel area are permitted except in cases of extreme emergency only with the consent of the competent authorities of the Federal Ministry of Transport, in other airspace only with the approval of the Federal Ministry of National Defence.

(4) Air days and air contests accessible to the audience may be organised if they are agreed by the Federal Ministry of Interior in agreement with the Federal Ministry of Transport.

§ 37.

Prohibitions in flight.

Generally prohibited in flight from civil aircraft

(a) to drop any items outside in the event of extreme emergency or in the case of authorised paratroop activities; the exemptions may be authorised by the Federal Ministry of Transport in agreement with the participating ministries;

(c) use telecommunications equipment, in particular radio broadcasting stations, for purposes not related to flight needs; Exemptions may be authorised by the Federal Ministry of Communications in agreement with the Federal ministries of Interior and Transport.

§ 38.

Participation in test flights.

Civil aircraft flights for which an airworthiness certificate has not yet been issued (§ 11) may only be attended by persons assigned to test aircraft, engines, instruments or other aircraft equipment in flight.

§ 39.

Airplanes without pilots.

Aircraft capable of flying without a pilot shall not fly over the territory of the Czechoslovak Socialist Republic, but with the permission of the Federal Ministry of Transport, which may lay down special flight conditions in particular to ensure the safety of air traffic.

Citation	Act No. 47 / 1956 Coll., on Civil Aviation (Aviation Act)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	06.10.1956
Effective from	01.10.1956
Effective until	-
Status	Valid

Act No. 47 / 1956 Coll.

Civil Aviation Act (Aviation Act)

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