Decree No. 64 / 2010 Coll.
Decree amending Decree No. 108 / 1997 Coll., implementing Act No. 49 / 1997 Coll., on Civil Aviation, and amending and supplementing Act No. 455 / 1991 Coll., on Business Enterprise (Trade Act), as amended
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Effective from 10.03.2010
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64
DECLARATION
of 24 February 2010
amending Decree No. 108 / 1997 Coll., implementing Act No. 49 / 1997 Coll., on Civil Aviation and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended
The Ministry of Transport provides pursuant to Section 102 (1) of Act No. 49 / 1997 Coll., on Civil Aviation and on the amendment and amendment of Act No. 455 / 1991 Coll., on Commercial Business (Trade Trade Act), as amended, as amended, as amended by Act No. 146 / 2000 Coll., Act No. 258 / 2002 Coll., Act No. 225 / 2006 Coll. and Act No. 301 / 2009 Coll.:
Decree No. 108 / 1997 Coll., implementing Act No. 49 / 1997 Coll., on Civil Aviation, and amending and supplementing Act No. 455 / 1991 Coll., on Business Business (Trade Trade Act), as amended, as amended, Decree No. 101 / 1999 Coll., Decree No. 244 / 2003 Coll., Decree No. 359 / 2006 Coll. is amended as follows:
1. Paragraph 1 (1), including footnote 17, reads:
"(1) This decree implements the relevant European Union17 regulations and implements the provisions of the Law on civil aviation matters
(a) the entries in the register, including the addition of an aircraft to the airworthiness review, product type-approval, parts, aircraft ground equipment, coded equipment and the allocation of aircraft addresses;
(b) the authorisation to develop, design, manufacture, installation, repair, testing and maintenance of products, parts and appliances and aeronautical ground equipment, including the expertise of natural persons engaged in such activities;
(c) conditions for the activity and training of air staff and conditions for the recognition of a flight crew member licence issued by another Member State of the European Union;
(d) technical and operational conditions of airports, their establishment, operation and certification of their competence;
(e) the conditions for the use of the areas defined in the territorial planning documentation for take-off and landing and the characteristics of the areas which may be used for taking-off and landing specified types of aircraft in the operation of specified air activities;
(f) details of the report on the noise situation at the airport;
(g) conditions for the use of the airspace of the Czech Republic;
(h) the characteristics of each type of air service and of the activities which ensure its provision;
(i) the conditions under which the database on terrain and obstacle data is maintained and the data transfer to the database;
(j) air accidents and incidents, including measures to prevent them and the model of the certificate of a competent natural person under Section 55b of the Act;
(k) the conditions under which licences, air carrier certificates, operating permits and operating permits are issued for own use;
(l) the conditions of use of the sport flying equipment, including the formalities for the application for a public administration mandate in respect of sports flying equipment;
(m) the models of the certificates of inspection officers in the exercise of national supervision and the model of the protocol pursuant to Article 91a (3) of the Act and the reports referred to in Article 91a (4) of the Act,
(n) the extent of liability insurance caused by the operation of the aircraft and the amount of fees for certain acts carried out by the Office.
17) Council Directive of 16 December 1991 on the mutual recognition of licences for the exercise of functions in civil aviation (91 / 670 / EEC). Council Directive 94 / 56 / EC of 21 November 1995 establishing basic principles for the investigation of accidents and incidents. Council Directive 96 / 67 / EC of 15 October 1996 on access to the groundhandling market at Community airports. Directive 2002 / 30 / EC of the European Parliament and of the Council of 26 March 2002 on rules and procedures for the introduction of operating noise reduction restrictions at Community airports. Directive 2004 / 36 / EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using Community airports. Directive 2006 / 23 / EC of the European Parliament and of the Council of 5 April 2006 on a Community air traffic controller licence. Commission Directive 2008 / 49 / EC of 16 April 2008 amending Annex II to Directive 2004 / 36 / EC of the European Parliament and of the Council as regards the conduct of ramp inspections on aircraft using Community airports. '
2. in Paragraph 1a (4) (c), the words "and proof of payment of premiums" shall be deleted;
3. In Article 1a, paragraphs 7 and 8 are added:
"(7) When transferring ownership to an aircraft registered, a copy or a certified copy of the document certifying the acquisition of the aircraft shall be attached.
(8) The approval of the aircraft owner to change the aircraft operator registered shall be accompanied by the approval of the aircraft operator. ';
4. In Paragraph 8b (4), the comma at the end of point (b) is replaced by a dot and point (c) is deleted.
5. After Paragraph 8d, the following Sections 8e to 8n are inserted:
"Air traffic control qualification
(Paragraph 22d (4) of the Law)
(1) The types of air traffic control ratings are:
(a) visual aerodrome control (ADV);
(b) instrument aerodrome control (ADI);
(c) approach control procedure (APP),
(d) surveillance approach control (APS),
(e) field management (ACP);
(f) surveillance area control (ACS).
(2) The airport visual control (ADV) consists of carrying out activities in the provision of air traffic services for aerodrome operations at an airport which does not have procedures issued for approach or departure using navigation instruments.
(3) The Aerospace Instrument Control (ADI) consists of performing activities in the provision of air traffic services for aerodrome operations at an aerodrome which has procedures for approach or departure with navigation instruments.
(4) The approach control procedure (APP) consists of performing activities in the provision of air traffic services for landing, departing or flying aircraft without the use of surveillance equipment.
(5) The approach control of surveillance (APS) consists of performing activities in the provision of air traffic services for landing, departing or flying aircraft using surveillance equipment.
(6) Regional procedural management (ACP) consists of carrying out activities in the provision of air traffic services to aircraft without the use of surveillance equipment.
(7) Regional surveillance control (ACS) consists of performing activities in the provision of air traffic services to aircraft using surveillance equipment.
(1) The qualifications referred to in Article 8e (1) (b), (d) and (f) are linked to at least one of the following specific conditions for the exercise of those qualifications (hereinafter referred to as "special condition"):
(a) for the performance of airport instrument control
1. control from the control tower (TWR),
2. ground movement control (GMC),
3. ground movement surveillance system (GMS),
4. in-flight control (AIR);
5th Radar (RAD),
(b) for the performance of the approach control of surveillance
1. Radar (RAD),
2. accurate approach radar (PAR),
3. surveillance radar approach (SRA),
4. automatic surveillance dependent system (ADS),
5. terminal management (TCL),
(c) for the performance of surveillance area control
1. Radar (RAD),
2. automatic dependent surveillance system (ADS),
3. terminal management (TCL).
(2) A specific control condition from the control tower (TWR) means the control of take-offs, landings, operations on the aerodrome circuit and operations on the operating surface where the aerodrome control is provided from one workplace.
(3) The specific condition of ground movement control (GMC) is that of operating on an operating surface, excluding take-off and landing.
(4) A specific condition of the ground movement surveillance system (GMS) is to control traffic on the operating surface using the ground surveillance system. This special condition is granted in combination with a special condition for ground movement control or control from the control tower.
(5) The specific condition of in-flight control (AIR) means the control of take-offs, landings and operations at the aerodrome circuit.
(6) A specific condition for radar (RAD) is understood in performance
(a) aerodrome management of instrumentation provision of aerodrome management services using surveillance radar;
(b) approach control of the surveillance provision of the approach control service using primary or secondary surveillance radar;
(c) area control of surveillance provision of regional management services using surveillance radar.
(7) A specific condition for a precision approach radar (PAR) means approach control using an accurate approach radar for an aircraft at the final approach stage to the runway. This special condition is granted in combination with the specific radar condition.
(8) A special condition for approach by surveillance radar (SRA) means approach control by surveillance radar for aircraft at the final approach stage to the runway. This special condition is granted in combination with the specific radar condition.
(9) Special condition automatic dependent surveillance system (ADS) means in performance
(a) approach control of the surveillance provision of the approach control service using an automatic dependent surveillance system;
(b) area control of the surveillance provision of the area management service using an automatic dependent surveillance system.
(10) A specific condition for terminal control (TCL) means the provision of an air traffic control service using any surveillance equipment to aircraft moving in the end-control area or in adjacent sectors. This special condition is granted in combination with a specific radar condition or an automatic dependent surveillance system.
Content and formal details of the air traffic controller and air traffic controller licence and the types of data marked
(Paragraph 22e (4) of the Law)
(1) The air traffic controller and air traffic controller licence contains:
(a) the name of the licensing authority;
(b) the name of the licence;
(c) the serial number of the certificate by Arabic numerals allocated by the Office;
(d) the name and, where applicable, the name and surname of the holder;
(e) the date and place of birth of the holder;
(f) the place of residence of the holder;
(g) the nationality of the holder;
(h) linguistic knowledge and the date of its first certificate and the date of expiry;
(i) the signature of the holder;
(j) the name of the relevant rating in accordance with § 8e and the date of its first issue and the date of expiry;
(k) the signature of the official issuing the licence and the date of issue;
(l) the stamp of the licensing authority.
(2) The air traffic controller licence shall include, in addition to the particulars referred to in paragraph 1, the name of the special condition referred to in Section 8f, the local clause, in the case of an operational instructor, the qualification of the operating instructor and the dates of their initial issue and the expiry date of their validity.
(3) The entries referred to in paragraph 1 (a) to (l) and paragraph 2 are also in English.
(4) The air traffic controller and air traffic controller licence is made of a paper card or other suitable white material, the size of each licence page being one eighth of A4 format.
(5) The model of the air traffic controller and air traffic controller licence is set out in Annex 11 to this Regulation.
Language knowledge
(K § 22f (1) of the Act)
The content of the evaluation scale is set out in Annex 12 to this Decree.
(Paragraph 22f (6) of the Law)
(1) For the purpose of carrying out an examination verifying the English language, the Authority shall appoint a commission consisting of two examiners, at least one of whom holds an air traffic controller licence whose language knowledge corresponds to at least grade 5 of the scale of assessment.
(2) The methodology for carrying out the test must comply fully with the requirement to demonstrate the ability to understand the spoken word and text and to demonstrate the ability to communicate effectively in English both in standard and unusual operational situations in air traffic control. Sound recording shall be made of the test course.
(3) When conducting the oral examination, it shall be assessed whether the applicant:
(a) be able to conduct oral communication with visual and non-visual contact as to whether or not it communicates accurately and comprehensively about the normal, specific and activity of the air traffic controller and the flight traffic controller,
(b) use appropriate language means for the exchange of messages and for the recognition and resolution of misunderstandings in general or with the activity of an air traffic controller or an air traffic controller in a related context;
(c) successfully manage the solutions to language tasks arising from complications or unexpected developments occurring in situations related to air traffic controller activities; and
(d) use dialect or accent which can be understood by the aviation public.
(4) If the Commission does not reach a clear conclusion on the degree of language knowledge, the Office or the delegate pursuant to Article 22 (4) of the Act shall appoint a third examiner who shall decide on the degree of language knowledge on the basis of an assessment of the sound record of the test and its decision shall be final.
Method of participation in ongoing training and scope of air traffic control to extend the local clause
(K § 22g (3) of the Act)
(1) The air traffic controller shall participate in the ongoing training required to extend the local clause
(a) verified by regular attendance in teaching, for at least the period specified in the training plan under Paragraph 22j (2) (d) of the Act; and
(b) successfully performing the checks at the intervals provided for in Section 8m (2).
(2) The scope of the air traffic control performance required to extend the local clause, for air traffic controllers, shall not be less than six times the number of shift hours at each unit during a period of six calendar months, which must last at least 10 hours. In the case of an operating instructor, the scope of the air traffic control performance shall be reduced by the number of hours during which he has conducted training at the operating sites for which an extension is required, but not more than one third of the air traffic control performance range according to the first sentence.
Training of air traffic controller, flight traffic controller and operational instructor
(K § 22h (2) of the Act)
(1) Initial training is a set of theoretical and practical exercises leading to the issue of a flight traffic controller licence.
(2) Local training is a set of theoretical and practical exercises ensuring the ability of the holder of an air traffic controller licence to make use of the competence acquired in the initial training for a particular site for the provision of air traffic services.
(3) Continuous training shall be a set of theoretical and practical exercises maintaining and renewing the capabilities and skills of the holder of an air traffic controller licence.
(4) The training of operational instructors is a set of theoretical and practical exercises ensuring the ability of the holder of an air traffic controller licence to conduct the training of an air traffic controller or an air traffic controller at the unit when providing air traffic services in real operation.
(1) Initial training includes these subjects
(a) aviation legislation and technical operational regulations governing own air traffic control;
(b) air traffic control, including procedures for cooperation between air traffic management for civil flying and military purposes;
(c) meteorology;
(d) navigation;
(e) aircraft design, flight aerodynamics and communication, including communication between air traffic controllers and pilots;
(f) the management of stress situations with regard to factors affecting human behaviour;
(g) technical equipment and systems for own air traffic control;
h) a professional environment involving public relations, the characteristics of military and civil activities in the airspace of the Czech Republic and the environmental impact of air traffic;
(i) ensuring the safety of air traffic control services provided, including safety management systems, and the management of unusual and emergency situations, including system failures;
(j) language knowledge, including specific terminology and radiotelephone frazeology.
(2) Initial training shall be organised and conducted in such a way as to ensure that, on the basis of the knowledge gained and skills acquired, the student flight controller is able to control the flight operations of such complexity and density as is customary at the site in accordance with the instructions of the operational instructor.
(1) The professional competence of a student of entry training and flight controller during local training shall be verified by continuous assessment and a final test of knowledge and skills.
(2) The competence of the holder of an air traffic controller licence shall be verified at least once every 36 months under simulated and actual operating conditions where the operating conditions permit. The simulated operation shall verify knowledge of emergency procedures. Simulated operations may also be used for the verification of knowledge and skills at high load in cases where the verification of competence in actual conditions is not satisfactory due to low air traffic density. The specific procedure for carrying out the proficiency check is described in the training plan.
(3) The training of the operational instructor is verified by a final test of knowledge and skills.
(4) A certificate shall be issued on the result of the final examination referred to in paragraphs 1 and 3 and the result of the examination referred to in paragraph 2.
(5) The elements of the certificate of assessment of training results are:
(a) the name and, where appropriate, the names and surnames and, where appropriate, the academic title and scientific rank of the training participant;
(b) the date and place of birth of the trainee;
(c) start date of training;
(d) the type of training completed;
(e) the date of the final examination and the date of issue of the certificate;
(f) the result of the final examination; and
(g) the signature of the examiner and the imprint of the official stamp with a small State emblem.
(6) At the request of a person who has not obtained the required training results in accordance with § 8k (1) to (4), the Authority shall verify the result of the final examination by examination of the applicant and issue a certificate of the result. To this end, the Office shall set up a three-member examination committee. The examination committee shall consist of at least one staff member of the Office and of other persons who are authorised to carry out examinations under the relevant training and who have not participated in the final examination, the result of which is verified. The test panel shall, without undue delay, subject the applicant to an examination under comparable conditions to those under which the final test, the result of which is verified, has been carried out. An application for verification of the outcome of the final test may be submitted within 15 days of the date of issue of the certificate referred to in paragraph 4.
(7) The formalities for the certificate of verification of the result of the final examination are:
(a) the name and, where appropriate, the names and surnames and, where appropriate, the academic title and scientific rank of the training participant;
(b) the date and place of birth of the trainee;
(c) the type of examination carried out;
(d) the date on which the final test result was verified;
(e) the result of the final examination; and
(f) the signatures of the members of the examination committee and the imprint of an official stamp with a small State emblem.
Details of the training plan
(K § 22j (7) of the Act)
The details of the training plan are set out in Annex 13 to this Decree. ';
6. in Article 9 (2), point (d) shall be deleted;
Point (e) shall be renumbered as point (d).
7. In Article 11 (b), the words "register or 'are replaced by the words" his'.
8. Sections 13 and 14, including the headings and footnotes 5 to 8, read:
Conditions for the use of areas defined in the ground planning documentation for take-off and landing
(Paragraph 35 (1) of the Law)
(1) Areas defined in the planning documentation or in the territorial decision to use the territory may only be used:
(a) take-off and landing of aeroplanes, helicopters, aeroplanes with a direct take-off and landing and related commercial air transport activities;
(b) take-off and landing of aeroplanes, helicopters, aeroplanes with a perpendicular take-off and landing, balloons and aircraft without a pilot, and related activities for the purpose of carrying out air operations as defined in Section 20 (1);
(c) to operate sightseeing flights by helicopters and balloons;
(d) for the purpose of operating for own use;
(e) for the purpose of recreational and sporting flying;
(f) take-off and landing training for helicopters, aeroplanes with take-off and landing, balloons and aircraft without pilot, provided that this training is part of the training syllabus; or
(g) in aircraft training flights to carry out agricultural and fire-fighting operations carried out on these areas.
(2) Areas defined in the planning documentation or in the territorial decision on the use of the territory may be used for the activities referred to in paragraph 1 (a) to (d) only on condition that the use of such area is part of a commercial air transport licence, an operating permit or an operating permit for own use.
(3) For the purpose of recreational and sports flying, the area defined in the planning documentation or in the territorial decision on the use of the territory may be used, provided that the pilot using that area has a total charge of at least 100 hours. If an intensive flight activity is carried out from this area, the area operator, if the area does not have an operator, the aircraft operator shall inform the competent municipal authority of the flight activity before it is started. Intensive flight activity means carrying out more than 3 take-offs and landings per operator per week.
(4) Before commencing the air activities defined in paragraph 1, the commander shall verify, in accordance with the data contained in the flight manual of the aircraft and in the operations manual of the aircraft operator, whether the area defined in the planning documentation or in the territorial decision on the use of the territory is eligible for take-off, landing and related activities and whether the use of that area for aviation activities is in accordance with the relevant specific legislation5).
(5) The take-offs and landings may only be carried out on a day-by-day basis in accordance with visual flight rules specified by the relevant Regulation (6) and if the area operator has agreed to use the area for this purpose. This provision shall not apply to unplanned landings of sailplanes, balloons and activities of urgent public interest, such as rescue flights, fire fighting.
Characteristics of areas, aircraft types and aeronautical activities where any surface can be used for take-off and landing
(Paragraph 35 (3) of the Law)
(1) Areas which are not airports or areas defined in the planning documentation or in the land use decision for take-off and landing aircraft may only be used:
(a) take-off and landing of helicopters and related commercial air transport activities;
(b) take-off and landing of aeroplanes, helicopters, aeroplanes with a perpendicular take-off and landing, balloons and aircraft without a pilot, and related activities for the purpose of carrying out air operations as defined in Section 20 (1);
(c) to operate balloon sightseeing flights;
(d) for the purpose of operating for own use;
(e) for the purpose of recreational and sporting flying;
(f) the take-off and landing training of balloons and aircraft without pilot, if this training is part of the training curriculum;
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Regulation Information
| Citation | Decree No. 64 / 2010 Coll., amending Decree No. 108 / 1997 Coll., implementing 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 Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.03.2010 |
|---|---|
| Effective from | 10.03.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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